The Provincial Court of Guadalajara has condemned to fifteen years of jail for a crime of Murder with alevosía to LMLM, the defendant of stabbing that ended the life of MS on June 15, 2024, in the Alamín de Guadalajara neighborhood.
This has been issued by the Provincial Court after EThe popular juror The defendant will declare on April 25, as reflected in the sentence collected by Europa Press.
In concept of civil liability The accused is condemned to compensate GS and VC, brothers of the deceased, in the amount of 20,000 euros to each.
In addition, the soil fertilizerfor the fulfillment of the prison sentence, of the entire time of deprivation of liberty that he has suffered because of this cause, since June 19, 2024, which was arrested, being in Provisional prison Since June 20, 2024. The situation of provisional prison of the convicted person already agreed to the firmness of this resolution is maintained.
Against the sentence fits Appealbefore the Civil and Criminal Chamber of the Superior Court of Justice of Castilla La Mancha, within ten days.
Proven facts
He Fiscal Ministryin their Conclusions definitive, qualified the facts referred to in this procedure as legally constitutive of a crime of Murder with alevosía, request that the Penalty of 25 years in prison.
For its part, the defense of the defendant requested that the facts be qualified as a crime of reckless homicide And, more subsidiarily as a crime of homicidewith the exemption of having acted in a state of poisoning Full by the consumption of alcoholic beverages, toxic and narcotic drugs and also, requested that the mitigating man had to have acted by outburst, obcecation or other passionate state.
Prior to this judgment, the Jury Court of declared proven that at 11.00 on June 15, 2024, he was giving blows to the window of the gray Honda Civic car owned by LMLM, who, who “With the intention and purpose of ending life” From the victim or “being aware that it was very likely that with his action he could cause death, he nailed a white weapon under the right clavicle causing him a wound, crossing his right lung, which caused death.”
The jury court also understood that LMLM, to the White weapon To more, “he acted in a surprising way, without a word, firmly and strongly, leaving the portal and approaching unexpectedly, suddenly and in the back to more, without him having the opportunity to repel the aggression or oppose effective defense of his person.”
Like this court, he also declared unanimously, that the “malicious” MS occurred with alevosía, while the act of killing “was verified surprisingly, without a word, with firmness and forcefully, leaving the accused of the portal and” approaching unexpectedly, suddenly and in the back to more. “
In reference to Recording video of the facts that the police were given by a person who preferred to remain anonymous and that a feacious evidence was considered in the view, the jury also appreciated that the accused “is directed with decision to the victim, without mediating word, directly and without a height, producing the stabbing that is qualified in the autopsy report as very powerful, being clear that he had no possibility of defense.”
In addition, according to the judgment of hearing, the assessment by the jury of the alevosía in the homicidal Iter is correct in view of the Testing, documentary and expert test Practiced on the circumstances in which the author developed the deadly attack on MS, because “he made it make sure that the assaulted had no possibility of reaction, at which time a very harmful weapon nails.”
The sentence also includes that “These facts unequivocally configure the factual budget of the alevosía in their modality of sudden, unforeseen and fulminating attack that eliminates any possibility of defense of life, so that the fact must be qualified as a juicy murder,” discarding the homicide and reckless homicide alleged by the defense with a subsidiary character.
The crime of murder entails penalties that can range from 15 to 25 years in prison. However, according to the judgment, “since no aggravating or mitigating circumstance has been appreciated, the penalty to be imposed must take into consideration of article 66.1.6 of the Criminal Code, which states that the penalty will be imposed on the extension that is deemed adequate, in response to the personal circumstances of the criminal and the greatest or lesser severity of the fact.”
Consequently, according to the sentence, “it is considered that it is considered to impose the Penalty of 15 years, the minimum set for the crime, attending to only nailed the knife on one occasion.
