He was sentenced to life imprisonment and final imprisonment by partial addition of punishments for a combination of crimes for premeditated murder with the aim of premeditated unlawful killing.
The court imposed the correct punishment in accordance with the requirements of the law, taking into account the nature and degree of public danger of the crime, mitigating and aggravating its punishment and responsibility. By the verdict of the specialized interdistrict criminal Court of the Aktobe region dated August 15, 2012: K., previously convicted, was sentenced on 06/14/2007 to 1 year in prison under paragraph "b" of part 2 of Article 175 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code). On 10/29/2009, he was convicted under paragraphs "a, b" of part 2 of Article 175, part 1 of Article 178 of the Criminal Code to 4 years of imprisonment. Part 1 of art. 96 of the Criminal Code to 12 years of imprisonment, part 2 of art. 125 to 10 years of imprisonment from paragraph "a", part 2 of art. 120 to paragraphs "a, b" to 9 years of imprisonment, part 2 of art. 175 to paragraph 2 sentenced to imprisonment for up to a year, life imprisonment paragraphs "c, d, w, k, n" of part 2 of Article 96, life imprisonment in accordance with part 4 of Article 58 of the Criminal Code by partial addition of punishments for the totality of crimes. By the verdict of the Mugalzharsky District Court No. 2 dated October 29, 2009 to the final serving of K. The sentence was imposed in the form of life imprisonment with the serving of a special regime sentence by including a partial 1 year of the unserved part of the imposed sentence. According to Part 6 of Article 48 of the Criminal Code, the first 5 years of K.'s imprisonment are fixed in the form of serving his sentence in prison. According to Part 1 of Article 13 of the Criminal Code, K.'s actions are recognized as a recidivism of a crime. According to paragraph "d" of Part 1 of Article 88 of the Criminal Code, K. was prescribed compulsory treatment for alcoholism at the place of serving his sentence.
He was sentenced to life imprisonment and final imprisonment by partial addition of punishments for a combination of crimes for premeditated murder with the aim of premeditated unlawful killing.
Also convicted by this verdict were N., Zh. and E. By the court verdict of June 7, 2009, K., along with his brothers N., Zh. and E., drinking alcoholic beverages on the shore of Lake Shalkar, K. called his friend N. on his mobile phone and, with his consent, they all drank alcoholic beverages together. Then K. and N. quarreled with each other, a conflict arose between them, and K. With the aim of killing N., i.e. After intentionally unlawfully murdering another person, with a bottle of beer drunk on the spot, he hit N. several times on the right cheek until the bottle broke, breaking the temporal process of the right cheekbone, causing moderate damage to health. Finally, K. N. was grabbed by the hair, dragged into the lake, hid his head in the water, strangled and deliberately killed, hiding the corpse among the Reeds. In addition, on June 9, 2009, K. and the convicts in this criminal case, N., Zh. and E., driving by car, he saw S. on the side of the road, who was drinking alcoholic beverages, got into the car and drove to the shore of Lake Shalkar. While drinking alcoholic beverages, S., being in a state of strong alcoholic intoxication, lay on the ground with a meat grinder and fell asleep, in order to wake up K. S. with a knife that was not revealed by the preliminary investigation, he hid once or twice in the pelvic area of the latter, causing him bodily injuries. At that moment, next to Zh., K., S. was very afraid for his actions, that is, they thought that if he contacted law enforcement agencies, everyone would be convicted. However, such a terrible panic by N., E. did not occur to K. In the end, in order to intentionally unlawfully kill J. another person, having committed a separate act, fell asleep unconscious and lay helpless, S. was wounded in the throat by an unidentified investigation with a knife, cut off his head from his body and deliberately killed.
Then the four of them buried him in the ground. Two days later, when there were many people at the burial site, four of them dug up the corpse, loaded it into a car and drove it to a depression on the 2nd kilometer of the Shalkar-Bozoi highway, on the flat steppe to the left and buried it again. In addition, on June 12, 2009, four men K. Zh., N. and E. drank alcoholic beverages near the Bakarys cafe. At that time, seeing a passerby, Zh., K. proposed to N., Zh. and E. next to him to rape him. In the end, being a group of people with whom he colluded, the four raped him and agreed to have sexual relations. Then four men grabbed and threatened to kill Zh., abducted him and took him by car to a field. There he was beaten by four men, raped in turn and had sex. After that, K. and Zh. repeatedly, teaming up with N. and E., were a group of people who colluded, with particular cruelty, in order to conceal another crime, deliberately killed Zh. who was in a helpless state, buried his corpse, covered it with dead grass, filled it with gasoline and burned it. In addition, K. On February 11, 2012, he was found guilty of breaking into the window of the secluded cafe, illegally entering the cafe and secretly stealing a tape recorder worth 8,500 tenge and a hand lamp worth 1,500 tenge. By the decision of the appellate and cassation judicial boards of the Aktobe Regional Court, the verdict of the court remained unchanged. The condemned K. I disagree with the court's rulings in the Supreme Court's application to the supervisory judicial board, and has nothing to do with the crimes mentioned in the verdict in 2009. He noted that after he lifted the roof over the wall of this house, he drank vodka and got very drunk himself. Next to him, J. put him in the car while he was sleeping and took him home, so he did not see how he hit the woman. In addition, the same intoxicated woman was hit by a car and killed by J. Only at first she heard from him, did not provide any assistance in burying the corpse and did not make plans to commit a crime. Later during the investigation, police officers stated pressure and a guilty plea, and also pointed to other unsolved crimes. Therefore, taking into account these circumstances, he did not agree with the punishment of life imprisonment, as he had nothing to do with the crimes committed, and asked for a review of the criminal case. The Supervisory judicial Board, having discussed the arguments given in the application, having heard the opinion of the prosecutor with a request to leave the verdict unchanged, left the documents of the case and the court order unchanged on the basis of the following circumstances. The guilt of the convicted S. was investigated in the judicial investigation and fully proved by the court of first instance with an objectively assessed set of evidence.
In particular, the responses of the convicted person as a suspect and accused during the preliminary investigation, protocols of his inspection indicating the scene of the incident, the discovery of human remains indicating the burial sites of the corpse, protocols of identification of victims from his photograph, responses of victims and witnesses, protocols of inspection of the scene, protocols of seizure of physical evidence, forensic, forensic, It is confirmed by the conclusions of molecular geological examinations and other reliable data. K.'s criminal act was committed under part 1 of art. 96, para. "a" of Part 2 of Article 125, paragraphs "a, b" of Part 2 of Article 120, paragraphs "c, d, w, k, n" of Part 2 of Article 96, paragraph 175 of the Criminal Code-correctly differentiated by paragraph "c" of part 2 of the article. Therefore, the punishment of convicted K. was appointed by the court correctly in accordance with the requirements of the law, taking into account the nature and degree of public danger of the crime and the circumstances mitigating and aggravating his punishment and responsibility.
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