It is not always easy to enforce the mask requirement.
An employee of a mountain railway even started criminal proceedings because a passenger was missing a mouth and nose protection.
Because of insult in two cases and false suspicion, the gondola driver (26) has now been fined 3150 euros.
Kochel am See / Wolfratshausen
- The underlying incident occurred on September 4th last year at just before 5 p.m. Because he had not put on a mouth and nose protection, the cabin attendant at the mountain station of the Herzogstandbahn refused a member of a musicians' association from Rhineland-Palatinate, which, according to the police report, comprised 14 people. This sparked an argument during the journey (we reported). As he meekly admitted in court, the 26-year-old shot well over the target. He called participants of the tour group as "Kanaken", recommended them to "piss off" and "go back to where you came from". A woman had also filed a complaint because the accused had shown her the extended middle finger.
Defendant shows repentance - at that time he was not understanding
"I am sorry that it happened that way," said the defendant ruefully.
He lacked this insight at the time, otherwise he would not have claimed at the police station in Kochel the next day that someone from the group had assaulted him.
Since he was also able to describe the perpetrator, unknown persons were investigated.
The 26-year-old was sentenced to a fine for the matter.
He appealed against this, which is why the case came up again in front of the court.
Prosecutor: "One can ask oneself whether a xenophobic sentiment is being expressed there."
Although: There wasn't much talk anymore. The gondola operator admitted his misconduct and limited his objection to the legal consequences, the fine set in the penalty order was too high for him. The public prosecutor applied for such a rate of 140 daily rates of 40 euros each (total 5600 euros). In view of the “insults of the more massive kind”, he said: “One can ask oneself whether a xenophobic attitude is being expressed.”
Judge Helmut Berger reduced the fine to 90 daily rates of 35 euros each (3150 euros).
He justified this with the fact that the defendant had "spared the court extensive evidence" through his confession.
Otherwise, witnesses from Berlin, Mainz and Basel would have had to travel to Wolfratshausen.
"That went really stupid," said the defendant in his last word.
"Will not happen again." Comment of the judge: "We hope so."
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