Because he had child pornographic material, a Wiesseer now had to answer again before the district court of Miesbach. © Thomas Plettenberg
Because child pornography material was again secured from him, a Wiesseer (43) was now back in front of the district court of Miesbach. There was no verdict: the jurors demand a psychiatric report.
Bad Wiessee - Already in October 2022, a Wiesseer (43) had been sentenced to a suspended sentence by the Miesbach District Court. In addition to the use of unconstitutional symbols, the man had been accused of two chats via WhatsApp with alleged minors. He had asked them to send him photos. In fact, the chat partners were adults against whom criminal proceedings are now also underway.
In the course of a police investigation, extensive child pornography material had been secured on the man's smartphone. Now the 43-year-old was again in the dock, again for possession of child pornographic material. During a house search in the spring of 2021, relevant footage was again found on a mobile phone.
43-year-old delivered laptops himself to the Wiessee police
In the summer of 2021, the 43-year-old then took the "initiative". He had appeared with three laptops in a shopping basket, described a police officer of the Bad Wiessee inspection on the witness stand. Extremely upset, he declared that "children are being abused everywhere," but that he himself was "not a rapist." He had to hand over the computers because child pornography was stored on them.
This has been confirmed. But where the alleged accusation of rape came from remained unclear. The Wiesseer had given the impression that he had a psychological problem. A reasonable conversation was not possible. That's why he was advised to seek treatment.
Another incident occurred in the psychiatric ward
The man had apparently taken this to heart. But during a four-week stay in the psychiatric ward, another incident occurred in August 2021. A witness described that she wanted to visit her son there and was waiting for him in the lounge when the 43-year-old approached her. First, he showed her a photo of a boy and explained that he was "very sad because he couldn't play football". Then he showed more, increasingly offensive photos. "I was completely horrified and didn't know how to deal with it," the woman said. She then spoke to her son about it, but he replied: "The doctors know that, but they don't do anything." She then turned to the police.
Renewed investigations unearthed 100 relevant images
Renewed investigations brought to light almost 100 relevant images and a video on the man's cell phone. While the defendant, who was visibly battered and, according to his lawyer, mentally retarded, had already admitted all the allegations at the beginning of the trial, he answered questions only falteringly and monosyllabically. In the course of the trial, it became apparent that the 43-year-old had already been in inpatient treatment earlier, probably because of a suicide attempt. Traumatic childhood experiences were also discussed.
Court of lay judges wants to have psychiatric report prepared
While the prosecutor demanded a prison sentence of three years and four months after restricting the incident in the psychiatric ward, the lawyer pointed out the need to work through the problematic background, which could not be achieved by a prison sentence. He suggested the imposition of sex therapy. The court of lay judges finally agreed to have the question of culpability clarified by a psychiatric report in order to reach a verdict on this basis.
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Stefan Gernböck