Whether the accused was guilty of theft under §§ 242(1), 243(1) no. 1 StGB and what sentence and costs should follow.
The accused was convicted of theft and sentenced to one year of imprisonment; costs and expenses were imposed on the accused.
73 Ds 36/12•Theft conviction and one-year prison sentence
73 Ds 36/12Court of First InstanceApr 13, 2012Criminal lawConvicted
Extracted by Omnilex
The Bonn District Court, sitting in criminal proceedings, heard the case on 13 April 2012. It convicted the accused of theft under §§ 242(1), 243(1) no. 1 StGB and sentenced the accused to one year of imprisonment. The accused was also ordered to bear the costs and expenses of the proceedings. The decision provides no further details about the facts, the accused, the court’s reasoning, or whether the sentence was suspended.
Under §§ 242(1) and 243(1) no. 1 StGB, theft committed under the qualifying circumstances addressed by § 243(1) no. 1 is punishable as aggravated theft. The decision applies these provisions to convict the accused and impose a custodial sentence; it states no general doctrinal rule or reasoning beyond that application.
Entscheidungsdatum: 2012-04-13
Aktenzeichen: 73 Ds 36/12
ECLI: ECLI:DE:AGBN:2012:0413.73DS36.12.00
Dokumenttyp: Urteil
Spruchkörper: 73
In der Strafsache
pp
wegen Diebstahls
hat das Amtsgericht Bonn
aufgrund der Hauptverhandlung vom 13.04.2012,
an der teilgenommen haben:
pp
für Recht erkannt:
Der Angeklagte wird wegen Diebstahls kosten- und auslagenpflichtig zu
einer Freiheitsstrafe von 1 Jahr verurteilt.
§§ 242 Abs. 1, 243 Abs. 1 Nr. 1 StGB.
Whether the accused was guilty of theft under §§ 242(1), 243(1) no. 1 StGB and what sentence and costs should follow.
The accused was convicted of theft and sentenced to one year of imprisonment; costs and expenses were imposed on the accused.
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