Michael busch in the morning, 5 o’clock in erlangen – bergkirchweih times. The city slumbers, the city cleaners have begun their work. For most people, a new day begins, but for two young men in erlangen, a long day ended tragically.
In front of the erlangen disco john doe, an 18-year-old from hebdorf wanted to bum one last cigarette before taking a cab home with his friends. In the process, he met the later accused. He had been drinking heavily at the disco ("i think there were about six jagermeisters.") and also relaxed with a tip on the strabe. He had also scrounged these beforehand, so he was not in possession of his own cigarettes.
What exactly happened then diverged somewhat in the descriptions of the two actors now before the erlangen district court and the juvenile court before judge wolfgang pelzl, although the actual event was not in question.
A "fuck off" had indicated to the hebdorfer that he did not receive a cigarette or appropriate attention. The initially harmless consequences were the mutual insults and insults. However, the asian-looking attainant found the statements "slit-eye" and and "you only see the half" as attacks below the belt.
The friends of both parties did not manage to bring the two opponents so far apart that the dispute could be ended. "The guy just couldn’t keep his mouth shut", later one of the friends of the hebdorfer said about his friend. As a result, an action took place, which the accused later explained in his full confession with the words: "I wanted to finally be quiet!" A well-aimed left thundered into the face of the opponent. So hard that his glasses broke, so hard that the cheekbone broke, so hard that the cornea was injured, so hard that consequences occurred that the hitter had not even begun to anticipate.
Judge pelzl summed it up after the medical certificates were read out and then later during the sentencing: "what happened was what we always warn about in vain." So often, similar court cases end with the defendant being told that "they had been massively lucky". They are told about the dangers that this kind of beating can bring. Most of the time, the victims are lucky that they only get bruises when they are punched or kicked. "The consequences are so dramatic, as the court itself has seen only very rarely so." The worst consequences that such a blow can cause have occurred, with massive consequences for an unforeseeable time.
The court agreed with the lawyers represented that the defendant was not a typical hitter. The prosecution, the counsel for the defendant and the defendant’s counsel also agreed that both parties played their part in the escalation of the situation. Pelzl summed up against the accused: "you did not want these consequences, we are also convinced of that." Nevertheless, it had come to this serious bodily injury, which had such lasting consequences. "This is to be punished as dangerous bodily harm", the prosecutor had demanded in her plea.
Two years it demanded, which could be suspended, however, under consideration of the confession, the events on site and the apology to the victim for preservation.
The juvenile court saw it largely the same way and set 18 months as a sentence, which should be suspended for preservation. Pelzl stressed that the hours of work, the cooperation with the preservationist, but also the still civil consequences, such as the assumption of the medical expenses as well as the indemnities, will leave appropriate impression on the causer. "They will not soon forget this incident", he admonished.