As of: March 12, 2024, 9:00 p.m
By: Andreas Müller
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The appeal process took place before the Munich II Regional Court (symbolic image).
© dpa
It was just a punch that the 29-year-old defendant gave a 43-year-old Weilheimer.
However, the consequences, some of which the victim still suffers from today, are serious.
Now the case ended up before the Munich regional court.
Weilheim - He heard an argument between a man and a woman, the 43-year-old remembers on the evening of May 10, 2022. The man screamed so loudly and aggressively at the "whining woman" that he was afraid of it “Something bigger could happen.”
To help, he walked up to the two of them from his garden and spoke to them.
He doesn't know what happened next.
His memory only began again when he woke up in the ambulance.
The 43-year-old's wife can help out: the defendant “suddenly” hit her husband in the face with his fist.
He hit the back of his head on the street and lost consciousness.
As it turns out, the sales employee suffered a traumatic brain injury with bleeding into the brain.
Six months later, he suffered an epileptic seizure and fell: the court expert was certain that it was an “indirect consequence” of the blow.
According to the expert, the temporary loss of balance and the tinnitus from which the Weilheimer still suffers today can be explained by the blow and the hard impact.
The victim said he was unable to work for ten weeks after the incident.
He takes medication to prevent further epileptic seizures.
He is also undergoing psychological treatment for depression.
The district court sentenced the defendant to a prison sentence of 14 months
In May last year, the Weilheim district court sentenced the defendant to 14 months in prison for grievous bodily harm - without parole.
Both he and the public prosecutor have appealed the verdict.
The presiding judge described the verdict as a “special offer”: because of the “serious consequences” but also because of his numerous previous convictions.
There are 16 entries in the 29-year-old's criminal record.
His defense attorney also admits that the first-instance sentence “is not overly harsh.”
Nevertheless, the defendant refuses to withdraw his appeal – initially.
He admits the crime: “Yes, that happened.” However, he had drunk 25 beers beforehand.
The expert smiles: Given the defendant's physical constitution, a blood alcohol level that "no one survives" is calculated.
The behavior after the crime also speaks against reduced culpability: none of the witnesses can remember any symptoms of failure.
The defendant was able to ride his bike home and confide in a roommate: “I think I killed someone.”
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Nevertheless, the 29-year-old insists on a suspended sentence: he has “completely turned his life around,” he assures.
He has moved away from his old environment, no longer drinks alcohol and wants to use therapy to deal with trauma from his childhood and youth.
Although the presiding judge and the public prosecutor signaled several times during the several hours of evidence that they were not convinced by the defendant's arguments, after a legal discussion they agreed to withdraw the 29-year-old's appeal.
The first instance judgment is therefore legally binding.
When asked whether he would show moral courage again in a similar situation, the Weilheimer replied: "I wouldn't do it anymore."
By the way: Everything from the region is also available in our regular Schongau newsletter.
And in our Weilheim-Penzberg newsletter.