3. Criminal Department 2019/16919 E. , 2019/22607 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) In the report dated 15.06.2016 issued by the Eskişehir Forensic Medicine Department on the injury of the participant, “percentage and height (2.) Although there is a possibility that the described injury will cause a permanent scar on the face area, no assessment has been made in this regard, and thus it is understood that the reports on the participant’s injury are not suitable for establishing a verdict, the participant will be referred to the nearest Forensic Medicine Branch with all the treatment documents and reports, after receiving a re-report on the nature of his injury, it is necessary to determine the defendant’s legal status without regard to incomplete examination and establishment of a written judgment based on an inadequate report,
2) According to the doctor’s report and admission in accordance with the formation, file scope, statement of the participant and witness at the stages; incomplete determination of punishment by not applying Article 86/3-e of TCK No. 5237 on the defendant, even if it is fixed that the defendant committed his act with an item considered a weapon by pouring cologne on the participant of the accused and injuring him with a lighter,
Since the reasons for the appeal of the Public prosecutor of that place were considered to be in place as of this moment, the decision was made 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. in accordance with article 10.12.2019 of the WRIT MAY be OVERTURNED in accordance with the writ. it was decided unanimously on the day.
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