Were insight and remorse just an act to bring about a lenient sentence?? When the public prosecutor in the kitzingen district court announced the punishment she had demanded – two weeks of permanent detention, compulsory participation in anti-aggression training and, above all, a ban on alcohol – the defendant's control was almost gone. Judge wolfgang hulle had to intervene to get the young man to calm down.
He had not been able to control his emotions several times before. The last time the young man's fuses burned out was last february at the kitzingen train station. Previously he had been with several friends in a disco in wurzburg. "I drank seven beers and two cocktails in three hours", he confessed. "I was not a nuchtern".
The group got off the train in kitzingen and was just starting to move when another teenager asked the defendant's friend for a cigarette. "I perceived it as a scolding and wanted to defend my buddy", according to the 17-year-old, who admitted in the same breath that he had not yet even begun to understand the content of the speech. Instead, he didn't take long and went after the cigarette scrounger. Two punches in the face were said to have been involved, then the hitter turned away. He regretted his actions in court.
Months later, when the perpetrator and victim met by chance at a public viewing at the bleichwasen, the youth apologized to the beaten man. "I accepted that.", said the victim of the same age "and had respect for this insight".
His testimony, however, differed somewhat from that of the defendant. Not two, but six to eight blows he received, until an uninvolved third person was fortunately brave enough to intervene and bring the aggressor to justice. The beater knew nothing at all about this third person at the main hearing.
As "insolence" he acknowledged his statement to the police, according to which the mediator also received two blows from him during the rescue operation. "I don't know how this would have gone on", so the beaten "if he had not come to my aid". So the injuries were relatively minor. He stated that he had some swelling in his face and a headache when he went to the doctor and the police the next day.
High jerking speed
It was not the first case of intentional bodily harm that had brought the 17-year-old to the dock. The current case was almost a copy of an incident that took place in february 2011 at the same place. 60 hours of auxiliary service he had done at that time. From an "uncertain social prognosis" therefore spoke the representative of the juvenile court services. "It's quite alarming when he strikes so quickly every time under the influence of alcohol".
Judge hulle accordingly passed a sentence that was "appropriate and educationally necessary" in its effect and went beyond the performance of social assistance services. The juvenile, who recently started an apprenticeship as a bricklayer, will now spend two weekends in the correctional facility. He was also ordered to take part in an anti-aggression course and to massively limit his alcohol consumption for one year. From now on, irregularly conducted checks may not reveal more than 0.5 per mille of alcohol in the blood or 0.25 milligrams per liter of breath. The defendant accepted the verdict with visible calm, to which judge hulle sent the warning that he could also impose four weeks of disobedience arrest, if the instructions were not implemented.