Two young men in their twenties, JM and RD, were sentenced respectively to two years in prison and a fine for attack a partner of boys with an iron bar and a helmet for their sexual condition while they were cycling in what the Criminal Court 1 of Cordoba considers to be an injury crime aggravated by a hate crime.
The judgment of conformity in which the two defendants acknowledge the facts considers it established that around 9:40 p.m. on March 28, 2022, the defendants, accompanied by two other unidentified people, were near the commercial establishment, on a street in the neighborhood. capital of Cordoba when they passed there in their respective bikes the injured persons were a couple, a circumstance of which the accused was aware because it was common for they will insult alluding to their sexual condition when they passed precisely by this place, where the accused usually stopped, according to the sentence pronounced to ABC by the TSJA.
The accused, who knew one of the victims through his work as a school bus monitor at an IES, addressed them as “fags”, “come here, fags” on several occasions with the intention of put them down and insult them because of their sexual orientation. Faced with such insults, one of the young people replied “it’s you” and immediately the accused and the two other unidentified people they got into a car and they pursued them.
Shortly after, they caught up with them about 400 meters away in a underground tunnel where the accused JM got out of the vehicle with a biker helmet and the accused Don RD with a iron bar to lower the blinds, to attack the two injured people with these objects while insulting them, alluding to their sexual orientation, treating them fags. Concretely, RD attacked one of the young men on the arm with the iron bar while the other accused JM attacked the second victim with his helmet while the affected people fled the scene, leaving the bicycles, which disappeared . These facts were dismissed.
Following the attack, one of the two young men was injured in the back and left elbow while his partner suffered a cranial contusion from which he took several days to recover. Before the trial, the two defendants had paid one of the victims 500 euros as compensation for injuries and consequences.
Discrimination based on sexual orientation
The first of the accused, RD according to the judgment rendered by the TSJ, was sentenced for an offense of injury under article 147 1° and 148 1° of the CP with the aggravating circumstance of discrimination based on sexual orientation at two years in prison and fine, while the second of the accused was sentenced to a sentence minor injury offense also with an aggravating circumstance of discrimination based on sexual orientation, a fine and compensation to the victims.
The titular judge of Prison 1 of Cordoba also imposed the sentence of prohibition of approach or communication with the victims within a radius of at least 500 meters for three years, the suspension of the prison sentence being conditional on the fact that they no longer commit crimes.
