Attempted burglary with ineffective tool results in attempted theft conviction with mitigated sentence for one defendant.

The court convicted three defendants of attempted burglary but found the metal pipe used by one defendant insufficient to breach the cardboard-gypsum board, classifying the act as an attempt under Polish law. While all three were found guilty, the court applied extraordinary leniency to the third defendant, M.R., due to his prior criminal record and the specific circumstances of the case. Consequently, M.R. received a heavier sentence of ten months compared to the six months given to the others, while also ordering community service for all.