Court partially allows appeal, changing factual finding on state damage and ordering apology.
Legislator summary
AI generatedThe appellate court partially modified the first-instance judgment regarding the defendant L. B. by altering the factual description of harm to the state and ordering an apology. The prosecution and defense appealed the original ruling, which had not explicitly confirmed the state's damage in the operative part. The court ruled that the first instance failed to properly record the specific damage to the State Forest Management, necessitating a change to the factual description and the addition of an apology obligation.
Legislator headnote
AI generatedArt. 284 § 2 kk; Art. 438 pkt 2, 3 k.p.k.: The appellate court may modify the factual description of the crime if the first instance failed to establish essential elements of the offense or the specific damage caused, provided this error affects the judgment's substance.