As of: February 20, 2024, 3:00 p.m
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A 27-year-old from Holzkirchner was convicted by the Miesbach district court.
© Thomas Plettenberg
A 27-year-old from Holzkirchen appeared before the Miesbach district court for possession and distribution of child pornographic material.
The court sentenced him to a suspended sentence.
Holzkirchen
- During a house search, the police also found 24 additional files on the man, 22 of which were realistic animations.
His client had already admitted the crimes during a police interrogation, his defense attorney explained.
However, in some places he did not realize that people under the age of 14 were involved, including the file he forwarded.
That is why he was not aware of the criminal law relevance.
He regrets it all very much.
Police officers were shocked
The defendant himself stated that it was not a public chat.
He only sent the file to a person he did not know.
He was unemployed for several years and used a chat platform to pass the time, where he was in contact with many unknown users.
Today this portal no longer exists, probably because “many people wanted something sexual there,” as the 27-year-old said.
Apart from the one incriminatory content, he only exchanged legal pornography there.
“What scope are we talking about?” asked Judge Walter Leitner.
The defendant said he had saved a total of around 100 files.
A lot of it was “old stuff” – stored for years on old hard drives that he had to look for during the search.
He didn't make the animations himself.
It is also clear here that these are not real people.
It sounded different in the explanations of an investigator.
The animated videos seemed very real; he and his colleague were shocked by the depictions.
He estimated the girl seen in the file sent to be well under 14 years old.
When asked for an age assessment, the defendant was no longer as sure whether it was a 14 to 15-year-old, as he initially claimed.
However, he never consciously looked for child pornography content.
Despite a “good impression” in court: suspended sentence and fine
The Holzkirchner had not yet appeared under criminal law.
Since the file in question had only been sent to one user, this charge was based on obtaining possession of child pornographic material instead of distribution, with the same penalty.
Otherwise, the public prosecutor saw the accusation confirmed and demanded a total prison sentence of one year and eight months on probation, plus a payment of 3,500 euros.
The defense attorney asked for leniency in the form of a suspended sentence so as not to endanger the future of his client, who is now working.
The jury ultimately imposed a year and eight months of probation, as well as a fine of 3,000 euros for the benefit of the Caritas Children's Village Irschenberg.
Leitner credited the defendant with “making a good impression” in court.
Nevertheless, the depictions showed serious abuse and the age of the people was clearly visible.
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