As of: March 2, 2024, 3:00 p.m
By: Rudi Stallein
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The defendant's wife often received beatings when the man drank.
SYMBO © dpa
A Wolfratshauser (43), who was on open probation, has to be behind bars for eight months.
He had threatened to kill his wife.
Wolfratshausen – He is said to have threatened a neighbor that he would “flatten” him.
In the argument with his wife, he expressed himself even more clearly; the Wolfratshauser threatened her: “I'll kill you.” A few weeks later, at the end of July 2023, the 43-year-old is said to have insulted and hit his wife.
The public prosecutor's office lists these acts in its indictment.
Because the man was on open probation for the crimes he was accused of, he now has to spend eight months behind bars.
Alcohol always plays a role in crimes
The Wolfratshauser brought eleven previous convictions, including several prison stays, into the trial.
Mostly it was about bodily harm.
The victim was often his wife (63), who was beaten when he drank too much.
Alcohol always played a role in his actions.
And when his blood alcohol level was high again, neighbors in the apartment were not spared either.
Like on February 15, 2023 around 4 p.m., when an argument broke out in the garden of the property.
“Since he found out that his probation was expiring, things have gotten worse and worse,” explained the neighbor, whom the defendant had threatened to beat during a verbal argument.
“When he's sober, he's very easy to get along with,” a neighbor reported in court.
“But when he drinks, he gets short-tempered.
“He was drunk that day,” the witness described the defendant’s condition on June 5th last year, when he threatened his wife in an argument around 10:15 p.m.
“There was a terrible rumble in the apartment,” added another earwitness, “when the threat was made, we called the police.”
Man: 1.78 per mille, woman: 2.16 per mille
On July 28th, around 9:30 p.m., another emergency call was received from the apartment building in Wolfratshausen city center.
An eyewitness at the time, who couldn't quite remember in court, had described the argument between the couple to the police: “He came in, insulted her as a whore and a slut.
Then he hit her in the face with the palm of his hand,” the judge quoted from the police interview.
The victim and perpetrator were very drunk, a police officer reported in his witness statement: breath alcohol tests showed that the man had a blood alcohol level of 1.78 per mille and the woman had a blood alcohol level of 2.16 per mille.
Also read: After freaking out in the district court: 25-year-old is back in the dock
The defendant did not comment on the allegations, which is his right.
His wife exercised her right to refuse to testify and also remained silent.
However, this did not save the accused from being convicted.
“The taking of evidence must have proven the crimes,” even stated the 43-year-old’s defense attorney after hearing a total of five witnesses.
Since there was a lot of alcohol involved, there were mutual insults and no serious consequential damage, public defender Marc Zinka applied for a fine.
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Convicted of threats, insults and bodily harm
The Wolfratshausen court could not follow this.
“He knows what happens when he drinks.
Then it becomes dangerous for those around him,” said Judge Helmut Berger, explaining why he did not consider the defendant’s alcohol consumption to be a mitigating factor in his sentence.
He sentenced the Wolfratshauser to eight months in prison for threats, insults and bodily harm.
“And they have to be enforced, there is no evidence of a favorable social prognosis,” affirmed the judge, whose sentence was below the prosecutor’s request.
He had demanded twelve months in prison.
The verdict is not yet legally binding.
rst
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