The young man stood before presiding judge michael eckstein at bayreuth regional court on tuesday. He had already been sentenced to one year in prison by the district court of kulmbach. The defendant had appealed against the decision.
What had happened? On 22. August 2012 at 19.25 o"clock the accused got into an argument with a friend in front of his apartment on the second floor of a house. When the resident of an apartment below called up to the roosters and asked for mabigung, the defendant stormed downstairs.
He grabbed the man by the upper body and neck and held his pistol-shaped hand to his head. "I'm going to kill you, dude" and "i'll burn down your apartment" he threatened.
The acquaintance with whom he initially had the argument calmed the 20-year-old down and took him back to his apartment.
Among other things, the defendant justified his behavior with "trouble with his girlfriend". Because of her – the relationship has ended in the meantime – he had also had other problems.
In the meantime, the young man, who has also sought addiction counseling, is seeing a psychiatrist and taking antidepressants. "Since then I have not had any more outbursts", he explained to the presiding judge and for these reasons also asked for "a second chance".
"Fuck you!" Heibt "tschuss"
But michael eckstein could no longer preserve it. Since the defendant had confessed before the district court in kulmbach, he had been guilty of further offenses. So is on 2. January 2013 a charge of theft was filed – the trial is still open.
And during the main proceedings before the district court in kulmbach, he had withdrawn money without permission from the account of his girlfriend at the time.
And on top of that he insulted her by sending her a note with the words "fuck you" put in the car. "It should stay, it's over. Shot. Goodbye, the man justified himself. Even the preservation officer had not spoken positively about the defendant's prospects.
Judge eckstein therefore advised the man to take back the appeal. "You will not be able to avoid execution of a sentence and must even reckon with the fact that the juvenile sentence will be increased again." Especially since, in the judge's eyes, it is even questionable whether it is still possible to make use of the juvenile criminal law. "What you have told us so far is simply too dark.
This also applies to the previous preservation process."
Even the objection of lawyer berthold martin from kulmbach did not help, that his client had acknowledged his mistakes and was seeking medical help. Martin pointed out how important it was that the visits with the psychologist be continued.
But that was simply not enough for judge eckstein. "They blew their chance", he said, after the accused had withdrawn the appeal after a short consultation with his lawyer.