Man systematically beat and threatened his mother – appellate court found the first instance punishment too lenient
The Khmelnytskyi appellate court satisfied the prosecutor's appeal and increased the punishment of the man whom the court of first instance found guilty of domestic violence against his mother.
Circumstances of the case
As established by the appellate court, for a long time a resident of Khmelnytskyi district systematically committed psychological violence against his mother: insulted her with obscene language, humiliated her, and threatened physical harm.
Only during 2023–2024, he was brought to administrative responsibility 15 times for domestic violence and 4 times to criminal responsibility for violating a restraining order.
The Khmelnytskyi city district court found the accused guilty under Article 126-1 of the Criminal Code of Ukraine (domestic violence) and sentenced him to 2 years of restriction of liberty.
The prosecutor appealed the verdict regarding the imposed punishment, requesting its increase. In his opinion, the local court did not fully consider the nature and duration of the accused's unlawful behavior, his personality, and unjustifiably did not apply the legally prescribed restrictive measures to protect the victim.
What the court decided
The appellate court agreed with the prosecutor's arguments: the punishment imposed on the accused, close to the minimum limit of the sanction of the incriminated article, is too lenient.
The panel of judges noted that the man systematically committed domestic violence against his mother for a long time, and administrative measures had no effect, indicating his persistent disregard for the law and morality, a high degree of social danger, and unwillingness to reform.
The court also noted the negative character reference of the accused at his place of residence, his long-term alcohol dependence, and the conclusion of the forensic psychiatric examination.
Therefore, the appellate court canceled the first instance court verdict regarding the punishment and issued a new one, setting the final punishment as 3 years and 6 months of restriction of liberty.
Additionally, based on Article 91-1 of the Criminal Code of Ukraine, the court applied restrictive measures to the convicted person: prohibited contact with the victim via communication and electronic means for three months and sent him to undergo a perpetrator program for three months.
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