Court reduces sentence by removing recidivism aggravation and reclassifying offense under Polish Criminal Code.

The appellate court partially modified the first-instance judgment by eliminating the recidivism aggravating circumstance and reclassifying the offense under Article 244 of the Criminal Code. The defense argued that the lower court incorrectly applied the recidivism rule based on a prior conviction, while the prosecution maintained the original qualification. The court ruled that the factual description did not support the recidivism finding and that the new classification was appropriate, thereby reducing the sentence to ten months.