A man wanted to spend the night in a hotel in Bad Wiessee.
When he couldn't get his room late at night, the 41-year-old struck.
His lawyer insists on self-defense.
Bad Wiessee
- He was not allowed to stop in, so he handed out: A Dresden man (41) had to answer before the Miesbach district court for willful bodily harm.
In October 2020 he punched a hotelier (63) from Bad Wiessee on the left temple because he did not want to let him stay the night.
The Dresden man had booked a room.
But the hotelier had a reason to turn him down.
Guest beats Bad Wiesseer hotelier: Man from Dresden had drunk two bottles of wine
Defense attorney Frank Hannig admitted that his client was drunk on the night of the crime.
"He drank two bottles of wine at a business lunch," he explained to the 41-year-old, who himself did not appear at the court hearing.
Hannig confirmed that his client had struck.
"But there are always two truths to every story." The defendant had booked a room and announced that he would only arrive after the time of check-in.
"That's why his room key was deposited in a safe for him."
When the man from Dresden wanted to pick up his key around midnight but couldn't find it, he called.
During the conversation with the hotelier's wife, she is said to have told him that he could not stay overnight because it was too late.
"Then my client insulted the woman on the phone," admitted the lawyer.
"Because of Corona, he couldn't go anywhere else, and he was already standing in front of the hotel," he tried to justify the reaction.
Afterwards there was a dispute with the hotelier.
Both of them pushed each other in front of the hotel, and the hotelier kept trying to "take my client's bag away".
Then the man from Dresden struck - once on the left temple.
According to Hannig, he was "in an emergency or self-defense situation".
Bad Wiesseer hotelier tells the story from his perspective
The hotelier described the night of the crime somewhat differently.
Yes, the man from Dresden booked a room and said he would check in later.
"But he wanted to be there by 6 pm." When this was not the case, "I put the key in a safe".
When the man from Dresden called the hotel at around 11.30 p.m., he went to see him.
The 41-year-old was very drunk.
He had "bullied and screamed loudly", so that the 63-year-old did not want to let him come back.
Suddenly and for no reason, the man from Dresden struck.
“But I didn't try to take his bag away,” emphasized the hotelier.
What he said to his uninvited guest: “When I called the police afterwards, he waited and admitted the blow.” The fact that the overnight stay that did not materialize represented a hopeless situation was not the case: Picked up a friend from Tegernsee, although other hotels in Bad Wiessee were also open. "
Guest beats Bad Wiesseer hotelier: defendant has a criminal record
Therefore, the public prosecutor saw no self-defense or emergency act that led the Dresdner to the punch.
Although the accused was drunk, his two previous convictions speak against him.
Therefore, she demanded a fine of 100 daily rates of 40 euros each.
"In Bavaria, the public prosecutor's office is known to be very persistent," said the defense attorney to the previous speaker, who did not want to accept his suggestion that the proceedings be terminated.
Hannig was convinced of the emergency act of his client: "Normally something happens before someone strikes - in this case taking away the bag." Since the whole truth could not be clarified, he demanded acquittal.
But district judge Walter Leitner even increased the fine by 1,400 euros - and sentenced the 41-year-old to 90 daily rates of 60 euros each.
"That was not a justifying emergency," he was sure.
Even if the hotelier had tried to take away the Dresden man's bag, “that doesn't justify a punch on the temple.
There are far milder remedies. "
by Philipp Hamm
The Bad Wiessee police were recently involved in numerous thefts in Tegernsee - all of which followed a similar pattern.
The perpetrator was caught through intensive investigations.
A little boy from Holzkirchen really only wanted to visit his grandmother.
But because the three-year-old was traveling alone, a woman noticed and spoke to him.
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