[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

 

[Emblem]

The Judiciary of Islamic Republic of Iran

Court Order

 

Do not follow (your) low desires, lest you deviate

Branch 2 of the Court of Appeal in the Province of Semnan

 

Court Order No.: 8809972315201065

File No.: 8709982313100561

Branch Archival Ref.: 871074

Date of Issuance: 26 Esfand 1388 [17 March 2010]                   

Enclosure: -----

 

Case Ref. 8709982313100561, Branch 2 of the Court of Appeal in the Province of Semnan

Court Order No. 8809972315201065

Appellant: Mr. Ziaollah Motearefi, son of Ramazan-Ali, address [redacted]

Appellee: Water Supply Company in Semnan, represented by Mrs. Diana Naghshbandi [address]

Subject of Appeal: Appeal against court order number 1101001, issued by Branch 101 of the Islamic Public Court of Semnan

Administrative Court:  Branch 2 of the Court of Appeal in the Province of Semnan

Branch representatives: Mr. Rahman Kheirhamedi and Mr. Hosein Asgharzadeh

Procedural Synopsis: On 26 Esfand 1388 [17 March 2010], at a specially designated time, a hearing was held at Branch 2 of the Court of Appeal in the Province of Semnan in the presence of the undersigned and the respected prosecutor.  Subsequent to reviewing the file, the court concluded the session and rendered a decision as follows:

 

Decision of the Court

An appeal has been made by Mr. Ziaollah Motearefi, son of Ramazan-Ali, against court order number 1101001, issued by Branch 101 of the Islamic Public Court of Semnan, whereby the appellant was convicted for [water] usage from a well owned by the Mioun Lobar Company without having a licence, and for breaking the seal on the water meter.  Based on the evidence and pursuant to Article 543 of the Islamic Penal Code, for breaking of the seal, the appellant was sentenced to three months and one day’s imprisonment, and for illegal usage of water, pursuant to Article 45 of the fair distribution of water supplies [act], and in accordance with section 1 of the law of exploitation of government revenue for alternative use, to a monetary fine of 500,000 rials to the government fund, and [was ordered] to restore the [equipment] to its original condition. Considering the totality of documents and evidence in the preliminary file, the process of investigation and routine procedure during the course of the hearing, and that the appellant has not provided adequate reasons for the appeal to merit the revoking of the [original] decision, and [considering that] the basis for the appeal to the court order is not consistent with any of the paragraphs of Article 240 of the Hearing Procedures Act for Public and Revolutionary Courts, and that there were no substantial errors found in the court procedures, [the court hereby] dismisses the appellant’s request for appeal and endorses the suspension of the jail sentence for three years, in accordance with Articles 25, 29, 32, 33, and 35 of the Islamic Penal Code, and imposes a condition of refraining from committal of a similar offence.  This court order is final and binding.

 

Deputy Judge at Branch 2 of the Court of Appeal in the Province of Semnan

Rahman Kheirhamedi

 

Court’s Advisor

Hosein Asgharzadeh

 

[Stamp—Judiciary]

[Signature]

22 Farvardin 1389 [11 April 2010]