The Prosecutor's Office of Lepel District supported the state prosecution in court under parts 1, 2 of Article 169, and part 2 of Article 343 of the Criminal Code of the Republic of Belarus.
The Prosecutor's Office of Lepel District supported the state prosecution in court under parts 1, 2 of Article 169, and part 2 of Article 343 of the Criminal Code of the Republic of Belarus.
A 22-year-old serviceman of a military unit located in the territory of Lepel District, who had no prior convictions, being a person who had reached the age of eighteen, with criminal intent, intention, purpose, and desire aimed at satisfying his sexual needs and committing indecent acts against persons knowingly under the age of sixteen, using a mobile phone connected to the Global Computer Network Internet as a means of committing the crime, engaged in correspondence of a sexual nature with them, in which he solicited them to display their sexual organs.
The same individual, being a person who had reached the age of eighteen, using the Global Computer Network Internet, and his mobile phone as a means of committing the crime, intentionally produced and stored for the purpose of dissemination video images which, according to the expert's conclusion, relate to pornographic materials, after which he stored them on his mobile phone, and then disseminated them to persons knowingly underage.
The accused N. fully admitted his guilt in committing the crime imputed to him during the court hearing.
Circumstances mitigating responsibility recognized by the court include the accused's sincere remorse for the committed crimes, the presence of a minor child dependent on him, as well as voluntary surrender regarding part 1 of Article 169 of the Criminal Code.
The court attributed to the circumstances aggravating responsibility under part 2 of Article 169 and part 2 of Article 343 of the Criminal Code the commission of crimes by a person who had previously committed a crime, if the statute of limitations has not expired or the criminal record for the preceding crime has not been expunged or removed.
Taking into account the position of the state prosecutor, based on part 1 of Article 169 of the Criminal Code of the Republic of Belarus, the court imposed a sentence of imprisonment for a term of one year.
Under part 2 of Article 169 of the Criminal Code, the court imposed a sentence of imprisonment for a term of three years.
Under part 2 of Article 343 of the Criminal Code, a sentence of imprisonment for a term of two years was imposed.
In accordance with part 2 of Article 72 of the Criminal Code, for the totality of crimes, by absorbing the less severe punishment
The punishment in the form of imprisonment for a term of three years has been finally determined to be more severe.
In accordance with Part 1 and Part 2 of Article 78 of the Criminal Code, the court has ruled not to execute the imposed punishment of imprisonment, provided that the offender does not commit a new crime within the two-year probationary period and fulfills the obligations imposed by the court.
The mobile phone, which was used as an instrument for committing the crimes, has been confiscated for the benefit of the state.
The court's sentence has entered into legal force.
Senior Assistant Prosecutor
of Lepel District K.V. Grishkevich