Extortion of funds under threat of distribution on the "You Tube" video hosting
By the verdict of the court No. 2 of the Saryarka district of the city of Nur-Sultan dated March 31, 2020: A., previously convicted under paragraph 1) of part 2 of Article 191 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code) to 3 years of restriction of freedom, was sentenced under part 1 of Article 194 of the Criminal Code to 3 years of restriction of freedom. Based on article 60 of the Criminal Code, according to the totality of the sentences, the unserved sentence was partially added to the court verdict of February 5, 2019, and he was finally sentenced to 3 years and 6 months of restriction of freedom. By the verdict of the court of A. He was found guilty of the fact that on February 14, 2020, while standing at the window of the dining room located at 8 Birzhan-sal Street in Nur-Sultan, he videotaped on his mobile phone sleeping at the table in the uniforms of inspectors of the Patrol Police Regiment of the Nur-Sultan Police Department, Police Sergeant J. and Senior police Lieutenant T. 2 hours later, A., being in the dining room located at 10 Goethe Street in Nur-Sultan, saw the above-mentioned police officers sleeping at the table again and filmed them on his mobile phone video camera. Then, out of self-interest, under the threat of spreading the video in his possession on the "You Tube" video hosting service, J. and T. demanded the transfer of funds to him in the amount of 50,000 tenge each by 11 a.m. on February 14, 2020. T. and J. On the same day, they filed a complaint with the Nur Sultan USB DP regarding extortion of funds from them by A. At about 12:45 p.m., the latter was detained by employees of the Nur Sultan USB DP. During a personal search, funds in the amount of 100,000 tenge, stolen by extortion, were seized from him. By the decision of the Appellate Judicial Board for criminal cases of the Nur-Sultan City Court dated May 12, 2020, the verdict remained unchanged. In the protest, the Prosecutor General, without disputing the evidence and correctness of the qualification of A.'s actions, asks the judicial acts to be changed in view of the excessive leniency of the imposed punishment and inconsistency with the general principles of sentencing. By virtue of part 2 of Article 39 of the Criminal Code, punishment is applied in order to restore social justice, as well as to correct a convicted person and prevent the commission of new criminal offenses by both convicted persons and others.
Extortion of funds under threat of distribution on the "You Tube" video hosting
When sentencing A., the court took into account that the crime he committed belongs to the category of moderate severity, the presence of circumstances mitigating criminal liability and punishment in the form of a confession of guilt, sincere repentance, the presence of a newborn child, the absence of aggravating circumstances in the case, his behavior before and after the crime, the opinion of the victims who did not insist on his imprisonment. In such circumstances, the judicial board considers that the court, guided by article 52 of the Criminal Code, reasonably concluded that the correction and re-education of A. perhaps without isolation from society and imposed restrictions on his freedom. Based on the above, the judicial board for criminal Cases of the Supreme Court upheld the judicial acts of local courts against A. The protest of the Prosecutor General of the Republic of Kazakhstan was left without satisfaction.
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