By the final judgment of the Appellate Court of Montenegro, the defendant Dragan Kontić from Nikšić was sentenced to a single sentence of 15 years and five months in prison for the murder of Dragoljub Mijušković aka Šmiška on October 1, 2016 in the center of Nikšić.
According to the indictment, the defendant Kontić shot Mijušković, together with the late Peko Đikanović.
In the repeated proceedings, the first-instance verdict was handed down in December last year by the criminal panel presided over by Judge Igor Đuričković at the High Court in Podgorica.
"The High Court of First Instance in a valid manner and in a lawfully conducted procedure determined to certainty all the facts necessary for the correct assessment of the existence of criminal acts and the guilt of the accused", it is stated in the explanation of the judgment of the Appellate Court.
It is added that the defendant Kontić did not dispute before the court that he fired the fatal shots with the late Peko Đikanović.
"It is evident that Mijušković was standing calmly on the street and talking to the witness R. Ž, when Kontić approached him from behind, and the late defendant Peko Đikanović, diagonally from the left side, then fired several projectiles at him at the same time, causing him fatal injuries ", stated in the decision of the Court of Appeal.
It is added that Mijušković did not cause the incident with any movement or gesture.
"The first-instance court's conclusion that in the described delicate situation there was no activity of the injured Dragoljub Mijušković that would have threatened the physical integrity of the accused Kontić and the now deceased Peko Đikanović," states the decision of the Appellate Court.
The Appellate Court of Montenegro previously annulled the first-instance verdict by which Peko Đikanović and Dragan Kontić, in the High Court in Podgorica, were sentenced to 15 years in prison each for the murder of Dragoljub Mijušković on Slobode Square in Nikšić, by firing nine 7,62 millimeter bullets into him. .
In that first-instance verdict pronounced in September 2019, they were also convicted of illegal possession of weapons, so the court sentenced them to single sentences, Đikanović to 15 years and 11 months in prison, while Kontić was sentenced to 15 years and five months. The case was sent back to the High Court for a retrial.
According to the indictment, Đikanović and Kontić killed Mijušković on October 1, 2016, around 10,30:XNUMX a.m. in the center of Nikšić, in front of the "Olimpik" bar.
The accused fired at least nine projectiles from two pistols, Đikanović fired three, and Kontić six, of which Mijušković was hit by seven shots, of which he died on the spot.
The judge said that the court has undoubtedly established that the defendants committed the criminal offense of murder.
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