After an injury at a construction site, a man took tools worth 27 thousand UAH and pawned them: what the court decided
The Khmelnytskyi City District Court found a 54-year-old man guilty of stealing construction tools from a storage room at one of the construction sites in Khmelnytskyi. The crime was committed at the end of last year.
According to the court, the actions of the accused caused material damage to the property owner totaling 27,539 hryvnias. The court concluded that the man's guilt in committing the crime was proven.
The court qualified the accused's actions under Part 4 of Article 185 of the Criminal Code of Ukraine as secret theft of another's property committed under martial law conditions.
The accused admitted his guilt in committing the criminal offense unequivocally and fully.
The man showed that during work at the construction site he suffered a workplace injury in the form of fractures, as a result of which he was on sick leave for 4 months. However, the employer did not pay him any compensation. When he returned to work and worked for about two more weeks, he also did not receive his full salary. Therefore, he decided to steal the tools to which he had access. He pawned the stolen items and received 16 thousand hryvnias, which he used for his own needs, including medical treatment.
The accused regrets what he did and partially compensated the damage caused to the victim.
The court took into account that the accused had no prior convictions, is currently continuing military service in the Armed Forces of Ukraine, and is not registered with psychiatrists or narcologists. He also apologized for what he did and partially compensated the victim, which mitigates his guilt. The court did not find any aggravating circumstances.
The victim filed a civil claim in the criminal proceedings for compensation of 25,376 hryvnias in material damage and 100,000 hryvnias in moral damages.
The Khmelnytskyi City District Court found the man guilty of the criminal offense under Part 4 of Article 185 of the Criminal Code of Ukraine and sentenced him to five years of imprisonment. At the same time, the court decided to release him from serving the sentence with probation, setting a probation period of two years.
The court partially satisfied the victim's civil claim, recovering 20,410 hryvnias in material damage and 3,000 hryvnias in moral damages from the accused, rejecting the rest of the claims.
An appeal against the court's verdict may be filed (case No. 686/10954/26).
Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, and follow us on Facebook and Instagram to stay informed about the most important events.
