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05.10.2013 at approximately 8 hours. 30 min. the convict G., being on the second floor of the shop no. 2 of the sack sewing section of the production area of the Bila Tserkva Correctional Colony no. 35, on the grounds of suddenly arising hostile relations with the convict K, which arose after a verbal altercation between them, in order to inflict grievous bodily harm on the latter, he took a metal pipe from the toilet room of workshop no. 2, wrapped it in a rag and went to the storeroom no. 1 of workshop no. 2, where he deliberately inflicted it on the victim, who was sleeping on a rack for stacking bags in this storeroom, a blow with a metal pipe to the head, after which the victim woke up and put his left hand in front of him, covering his head, and the accused struck him again with a metal pipe to the lower forearm of his left hand.
All the injuries on the head are assessed in aggregate and are classified as grievous bodily harm, according to the criterion of life-threatening.
The described injuries were caused by blunt objects.
At least 1-2 points of force were found on the victim’s body.
The accused pleaded guilty to the criminal offence and testified that on 05.10. 2013, approximately on the second floor of the workshop No. 2 of the production area of the Bila Tserkva Correctional Colony No. 35, after a quarrel with the convicted victim, he took a metal pipe from the toilet, wrapped it in a rag and went to the storeroom where the victim was lying on a rack for stacking bags and struck the latter several times with the pipe on the head and arm, after which he threw the pipe away and fled.
Pleading fully guilty and not disputing the factual circumstances of the case, the defendant asked the court not to examine the evidence collected during the pre-trial investigation and, after explaining the provisions of Article 349(3) of the CPC of Ukraine, the court had no doubt about the voluntariness and truthfulness of his position.
The victim submitted a statement to the court stating that he had no claims.
The participants in the proceedings did not object to the satisfaction of the accused’s motion, and the court found it inappropriate to examine the evidence regarding the circumstances that were not disputed by anyone.
On the basis of the above, guided by Articles 373-374 of the CPC of Ukraine, the court found G. guilty of a criminal offence under Article 121(1) of the Criminal Code of Ukraine and sentenced him to five (5) years’ imprisonment.
Bila Tserkva City and District Court
Case № 357/18769/13-к
24.02.2015
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