When should a friend be beaten up?
Halfing - For the third time, a 38-year-old construction worker from Poland, who lives in Halfing, was on trial for beating up his partner.
Now the man has to spend another 18 months in prison, but should get the chance for therapy.
According to the victim, a 33-year-old Slovak woman, the accused was drunk in the early evening on the day of the incident. "He called me a whore and a slut - as always," the woman described the exchange with the 38-year-old, who was extremely jealous. When he hit her, her 17-year-old daughter threatened to call the police.
Attacked the daughter
Then he attacked her daughter. She intervened and sent the daughter down into the car to protect her from the man. After all, she fled there herself. However, the defendant continued to hit her on the way to the vehicle.
The daughter confirmed the mother's description in every detail, which led Judge Merkel to ask the victim: “This is not the first time that he has beaten her. Why do they keep taking him back? ”Which the Slovak woman, who has two small children with the defendant who are currently with foster parents, was unable to answer exactly.
The construction worker described the course of events very differently. He said in court that he only hit her once. After that he just ran after her to apologize. However, he didn't know very much anymore because he was drunk. He had been cooking, was then irritated by her in an argument and therefore struck. He didn't know any more.
But when he told the public prosecutor Dr. Oliver Mößner was able to describe precisely which dish he had prepared that day and how, the prosecution quickly began to doubt the missing memory.
The presiding judge Christian Merkel complained that the defendant had learned nothing from his previous convictions. "In addition, they were only a few months earlier in prison for the same reason - and were also on open probation!"
What the man tried to excuse with his alcohol consumption. "That only happens to me when I've drank alcohol." When the judge asked why he was drinking, the 38-year-old replied: I always drink when I'm stressed Started drinking and drank around five to six beers and maybe half a liter of gin.
Prof. Dr. Michael Soyka reported as an expert witness that the defendant was heavily drunk with almost three per thousand. He lived from casual work. This is probably a chronic alcoholic. Without therapeutic measures, it can be assumed that such attacks on the partner would be repeated over and over again.
The defendant was, as his defense attorney Wolfgang Müller confirmed, quite willing to therapy. The question arises, however, whether his language skills make a meaningful therapy possible. In this context, the interpreter confirmed that the defendant understood German. Their presence is only required for legal expressions.
The public prosecutor did not want the alcoholism to be seen as an extenuating factor. After all, the accused had already committed several offenses under alcohol. So he had to know that he would then be prone to crime. He was also on open parole from a similar, earlier crime. He applied for 18 months' imprisonment, but did not want to deny him the chance of therapy.
The defense attorney pointed out that his client had only committed his act under the influence of alcohol. Twelve months in prison are sufficient in this case. He also requested placement in closed therapy in order to obtain future impunity.
The court complied with the prosecutor's request. A mitigation of sentences is not possible for several reasons. The defendant had known that he would react uncontrollably under alcohol and had also been under open probation. But he doesn't want to deny him the chance of therapy. So he could use the punishment meaningfully in a closed therapy.
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