Committing a particularly audacious violation of public order, expressed in obvious disrespect for society with the use of violence against the victim, resulting in minor harm to health.
By the verdict of the Aktobe City Court No. 2 dated November 20, 2014, K. was sentenced under part 1 of Article 257, part 3 of Article 103, and part 3 of Article 58 of the Criminal Code to 8 years in prison to serve his sentence in a general regime penal colony. The civil claim of the victim A. was partially satisfied, with K. 3,000,000 tenge was recovered for moral damage, 603,455 tenge for material damage and 6,960 tenge for state revenue. By the verdict of the court of K. He was found guilty of committing a particularly audacious violation of public order, expressed in obvious disrespect for society with the use of violence against victim D., resulting in minor injury to health. In addition, K. deliberately inflicted R. He punched in the face area and fired several shots at him from an unidentified air pistol, causing minor injury to his health in the form of non-penetrating bruised wounds to the chest on the left, bruised wounds to the left hip, left knee joint, and bruising to the left shoulder. Further, K., with the aim of intentionally causing serious harm to R.'s health, inflicted multiple indiscriminate blows to his head with a bat, causing serious harm to his health in the form of severe traumatic brain injury, extensive hemorrhages in the soft tissues of the head, fractured bones of the arch and base of the skull with a brain contusion, complicated by the development of a life-threatening condition – cerebral edema and dislocation syndrome, which caused the death of the victim by negligence. By a decision of the Court of Appeal for Criminal Cases of the Aktobe Regional Court dated March 17, 2015: - the verdict was changed in terms of K.'s conviction under part 3 of Article 3 of the Criminal Code, the verdict was overturned due to the absence of corpus delicti in his actions, the proceedings in this part were terminated on the basis of paragraph 2 of part 1 of Article 35 of the CPC; - the verdict was overturned in regarding the recovery from K. in favor of A. of moral damage in the amount of 3,000,000 tenge, material damage in the amount of 603,455 tenge and state duty to the state revenue in the amount of 6,960 tenge; - the application of part 3 of Article 58 of the Criminal Code was abolished; - on the basis of paragraph 1) of part 5 of Article 46 of the Criminal Code, he was sentenced to serve his sentence in a penal colony. The rest of the verdict remains unchanged.
Committing a particularly audacious violation of public order, expressed in obvious disrespect for society with the use of violence against the victim, resulting in minor harm to health.
By the decision of the cassation judicial board of the Aktobe Regional Court, the decision of the appellate instance was left unchanged. The Supervisory Judicial Board for Criminal Cases of the Supreme Court overturned the decisions of the appellate and cassation judicial boards against K., upholding the verdict of the court of first instance on the following grounds. Conclusions of the court of first instance on the evidence of K.'s guilt the charges of causing serious harm to health, life-threatening to a person who negligently caused the death of the victim R., under the circumstances set out in the verdict, are based on evidence comprehensively and fully examined at the court session and correspond to the actual circumstances of the case. Thus, K., during his first interrogation during the preliminary investigation, claimed that he had not been at the scene of the crime at all and did not know anything about it. After his identification by the victim, D. He began to claim that shots from a pistol were fired at R. He did not produce it, he did not beat him with a bat, all the injuries indicated in the examination were inflicted on the victim by S. and E., they kicked him on the head. In the court session, K. He changed the testimony again and added that he had seen S. jump on R.'s head two or three times. The court of First Instance critically assessed these statements. Thus, it follows from the testimony of witness S. that he and E. separated K. and an Asian guy who were fighting and put K. in a car. When he started the car, an Asian guy came up and kicked the back door of the car twice. After which K. He took an air pistol from the pocket of the car door and fired it two or three times into the chest of that guy. After that, they started fighting again, punching each other in the face. Then K. I took a wooden bat out of the car, ran up to that guy and hit him once on the head. Witness S. confirmed these statements during the confrontation with K. and during the verification of his testimony on the spot. Witness E. gave similar testimony.
The reliability of the testimony of the above-mentioned witnesses is beyond doubt, since the grounds for the convict's slander on their part have not been established, their testimony is stable and consistent throughout the preliminary and judicial investigation and is consistent with the testimony of the convict that he carried an air pistol and a bat in the cabin of his car. In addition, these witnesses testified that on the way home, K. said that, in his opinion, he killed D., as he hit him hard with a bat, which caused his arm to hurt and he could not drive a car. Thus, it was established at the court hearing that K. had inflicted all the bodily injuries to the victim. According to the conclusion of the forensic medical examination ET-No. 337 dated June 10, 2014, R.'s death occurred on May 09, 2014 at 09:15. The main cause of death was severe traumatic brain injury.
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