A physical dispute in the Kraillinger refugee accommodation has now come to a legal end.
A Starnberg jury sentenced an Afghan (22) to imprisonment for bodily harm - without parole.
Krailling
- Friendship ends with money.
This saying was confirmed in the relationship between two young refugees from Afghanistan.
The contact between the former friends is completely broken.
The cause was a violent tussle in which the 28-year-old victim was seriously injured.
The conflict was triggered by a money transaction between the residents of the asylum seekers' accommodation on Hubertusstrasse in Krailling.
According to the 22-year-old defendant, his boyfriend at the time had borrowed 300 euros from him.
28-year-old falls down the stairs
In his almost one-hour admission, the 22-year-old described, translated by an interpreter, how the rift had come about. After both had argued for a while about the modalities of the repayment, an agreement was to be reached on May 26th last year. In the afternoon they met in the 28-year-old's room. There was a lot of alcohol flowing. The defendant had brought a bottle of vodka. It was quickly emptied, which is why the later victim got a second bottle in a supermarket. The dispute began when the 28-year-old only wanted to repay a third of the money he had borrowed. While he himself remained calm, according to the defendant, his opponent became more and more angry and then became violent. "Suddenly he jumped at me,bit my eyebrow and clenched my hair. “He pushed the attacker away. He is said to have picked himself up, jumped at him again and bitten into the upper body. Outside there were kicks on the landing, as a result of which the 28-year-old fell down the stairs. Judge Ralf Jehle wanted to know whether he had stabbed his opponent with an object and threw death threats at his head. The defendant denied both.Judge Ralf Jehle wanted to know whether he had stabbed his opponent with an object and threw death threats at his head. The defendant denied both.Judge Ralf Jehle wanted to know whether he had stabbed his opponent with an object and threw death threats at his head. The defendant denied both.
Only woke up in the hospital
After portraying the victim, what happened was very different.
The 28-year-old DHL employee admitted that he only wanted to repay part of the borrowed money.
He has paid for joint restaurant visits several times.
In the dispute, the accused was the aggressor.
He hit him on the back of the head with a pan.
When he went outside to take a breath, the defendant smashed the furniture, dishes and other belongings.
Then he followed him onto the stairs.
After being kicked in the chest, he staggered and fell down the stairs.
"I didn't notice anything and when I woke up I was in the hospital."
"I will kill you"
A roommate confirmed this information. The 28-year-old told him about the argument with the accused when he returned to the accommodation. Then the defendant was added. “He held a fork in one hand, which he hid behind his back. He extended the other hand to the other, apparently with a conciliatory intention, ”reported the witness. When the victim did not want to hit, the 22-year-old pushed and hit the fork in the direction of the other's face. In the resulting scuffle, there were kicks on both sides, with the 28-year-old falling down the stairs. His opponent followed him and kicked the man lying on the ground. When asked by the witness, the defendant said to his victim: "I will kill you."so the witness, "I fixed him on the ground". A police officer who was also called up confirmed the testimony.
Comprehensive criminal record
The prosecutor saw his indictment confirmed.
Because of the particular rawness of the procedure, only a prison sentence was possible for him - also because of the extensive criminal record.
The accused has already had to answer in court several times for bodily harm, theft, damage to property, resistance to law enforcement officers, fraudulent performance and sexual harassment.
A prison sentence of one year and nine months is therefore appropriate - without a new probation period.
One year and nine months' imprisonment without parole
Public defender Andreas Hlavaty asked that the considerable alcohol consumption be taken into account when reaching a verdict.
As a current kitchen helper, his client is aiming to train as a nurse on a part-time basis.
“A positive social prognosis is emerging,” says Hlavaty.
The jury did not share this assessment.
It joined the prosecution's request and did not allow parole.