The incident occurred on the early evening of June 28 last year in the Nussbaumpark, a meeting point for Munich’s drug scene. The perpetrator, Hubert K., met a friend there whom he knew from the scene. According to the court, the 51-year-old had a blood alcohol level of up to three per mille at the time.
The victim suffered a skull fracture, three facial fractures, a double jaw fracture, and other injuries. The prosecution had demanded five years and eight months, while the defense argued for a maximum of three years. The court stayed below the prosecution’s request with five years and two months.
In the reasoning for the verdict, presiding judge Ute Schmitthenner stated that despite the high level of intoxication, there was no diminished criminal responsibility due to the defendant’s significant alcohol tolerance. Placement in a detoxification facility was not ordered, as an expert saw no prospect of success.
Source: www.sueddeutsche.de
