Spain should borrow the dusty guillotines from their frog neighbors.
Spain should borrow the dusty guillotines from their frog neighbors.
The Provincial Court of Almería has sentenced HB, the 27-year-old young man who sexually assaulted and tried to kill a woman who identified herself as a Civil Guard agent before her attacker, to 23 years and ten months in prison after he entered in his apartment, located on the coast of Roquetas de Mar. The ruling, against which it is possible to challenge , condemns the defendant to 22 years and four months in prison for a crime of aggravated burglary in a media contest with the crime of sexual assault with penetration aggravated by the use of a weapon , and the crime of attempted murder . It also imposes a nine-month fine
at a rate of six euros a day for these events and prohibition of approaching the victim within 500 meters and communicating with the same for a period of 20 years. In the same way, he adds another ten years of probation and sentences him to a year and a half in prison for attacking the agents who detained him after being caught naked on the woman on a beach in the municipality.
The Second Section considers it proven that the defendant, when he was 25 years old on March 1, 2020, went to the victim's home, whom he knew superficially for having stalked her the previous afternoon, at around 2:00 a.m. with what " using a concrete block"He broke a glass to open the door of the house, which he entered.
After holding a knife , the man went to the room where the victim slept, although she woke up and when she saw him ," he stopped him and identified himself in loud voice as an agent of the Benemérita . "The defendant, ignoring said condition and with the intention of undermining her physical integrity , pounced on her and threatened her with the knife with expressions such as" shut up or I'll kill you . "
The woman identified herself in several times as an agent of the authority to leave, which was ignored by the accused, who threatened to kill her if she did not shut up beforeSexually assaulting her on the bed , where he continued to beat her and where he came to press her neck "until she was momentarily breathless . "
When the defendant got out of bed, the victim took the opportunity to flee the house due to the hole that it had caused, without succeeding when she was hit by her attacker , who grabbed her by the hair and led her to a nearby beach where he exhibited her a small razor and threatened her again and immediately covered her mouth and nose with sand "so she wouldn't breathe . "
It was finally two uniformed officers and commissioned to appear at the scene of the events whoThey surprised the assailant naked on the victim , although he ran away, although they were able to catch up with a few streets. Despite his arrest, the defendant maintained a violent attitude , threw stones at the officers and one of them hit him with his elbow.
During the trial, which was held behind closed doors, the defendant assured that at the time of the events he was "plastered" , although he also said he did not remember anything because he was under the influence of alcohol ; a version that the court dismisses based on the contributions of the witnesses as well as their behavior, since after being arrested for the first time "he managed to get rid of the handcuffs, jumped over the barbed wire and fences"and he threw stones at one of the officers, "which shows that his intellectual and volitional faculties were unscathed ."
On the other hand, it values the version "clear, persistent and identical in time without variation" offered by the victim at different moments of the process, with a "credible and persistent testimony in the incrimination" in the opinion of this court, which is supported also in the agents who arrested the accused, who was surprised by them when he tried to sexually assault the girl again.
Added to this are the DNA analyzes that corroborate the victim's version, since organic remains were found in the sheets and other clothesAlthough the alleged knife used in the attack could not be analyzed since, although it was found at the scene, it had been washed .
Regarding the intention to end the woman's life , the Second Section concludes that there was an 'animus necandi' on the part of the aggressor, beginning with his manifestations in which he clearly told her that he wanted to "kill" her .
" Not only did he attack her inside the house, leaving her apnea , but, in an immediate sequence, he grabbed her by the hair and dragged her out of the house., continued with his intention, not only to sexually assault her, but to end her life, for which he beat her with extraordinary violence , "the text determines.
In addition to the custodial sentences, the Court imposes the defendant to pay compensation of 52,129.18 euros , plus the legally stipulated interest, and will also compensate the agent who was attacked in the amount of 150 euros.
The Provincial Court of Almería has sentenced HB, the 27-year-old young man who sexually assaulted and tried to kill a woman who identified herself as a Civil Guard agent before her attacker, to 23 years and ten months in prison after he entered in his apartment, located on the coast of Roquetas de Mar. The ruling, against which it is possible to challenge , condemns the defendant to 22 years and four months in prison for a crime of aggravated burglary in a media contest with the crime of sexual assault with penetration aggravated by the use of a weapon , and the crime of attempted murder . It also imposes a nine-month fine
at a rate of six euros a day for these events and prohibition of approaching the victim within 500 meters and communicating with the same for a period of 20 years. In the same way, he adds another ten years of probation and sentences him to a year and a half in prison for attacking the agents who detained him after being caught naked on the woman on a beach in the municipality.
The Second Section considers it proven that the defendant, when he was 25 years old on March 1, 2020, went to the victim's home, whom he knew superficially for having stalked her the previous afternoon, at around 2:00 a.m. with what " using a concrete block"He broke a glass to open the door of the house, which he entered.
After holding a knife , the man went to the room where the victim slept, although she woke up and when she saw him ," he stopped him and identified himself in loud voice as an agent of the Benemérita . "The defendant, ignoring said condition and with the intention of undermining her physical integrity , pounced on her and threatened her with the knife with expressions such as" shut up or I'll kill you . "
The woman identified herself in several times as an agent of the authority to leave, which was ignored by the accused, who threatened to kill her if she did not shut up beforeSexually assaulting her on the bed , where he continued to beat her and where he came to press her neck "until she was momentarily breathless . "
When the defendant got out of bed, the victim took the opportunity to flee the house due to the hole that it had caused, without succeeding when she was hit by her attacker , who grabbed her by the hair and led her to a nearby beach where he exhibited her a small razor and threatened her again and immediately covered her mouth and nose with sand "so she wouldn't breathe . "
It was finally two uniformed officers and commissioned to appear at the scene of the events whoThey surprised the assailant naked on the victim , although he ran away, although they were able to catch up with a few streets. Despite his arrest, the defendant maintained a violent attitude , threw stones at the officers and one of them hit him with his elbow.
During the trial, which was held behind closed doors, the defendant assured that at the time of the events he was "plastered" , although he also said he did not remember anything because he was under the influence of alcohol ; a version that the court dismisses based on the contributions of the witnesses as well as their behavior, since after being arrested for the first time "he managed to get rid of the handcuffs, jumped over the barbed wire and fences"and he threw stones at one of the officers, "which shows that his intellectual and volitional faculties were unscathed ."
On the other hand, it values the version "clear, persistent and identical in time without variation" offered by the victim at different moments of the process, with a "credible and persistent testimony in the incrimination" in the opinion of this court, which is supported also in the agents who arrested the accused, who was surprised by them when he tried to sexually assault the girl again.
Added to this are the DNA analyzes that corroborate the victim's version, since organic remains were found in the sheets and other clothesAlthough the alleged knife used in the attack could not be analyzed since, although it was found at the scene, it had been washed .
Regarding the intention to end the woman's life , the Second Section concludes that there was an 'animus necandi' on the part of the aggressor, beginning with his manifestations in which he clearly told her that he wanted to "kill" her .
" Not only did he attack her inside the house, leaving her apnea , but, in an immediate sequence, he grabbed her by the hair and dragged her out of the house., continued with his intention, not only to sexually assault her, but to end her life, for which he beat her with extraordinary violence , "the text determines.
In addition to the custodial sentences, the Court imposes the defendant to pay compensation of 52,129.18 euros , plus the legally stipulated interest, and will also compensate the agent who was attacked in the amount of 150 euros.
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