Wasserburg: Beating attack in front of hotel – This is the verdict

Exactly one year ago, a visit to a birthday party in Wasserburg ended badly for a young man: he was brutally beaten. Now the attackers have appeared before the Rosenheim lay judges' court. So the decision has been made.

Water castle – Exactly one year later, three Wasserburg residents found themselves accused before the jury court presided over by Judge Isabella Hubert. They are said to have brutally beaten a man who was visiting Wasserburg in front of his hotel.

On September 3, 2023, a 29-year-old consultant came to Wasserburg with a friend from Frankfurt am Main for a birthday party. After the party, they wanted to have a nightcap in a bar in the old town. There was said to have been a drunken, aggressive mood among those present, which was also directed against the new arrivals, the court said. The two new guests were accused of being “undercover investigators” for an authority, and were even searched for “microphone wiring”.

In front of Wasserburger Bar: Dodged blows to the face

The 29-year-old suffered two blows to the face from a guest who cannot be identified. When he went outside the bar to smoke and avoid the aggression, the accused 52-year-old professional driver also started to hit him in the face. He was able to avoid the blows, the court heard. Shortly afterwards, the two guests left the bar to go to their hotel.

Before he went to sleep, the victim wanted to smoke a cigarette in front of the hotel. The other two defendants surprised him there. Both of them hit him without warning and kicked him while he was lying on the ground. On the large screen in Courtroom 21 of the District Court, images of the injuries, abrasions and bruises clearly show the brutality of this attack. Based on the description of the perpetrators, the defendants were immediately identified. They were a 25-year-old trained office clerk and a 30-year-old dairy worker.

Defense attorney requests legal consultation

The 25-year-old's defense attorney, Raphael Botor, asked for a legal meeting right at the beginning of the trial to explore the circumstances and options for the defendants. The defense attorneys announced that they would make comprehensive confessions in the hope that the court would impose sentences that could still be suspended.

In such a case, the public prosecutor's office did not want to refuse such a request. So an agreement was reached. The victim was then only heard as a witness to verify the confessions, and he had to travel from Lahnstein/Rhine for this purpose. All of the statements mentioned were confirmed. The defendants emphasized that they had behaved in this way while very drunk and apologized to the victim.

Good social forecasts

Because the social prognoses of all three perpetrators were positive, the prosecutor requested in his closing statement that both main perpetrators receive a prison sentence of two years, which could be suspended for three years. The third could get away with a fine of 90 daily rates of 15 euros for the attempt.

The lawyers Raphael Botor and Alexis Leiss each requested 18 months' imprisonment with probation. For the third defendant, who was only charged with attempted bodily harm, his defense attorney also requested a fine, but this should be kept at 40 daily rates of ten euros.

This is the verdict of the Rosenheim lay judges’ court

The jury court considered a prison sentence of 21 months for the main offenders to be appropriate and suspended them as announced. However, both were placed under supervision by a probation officer. The third defendant was sentenced to a fine of 60 daily rates of 15 euros. Because the verdict was preceded by a plea bargain, the convicted persons could not accept it immediately. In such cases, the law stipulates that the convicted persons are forced to reconsider the guilty verdict.