II K 408/17
AI generated
Court convicted defendant of assault causing injury over 7 days and imposed 10 months of community service.
Legislator summary
AI generatedThe court convicted the defendant of intentional injury under Article 157 of the Criminal Code, finding her guilty of pushing an intoxicated victim down stairs. The prosecution argued for a prison sentence, but the court applied Article 37a to impose a lighter penalty of 10 months of controlled community work. This decision balanced the defendant's prior record and the victim's intoxication against the severity of the physical harm caused.
Legislator headnote
AI generatedArt. 157 § 1 k.k.; Art. 37a k.k.: The court established that when an intentional act causes injury exceeding seven days, a sentence of restriction of liberty (community service) may be imposed as a lighter alternative to imprisonment if mitigating circumstances justify it.
Keywords
AI generated
intentional injury
restriction of liberty
community service
recidivism
mitigating circumstances
proportionality of punishment
intoxication of victim
Cited Legislation
AI generatedArt. 157 § 1 k.k.
Art. 64 § 1 k.k.
Art. 37a k.k.
Art. 34 § 3 k.k.
Art. 72 § 1 pkt 5 k.k.
Art. 53 k.k.
Art. 335 k.p.k.
art. 207 § 1 k.k
art. 157 § 1 k.k
art. 64 § 1 k.k
Related Decisions
AI generatedII K 432/16
Court grants suspended sentence for assault causing injury over 7 days and orders compensation.
II K 265/18
Court convicted defendant of intentional injury causing life-threatening disease and sentenced to one year and two months imprisonment.
XI Ka 951/19
Court dismissed appeal against conviction for aggravated assault, upholding first-instance judgment on facts and sentencing.
VII K 8/23
Court acquits defendant of negligent injury due to insufficient evidence proving his specific identity as the attacker.