When theft involves stolen goods in the five-digit range, thoughts probably turn first to expensive jewelry, cars or valuable rarities. Three manner from erlangen and bayreuth stood yesterday, however, before the district court erlangen, because they in a erlanger suburb 23 horse saddles and reitzubehor with a new value of about 63.000 euros had been stolen.
Jurgen lubojanski, the defense attorney for one of the three defendants, partially justified his 29-year-old client’s behavior. He had lost his job in the summer months before the burglary, but at the same time he had already started his studies and was therefore in financial difficulties. In conversations with the second defendant, a 38-year-old from erlangen, they first "talked abstractly about the possibilities of ‘making money,’" according to defense attorney lubojanski. The two manner, who knew each other from the correctional facility, then began to plan the theft. The fact that a riding stable became the target had two reasons, as lubojanski explained: such a stable is usually not well secured and at the same time contains valuable objects. "I already knew the approximate value of a saddle", the defendant also admitted.
A third acquaintance, a 54-year-old from bayreuth, was called in to carry out the theft. The latter loved to gain for the crime because of health problems and consequent financial shortages.
In october 2017, the second defendant and the 38-year-old then used a crowbar to break into the stable through a window and stole mainly saddles. Although the 29-year-old defendant did not want to actively participate in the entry and removal, he was nevertheless described by the defense as the "head of the gang" describes. He had been instrumental in driving the plan, and had also rented a warehouse and handled the subsequent sale. The boundary between theft and receiving stolen goods was very thin here, according to judge gallasch, but chat protocols showed that the defendant was fully involved in the planning.
However, the thieves subsequently discovered that the horse saddles were comparatively easy to steal, but that it was difficult to achieve a high value when they were sold. Only 12.000 euros resulted from the sale.
Why the 38-year-old defendant allowed himself to become involved in the theft, however, was not clear to judge gallasch. The man from erlangen had been released from prison only three months earlier. "I have enough people here who say they never want to go back to jail", gallasch printed out his incomprehension for the renewed offence. Especially since the defendant had little "economic interest" in the project at the money by the sale had, but rather by the wrong friendship had let itself be influenced, justified its defense lawyer thomas skapczyk. The defendant also acted in the belief that such a crime would not be prosecuted because the insurance company would pay for the damage. "Stupidity does not protect from punishment", skapczyk had to describe the behavior of the defendant.
The 29-year-old and the 38-year-old each received a prison sentence of three years and two months and two years respectively. Both had already been convicted several times for fraud and forgery of documents, among other things – all offenses in the field of asset procurement. In the case of both men, the probationary period from a previous offense had not yet expired, which was taken into account when the sentence was formed.
In the case of the third defendant, the sentence was one year and three months, but was suspended because the defendant had no previous convictions and had made an early confession. "An early confession is worth more", gallasch justified the mitigating circumstance.
The 38-year-old defendant must also pay a fine of 20 euros.000 euro pay. The insurance companies have already paid for the compensation of those who have been robbed.