The defendant arrived at the Hearing with his face fully covered. SCAR THIS
The court reviews the sentence for the crime of sexual assault because it benefits the prisoner, but not for sexual abuse, because the sentence would be higher
17 feb 2023 . Updated at 5:41 p.m.
The Provincial Court of Lugo agreed this Friday to reduce the sentence of a man convicted of raping and assaulting a woman and trying to do it with another. For this reason, he was sentenced in 2015, two years after committing the crimes, to 21 and a half years in prison. After the review of the Hearing, which relies on the entry into force of the new law of only s is sthe punishment will decrease one year, up to 20 and six months.
EBM, was tried for some events that occurred in 2013. According to the sentence that convicted him two years later, he assaulted and raped the worker of a local hotel in Lugo and tried to do the same, without success, with another woman who he was getting into his car, both wielding a knife and with a violent attitude. He was convicted of five crimes: sexual assault, sexual abuse, robbery with violence, robbery with intimidation and injuries.
More than 20 years in prison for the man who raped a Lugo hotel
Assaulted and raped the worker of a local hotel
The first of the attacks took place at dawn on March 15, 2013 inside a pub on Ronda da Muralla. According to the ruling, the defendant entered the establishment, asked the hotelier for the money and then attacked her with an umbrella. He stood behind the bar, force-fed her alcohol, and then forced her to.
After forcing me to drink and bottled myself, that’s when he made me drop my pants and take off my underwear. At another time he told me: Don’t look at me, I’ll kill you. I saw myself dead!came to say the victim in his statement at trial.
He tried to repeat the act with another woman, without success.
The second woman he tried to attack was trying to take the car that he had in the vicinity of the Plaza de Abastos. She introduced herself to the defendant and asked him for money. In the sentence, it was considered proven that the convicted person entered the car and, threatening her with a knifeHe forced her into the passenger seat. Then, he began to grope her and tried to abuse her, but the woman managed to open the door and jump out of the moving car. Shortly after, he was arrested by the National Police and entered prison.
The condemned, who accumulates a long criminal record and sentences of more than ten years in prison Due to previous causes, it has benefited from the new regulations thanks to the modification of the penalty ranges for the crime of sexual assault. It is this infraction that the Court has taken into account for the reduction.
The more I told her that she wasn’t a prostitute, the angrier she became.
X. F.
The average penalty for the crime of sexual assault continues to be applied, which is lower with the new law
According to the letter published this Friday by the Superior Court of Justice of Galicia (TSXG), the court values that the average penalty of the fork in force before the entry of the new law was imposed (nine years in a range of six to twelve). Therefore, with the new range, if the penalty located at the midpoint between the minimum and the maximum is imposed again, it must be reduced by one year. (eight years in an interval of four to twelve).
Having lowered the minimum from six to four years, the Court chooses to apply the midpoint of the fork, as was done in the first sentence. Before, the midpoint was nine years. Now eight.
It is an unusual case as far as sentence reviews are concerned, since, Usually, these reductions occur in cases in which the defendants have been sentenced to the minimum sentence. of crime, not average. For this reason, when coming down with the new law in some cases, his punishment is also lowered.
They do not review sexual abuse because the penalty will be greater
Another curious detail is that the Lugo Court has not accepted all the requested revisions. In the case of the crime of sexual abuse for which he was also convicted, they argue that there is no possibility of a reduction, since the sentence that should be imposed on it would be greater with the law of only if it is s. From two years, it would go to two and a half, for which they allege that it would harm the prisoner.
Once again, a court accepts a sentence review in the event that the prisoner’s punishment is reduced, but rejects it in the event that the new law increases the years of sentence.
In addition, the signatory magistrates of the resolution clarify that if the application of the new criminal regulation is chosen, it must be applied in its entirety, in the favorable and in the unfavorable, not fitting, of course, a divided application, for what the measure of freedom supervised(which will be executed after the custodial sentence) for a period of seven years and thespecial disqualification for any profession, trade or activities, whether or not paid, that involve regular and direct contact with minors, for a period of twelve years.