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He was released from prison after being convicted of child pornography after a reduced sentence

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Αποφυλακστ&eta ;κε καταδικασθεΙς για παιδικor π and omicron;

Reduction of the 30-month prison sentence for offenses related to the possession of child pornography, to the one the 53-year-old has served so far, and his immediate release, the Supreme Court ruled, stating that, as noted by the Court of First Instance, the circumstances of the case were "special" , in favor of the appellant and this particular case should have been distinguished from others of its kind, and a more lenient sentence should have been imposed.

Specifically, the Supreme Court, in its recent decision, ruled that the 30-month prison sentence imposed in September, "is considered manifestly excessive and therefore the intervention of the Court of Appeal is justified". "The prison sentence that Ephesian has served to date, constitutes an appropriate punishment and we reduce the imposed prison sentence to such an extent that he will be released immediately," the decision states.

Regarding the reason for appeal, that incorrectly the trial Court did not suspend the prison sentence, the Supreme Court states that they find no scope for their intervention in the decision of the trial Court not to suspend the sentence.

As reported, the appellant had in his account on an electronic messaging platform, "two photos which depicted a simulated/planned (not real) minor girl engaging in a simulated (not real) sexual act". As recorded in the first instance decision "The photos in question are artificially created without showing real persons", it is stated.

In relation to these two photos, "which cause disgust", it is noted, the 53-year-old faced before the Larnaca District Court two accusations which he immediately admitted. Both relied on Articles 2 and 8(1) (6) of the Prevention and Combating of Sexual Abuse, Child Sexual Exploitation and Child Pornography Law of 2014, Law 91(I)/14.

It is noted that the sentence imposed on 15.9.2022, in the first category, was 30 months of immediate imprisonment, which the appellant with two grounds of appeal "considers manifestly excessive, excruciating and unfair". A third ground of appeal was noted, which concerns the decision of the Court of First Instance not to suspend the imposed prison sentence.

It is reported that, in the context of personalizing the sentence, the Court of First Instance took as mitigating factors in favor of the appellant his clean criminal record, his immediate admission, and the "special" circumstances of the case "and in particular the fact that the case against the defendant concerns the storage of only two files".

The Court notes that, as stated, the two photographs did not depict an actual minor child nor an actual sexual act but he does not disagree "how even such photographs can make the offense of possession of child pornography extremely serious". But, in this case, it is added, "the above mitigating factors in combination with the fact that the appellant never disposed of, exchanged or sent the specific two photographs, as stated by his learned counsel in the first instance proceedings and was not disputed, justified a further deduction in the penalty».

It becomes clear, however, that with the decision in question, » a new judicial trend is not created in terms of dealing with offenses of this nature». The principles, which have been established by our rich Jurisprudence, remain, states the decision.

Source: KYPE

Source: www.sigmalive.com

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