II K 148/22
AI generated
Court convicted defendant of theft under lesser weight clause and sentenced to fine for property damage.
Legislator summary
AI generatedThe court convicted the defendant of theft and imposed a fine of 100 daily rates. The prosecution argued the defendant stole boat supports causing 2000 PLN in damages, while the defense claimed it was a minor incident. The court found the facts proven and applied the lesser weight clause due to the specific circumstances, rejecting any request for dismissal.
Legislator headnote
AI generatedArt. 278 § 1, 3 kk; Art. 33 § 1, 3 kk: The court may convict for theft and apply the lesser weight clause when the social harm is limited, resulting in a reduced penalty such as a fine.
Keywords
AI generated
theft lesser weight
property damage compensation
criminal fine sentencing
recidivism consideration
procedural costs award
Cited Legislation
AI generatedArt. 278 § 1 kk
Art. 278 § 3 kk
Art. 33 § 1 kk
Art. 33 § 3 kk
Art. 53 kk
Art. 627 k.p.k.
art. 387 k.p.k
Related Decisions
AI generatedVII K 124/21
Court convicted defendant of theft with limited culpability, imposing suspended sentence and civil compensation.
II K 1010/21
Court imposed a fine and compensation for property damage, dismissing the request for suspended imprisonment due to minor nature.
II K 820/15
Court convicted defendant of theft and imposed community service with partial civil compensation.
II K 558/20
Court convicted two defendants of theft and suspended sentences for one due to remorse and stable life.
II K 743/19
Court convicted defendant of theft and burglary, sentencing to one year imprisonment with mandatory detention offset.