For the commission of crimes of fraud and robbery by conspiracy of a group of people several times, the court imposed a penalty below the minimum limit provided for
Auezovsky District Court of Almaty, presiding judge Duanbekova K. K., state prosecutor-Prosecutor A. Bakashbayev, victims: Sh.E.Y, A. Sh, A. S. P, M. A, defense lawyers: G. Sarzhanov, N. Amangeldy, defendants: B. S. O and K. B. I. at an open court session, in general, using audio and video recording tools, considered a criminal case in electronic format, according to which: IRB, April 13 born in 2003 in Turkestan Region, Secondary Education, unmarried, unemployed, residence address Turkestan region, Saryagash District, village, M. A Street, house No. 8, preventive measure – "personal surety" was applied, received a copy of the indictment on time, was charged to the court with paragraph 2) of Article 3 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code), paragraph 1) of Article 2 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code), OBS, born on August 23, 2002 in Turkestan Region, Secondary Education, unmarried, unemployed, residence address Turkestan region, Saryagash district, village zh, Street a, house No. 4, a preventive measure was applied-"personal surety", received a copy of the indictment on time, filed with the court with an accusation under Paragraph 2) of Part 3 of Article 191 of the criminal code. View 1. On February 27, 2022, at about 19:00, the defendants K. B. I and B. S. O, together with friends named "Genghis Khan" (separated from the criminal case against him), who were not identified during the investigation, visited the park of Lake Sairan, located in Almaty, at the intersection of Abay Street and Otegen batyr streets, and saw a minor S. walking opposite them. At that time, the three K. I, B. o and "Genghis Khan" conspired in advance, threatening the life and health of the victim with the use of non-hazardous force, and there were criminal thoughts of open embezzlement of other people's property. In order to carry out their criminal actions, K. B. I, B. S. O and a guy named "Genghis Khan" stopped the minor victim S., demanded to give her a mobile phone and valuables, said that they would use force in case of non-transfer, and in their criminal roles "Genghis Khan" demanded that the minor victim S. S. use 5000 tenge in cash, a mobile phone brand "Aphone 11" worth 300,000 tenge, a mobile phone worth 10,000 tenge, a mobile phone worth 10,000 tenge, a mobile phone worth 10,000 tenge, a mobile phone worth 10,000 tenge, a mobile phone worth 10,000 tenge, a mobile phone worth 10,000 tenge, a mobile phone worth 10,000 tenge, a mobile phone worth 10,000 tenge, a mobile phone worth 10,000 tenge, a mobile phone worth 10,000 tenge, a mobile phone worth 10,000 tenge, a mobile phone worth 10,000 tenge he took the bag, said that if K. B. I. S. resisted, they would beat him, and threatened him, the Criminal thought brought him to the end, and he left the scene of the crime, creating for his own benefit the things that he had obtained by criminal means.
Thus, with these criminal acts K. B. I, B. S. O and the legal representative of the minor victim S. Y. sh.y.committed the crime specified in paragraphs 1.3 of Part 2 of Article 191 of the Criminal Code of the Republic of Kazakhstan, causing property damage in the amount of 315,000 tenge, robbery, that is, by preliminary collusion of a group of people, threatening the life and health of the victim with non-hazardous force. View 2. The defendants K. B. I and B. S. O on March 01, 2022, at about 21.00, visited the park of Lake Sairan, located in Almaty, at the intersection of Abay Street and Otegen batyr streets, where they saw a minor E. E. T sitting alone in the park. At that time, K. B. I. and B. S. O. conspired in advance, threatening the life and health of the victim with the use of non-hazardous force, and there were criminal thoughts of open embezzlement of other people's property. In order to carry out criminal acts, a minor victim of K. B. I and B. S. O went to E. E. T., demanded to give her a mobile phone and valuables, threatened to use force in case of non-transfer, according to criminal roles, K. B. I. and a minor E. E. T. owned a mobile phone brand "Samsung A11" worth 84,000 tenge, and a mobile phone worth 10,000 tenge, openly embezzled from the scene, created the things obtained by criminal means for their own benefit. With these criminal acts, the minor victim of K. B. I and B. S. O legal representative of E. E. T. A. Sh committed a crime specified in Paragraph 2 of Part 3 of Article 191 of the Criminal Code of the Republic of Kazakhstan, causing property damage in the amount of 94,000 tenge, robbery, that is, repeatedly, by preliminary collusion of a group of persons, threatening the life and health of the victim with non-hazardous force. View 3. The convicts K. B. I and B. S. O on March 05, 2022, at about 23.00, visited a small park located in Almaty, at the intersection of Abylai Khan street and M. Mametova streets, where they saw A. P. resting alone in the park. At that time, K. B. I and B. S. O conspired in advance, threatening the life and health of the victim with the use of non-hazardous force, and there were criminal thoughts of open embezzlement of other people's property. In order to carry out their criminal actions, K. B. I and B. S. O went to the victim A. P., demanded to give his mobile phone and valuables, said that they would use force in case of non-transfer, threatened, in their criminal role, B. S. O seized the mobile phone of the brand "Xiaomi Redmi" worth 82,000 tenge, and K. B. I threatened to "beat him in case of resistance", brought his criminal thoughts to the end and left the scene, they created the things they obtained by criminal means for their own benefit. With their criminal offense acts K. B.I and B. S. O The Victim A. P. committed the crime specified in Paragraph 2 of Part 3 of Article 191 of the Criminal Code of the Republic of Kazakhstan, causing property damage in the amount of 82,000 tenge, robbery, that is, repeatedly, by preliminary collusion of a group of persons, threatening the life and health of the victim with non-hazardous use of force, openly embezzling other people's property. View 4. The defendant K. B. and on March 11, 2022, at about 22.00, together with a friend named "Genghis Khan", was at a bus stop in Almaty, located at the intersection of Abylai Khan street and Gogol streets, and was seen standing alone at the same stop. At that time, K. B. I. and "Genghis Khan" conspired in advance, and criminal thoughts arose about obtaining the victim's mobile phone by deception or abuse of trust. In order to carry out their conceived criminal actions, K. B. I and "Genghis Khan" went to the victim M. A. and asked him to call his mobile phone. At that time, M. A. gave his mobile phone "Vivo E21" worth 140,000 tenge to K. B. I, K. B. I pretended to call on a mobile phone and went to the outskirts, while M. A. Genghis Khan abused his trust and deceived K. B. I and left the scene.
By these criminal offenses, K. B. I. and the victim M. A. "Genghis Khan" committed a crime specified in Paragraph 1 of Part 2 of Article 190 of the Criminal Code of the Republic of Kazakhstan, causing property damage in the amount of 140,000 tenge, fraud, that is, embezzlement of other people's property by preliminary collusion of a group of persons, deception or abuse of trust. View 5. The defendants K. B. I, B. S. O and "Genghis Khan" on March 11, 2022, at about 23:30, were in a small park located at the intersection of Zhibek Zholy and Zheltoksan streets in Almaty and saw A. S. walking opposite them. At that time, K. B. I, B. S. O and "Genghis Khan" conspired in advance, using force that was not dangerous to the life and health of the victim, and the criminal idea of open embezzlement of other people's property arose. In order to carry out their conceived criminal actions, K. B. I, B. S. O and "Genghis Khan" A. S. were stopped, demanded to give their mobile phone, threatened to use force if they did not give it, and for their criminal role, "Genghis Khan" A. S. seized a mobile phone of the brand "Vivo X5" worth 220,000 tenge. And K. B. I and B. S. O. beat the victim A. S., inflicted bodily harm, followed the scene of the crime and used the objects obtained by criminal means for their own benefit. According to the results of the number No. 25-13/986 dated 03/11/2022, assigned to the victim A. Sayanov: bruised wound of the mucous membrane of the lower lip, hemorrhages in the mucous membrane of the upper lip, which may be caused by a blunt solid substance with a limited contact surface, the specified physical injury is not more than 21 days on the basis of a short-term health disorder for the time specified in the nature of the case, "light" harm to health was caused. With these criminal offenses, the victim K. B. I, B. S. O and "Genghis Khan" as committed the crime specified in Paragraph 2 of Part 3 of Article 191 of the Criminal Code of the Republic of Kazakhstan, causing property damage in the amount of 220,000 tenge, robbery, i.e. repeatedly, by preliminary collusion of a group of people, using force that is not dangerous to the life and health of the victim, or threatening the use of such force, openly embezzling other people's property. On all scenes, the victims ' losses were put in place. In the court, the defendant B. S. O. fully admitted his guilt in all four scenes, the defendant K. B. I. replied that the losses caused to the victims were put on the spot, and the victims asked the court not to punish themselves harshly, considering that they had forgiven themselves, had not been in court before. The investigative bodies classified the criminal actions of the defendant K. B. I. with paragraph 1 of Part 2 of Article 190, paragraph 2 of Part 3 of Article 191 of the criminal code. The investigative bodies differentiated the criminal actions of the defendant B. S. O. By Paragraph 2 of Part 3 of Article 191 of the criminal code.
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