II K 462/24
AI generated
Court convicted thief of burglary theft and imposed minimum sentence despite mitigating factors.
Legislator summary
AI generatedThe court convicted A.S. of burglary theft and imposed a one-year prison sentence, while ordering K.W. and T.N. to pay restitution. The prosecution argued for a minimum penalty due to the defendant's prior record and drug use, whereas the defense claimed leniency based on confession and family needs. The court rejected the request for extraordinary leniency because the victim's losses were not fully compensated.
Legislator headnote
AI generatedArt. 279 § 1 kk; Art. 63 § 1 kk: Burglary theft requires breaking into a secured place; prior convictions and lack of full restitution preclude extraordinary sentence mitigation.
Keywords
AI generated
burglary theft
extraordinary leniency
restitution obligation
recidivism
drug influence
minimum sentence
confession
Cited Legislation
AI generatedArt. 279 § 1 kk
Art. 63 § 1 kk
Art. 230 § 2 k.p.k.
Art. 626 § 1 k.p.k.
Art. 627 k.p.k.
art. 387 k.p.k
Related Decisions
AI generatedVII K 687/12
Court convicted defendant of theft and threats, imposing prison terms and civil damages for repeated property crimes.
II K 108/22
Court convicts defendant of fraud for misrepresenting intent to sell laptop, sentencing to three months imprisonment.
VI W 1924/15
Court convicts defendant of three thefts and imposes 20 days detention with state-paid legal aid.
II K 1508/24
Court convicts defendant of burglary and theft, imposing prison sentence and civil compensation order.