The Prison of the Pack condemns for mistreatment a man who tried to strangle his ex-wife | Society



The Second Section of the Provincial Court of Navarre, the same one that dictated sentence in the case of the Pack, has condemned for "occasional mistreatment" a man accused of attempted homicide for attacking his wife with a knife and trying to strangle her in front of his 3 and 6 year old children.

In the sentence, to which Efe has had access and that has advanced the newspaper Public, the aggravating factors of the occurrence of the event in the presence of minors, of having used a knife and of having taken place the event in the common domicile, are considered and are considered mitigating of mental disorder.

For this "occasional abuse", the man is sentenced to 10 months and 15 days in prison and to the payment of an indemnity of 5,150 euros.

The Prosecutor, for an alleged offense of attempted murder, requested a sentence of 8 years and 6 months in prison and a private accusation of 10 years in prison, while the defense requested the acquittal or, alternatively, two years of prison for a crime of injury.

The judges considered proven that, on June 22, 2017, the defendant, who was in the process of divorcing his wife, entered the house, where she resided with her children, and began to dismantle the computer, which generated a strong argument between both.

At one point, the defendant took a 15-centimeter blade from the kitchen and attacked the woman, with whom she struggled, and caused a superficial wound.

When both fell to the ground, the man, placed on the woman, grabbed his neck with his left hand and pressed hard, but stopped doing it to see that she "gesticulating anguished" and lacked air.

The incident was witnessed by the children and at least once the girl shouted to her father: "Leave her, do not kill her!".

In trying to determine the "murderous mood", the judges consider that, having voluntarily withdrawn the accused from his attempt to strangle, the man should be sentenced only for occasional abuse in application of the Penal Code and the jurisprudence that interprets it.

This circumstance, added the judges, exempts him from responsibility for homicide, although the conviction for the injuries produced comes.

In the sentence the man is sentenced to 10 years and 15 days in prison, to the disqualification of parental authority for two and a half years, to the prohibition of approaching the woman or her children or to communicate with them for two years, ten months and fifteen days, and the payment of an indemnity of 5,150 euros.

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