3. Criminal Department 2020/4563 E. , 2020/8694 K.
“Text Of Jurisprudence”
COURT : Criminal Court of First Instance
OFFENSE : Wounding with intent
SENTENCE : Conviction
The decision given by the local court is appealed and the documents are read;
It was discussed and considered as necessary:
1) Determination of extra punishment by applying Article 86/3-a of TCK No. 5237 about the accused, considering the defendant’s action as a deliberate injury against the spouse in the face of the understanding that the participant and the defendant were divorced on 11.03.2015, they were not officially married spouses at the date of the crime,
2) 86/2 of the TCC about the defendant due to the fact that the defendant committed his act with the car counted as a weapon in accordance with Article 6/1-f-4 of the TCK. failure to observe that the basic penalty to be determined in accordance with article 86/3-e should be increased by half in accordance with Article 86 due to the use of weapons in the incident,
Since the appeal requests of the accused were considered in place as of this moment, the decision was taken for these reasons in accordance with Article 33 of Law No. 6723. 8/1 of the Law No. 5320, amended by its article. article 321 of CMUK No. 1412, which is in force with Article. it was unanimously decided on 06.07.2020 that the VIOLATION in accordance with the article and the consideration of the defendant’s acquired right in accordance with CMUK 326 / last article would be overturned