Heavily alcoholized and apparently brushed on riot: Two men clashed at the Schliersee Seefest. A Haushamer has now been sentenced.
Schliersee– "Again and again the Schliersee lake festival," said judge Walter Leitner, shaking his head at the end of a hearing at the Miesbach district court. A 42-year-old housekeeper was charged. He had punched a Schlierseer (44) in July 2019 on the Seefest night and kicked his face in the face. Now he has to dig deep into his pocket.
The incident was preceded by a provocation by the Schliersee, which the accused did not want to be left alone. "We sat on a park bench and waited for the train," recalled the Haushamer, who was accompanied by three men and one woman. "Then he arrived with his bike and showed us the stink finger," said the 42-year-old about the Schliersee. Thereupon he called "Verpiss dich" towards the 44-year-old. When the latter replied with a crude insult, the accused saw red: "I gave him one with my left fist," the Haushamer admitted. Due to the massive blow, the Schliersee and his bike went down. "I was furious," the accused admitted. Subsequent kicks on those lying on the floor, however, he only admitted indirectly: “I stepped into the ground once to intimidate him. The second time I may have hit him in the face with my shoe. "
Schlierseer lacks the memory - he has a broken tooth for that
The injuries to the Schliersee from the night of the crime were significant: tooth fracture, bruised skull, shoulder injury. The court hoped that the victim would testify in more detail, but the opposite was the case. "I have no memory of it," said the Schliersee. He couldn't even remember the face of the perpetrator. His explanation: "I had been drinking too much." What he still remembered was "that my front tooth had broken off and that I had pain in my shoulder for four weeks".
So it had to be helped in matters of education. Two witnesses, a Fischbachauer (17) and a 54-year-old from Weyarn, had watched the events. Both testified almost identically. "I saw at least two kicks in the face," the younger recalled. The 54-year-old also confirmed "two kicks in the upper part of the body".
Into the "provocation situation" with plenty of alcohol
Now the situation for the public prosecutor was clear: "You stepped on the man, the witnesses could confirm that credibly." Nevertheless, the public prosecutor went in because of the "provocation situation" and the alcoholism of both parties and the agreement on a perpetrator-victim compensation In the form of a compensation for pain and suffering of more than 10,000 euros from a less serious case. The prosecutor's five criminal records were a thorn in the side of the prosecutor - "but they are very old and there are no violent crimes," the defendant replied.
The prosecutor pleaded for a fine: 150 daily rates of 40 euros each. Defense lawyer Arnfried Färber asked for "the greatest possible mildness". The fact that the kick and kick took place was also out of the question for the lawyer. "But my client is not a racket," emphasized Färber. He pleaded for “refraining from another punishment” because the housekeeper would pay enough because of the pain and suffering.
The judge did not agree to this. Leitner's verdict was that 150 daily rates of 35 euros each were due to dangerous bodily harm in less serious cases. "The whole thing was as unnecessary as a goiter," explained Leitner. "The fact that you only wanted to step on the ground is a complete humbug." To kick with a "shod foot" is just a dangerous physical injury, the judge explained. In conclusion, Leitner said to the 42-year-old: "They really went about it with enormous rawness and overcame an inhibition threshold that not many would overcome."
Novelty in the district: Schliersee wants to introduce a security guard
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Rubric list image: © Andreas Leder
