One man was sentenced by the district court for murder to 13 years in prison.
The other man was sentenced by the district court for aggravated assault to 3 years in prison.
The district court sentenced another man for aggravated assault and one man for aiding and abetting assault.
Appealed
The prosecutor appealed the verdict and wanted the man who was convicted of aggravated assault to be convicted of murder instead.
The two men who appealed the verdict wanted the Court of Appeal to convict them of assault instead of murder and aggravated assault, respectively.
Unlike the district court, the Court of Appeal has concluded that none of the men can be convicted of murder.
The Court of Appeal states in the judgment that the prosecution for murder in this case is based on the prosecutor being able to prove that it was precisely the perpetrator that the prosecutor claims who handed out the stabbing.
- Since the prosecutor has not succeeded in proving that it was the man who the prosecutor pointed out and not any other of the accused men who handed out the stabbing, no one can be convicted of murder, says Court of Appeal President Erik Sundström in a press release.
Could not defend himself
The Court of Appeal, on the other hand, has considered that it has been proven that the two men were guilty of assault.
It is for that act that the two men have now been convicted.
The assault has been aggravated as the two men, together with a third who was convicted by the district court for aggravated assault, showed particular ruthlessness and rudeness.
The men have planned the assault in advance and there have been three people who handed out kicks and blows to a person who was completely taken by surprise and lacked the opportunity to defend himself.