The subject of dispute in this case is the appeal of the appellate court’s verdict regarding a person accused of committing crimes under Part 3 of Article 152, Part 1 of Article 301, and Part 1 of Article 301-1 of the Criminal Code of Ukraine.
The Supreme Court partially satisfied the cassation appeals of the convicted person, his defender, and the victim, amending the appellate court’s verdict regarding the imposed punishment. The court reclassified the actions of the convicted person from Part 3 of Article 152 of the Criminal Code to Part 1 of Article 155 of the Criminal Code, imposing a sentence of imprisonment for a specified term for each crime. The final sentence was determined by absorbing the less severe punishment into the more severe one. The court applied Article 75 of the Criminal Code of Ukraine, releasing the convicted person from serving the primary sentence on probation, establishing a probationary period, and imposing certain obligations on him. The convicted person was released from custody.
The court resolved to amend the appellate court’s verdict in the part concerning the punishment, reclassifying the crime and applying release from serving the sentence on probation.
