The defendant, aware that his action was prohibited, unlawfully carried firearms and ammunition, contrary to Article 33, paragraph 1 in conjunction with Article 4, paragraph 3, item 1 of the Law on Weapon. He carried a semi-automatic short firearm in a public place – a Crvena zastava pistol, model 70, 7.65 mm caliber, serial number 111203, with seven 7.65 mm caliber rounds and on 12 January, around midnight, shoot at the catering facility “Prag”, and on 21 February, around midnight, carry it with him while he was in the catering facility “Moda”, committing a continuing criminal offence of unlawful possession of weapons and explosive substances referred to in Article 403, paragraph 1 in conjunction with Article 49, paragraph 1 of the Criminal Code of Montenegro. The court sentenced him to a prison sentence for a term of 1 (one) year and 6 (six) months, which includes the time spent in custody from 21 February 2017 at 00:20. Defendant A. P. exercised his legal right in the pre-trial proceedings and defended himself by remaining silent, while at the main trial he admitted that he had committed the act for which he was charged and his guilt.

Having in mind the purpose of sentencing, in deciding on the sentence the court has, in terms of Article 42, paragraph 1 of the Criminal Code of Montenegro, assessed all the circumstances that affect the sentence to be less or more severe. Thus, on the part of the defendant, mitigating circumstances were found in his personal and family situation, i.e., the fact that he was unemployed, poor and father of two children, while aggravating circumstances were identified in his earlier life, i.e., his previous multiple convictions for similar criminal offences listed in the disposition of the judgment, which was determined from the criminal records of the Ministry of Justice KE 577/2017 of 31 March 2017, as well as in the circumstances under which the subject criminal offence was committed, i.e., the fact that the defendant was carrying a weapon in a public place, shot from it on the first occasion, and carried it ready for use. Accordingly, assessing the above circumstances, pursuant to Article 36 of the Criminal Code of Montenegro, the court sentenced the defendant to a prison sentence for a term of one year and six months, finding that it was necessary and proportionate to the gravity of the crime and the personality of the defendant as the perpetrator, who, despite the fact that he had previously been convicted of the same criminal offence and despite being aware that he committed a prohibited activity that constituted a criminal offence, nevertheless decided to carry a weapon in a public place, from which it can be concluded that the previous prison sentences imposed on the defendant did not sufficiently affect him or achieve their purpose. For the above reasons, the court finds that only such a prison sentence will sufficiently affect the defendant not to commit criminal offences in the future, influencing others not to commit criminal offences as well, which will successfully achieve the goals of both special and general prevention, and thus the purpose of punishment referred to in Article 32 of the Criminal Code of Montenegro within the general purpose of prescribing and imposing criminal sanctions referred to in Article 4, paragraph 2 of the Criminal Code of Montenegro.