Over the course of seven years, Mr. X (the “Accused”) caused substantial physical and psychological suffering to his wife Mrs. Y and his daughter Ms. Z (jointly the “Aggrieved") including strangling, physical assaults, threats of killing, and constant humiliation. Furthermore, the Accused prevented his daughter from entering the apartment, where she lived with her parents. During the main trial, the Accused refused to testify and so did the Aggrieved Persons. However, the Court disposed of witness testimonies of the Aggrieved Persons provided at the preliminary hearing, according to which the spouses had permanent conflicts due to the alcoholism of the Accused. An expert opinion confirmed that the Aggrieved Persons had suffered from battering. The court found the Accused guilty of the criminal offence of battery of a close relative and entrusted person pursuant to Section 215 (1a) of the former Criminal Code and sentenced the Accused to imprisonment for a term of 2 years. However, pursuant to Section 58 (1a) and Section 59 (1) of the former Criminal Code, the court suspended this sentence for a probationary period of 3 years.
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