On thursday, a 48-year-old man from kulmbach had to stand trial for theft in a particularly serious case. All protestations that a bicycle had not been stolen, but only found, were of no avail. Judge sieglinde tettmann sentenced the "preservation failure" to a prison sentence of four months.
Chained at the train station
It was clear that a 15-year-old boy had been killed on 21 june. November 2018, his "ghost"-had left his bicycle at the kulmbach train station. The wire donkey had cost 520 euros and was dear to the young man. For this reason he was quite sure that he had completed it properly. But when the 15-year-old returned in the evening, the bike was gone.
Several months later, a friend of the man who had been robbed noticed "fritz" at the shopping center a bicycle that looked suspiciously like the one that had gone missing. However, the color had been changed.
Involved in contradictions
The friend reported his observation to the police. And they provided – together with the kulmbach security guard – for a covert surveillance. A little later, the officials scored a success. The defendant loosened the lock he had put up. The verification showed that it was indeed the 15-year-old’s bike.
During questioning, the accused quickly became embroiled in contradictions. "At first he said he had bought the bike in a bike store. Then he said he got it from a friend", described a policeman in the witness stand. And finally the accused conceded that it was not his own bike that was involved. "He then said that he had found the bicycle on the way to mainleus", the policeman said.
The defendant, who was represented by lawyer werner brandl, stuck to this version in court. Through his defense lawyer, he said that he had found the wire donkey, but "only" have not handed in. He denied that he could have broken the lock and spray-painted the bicycle as well.
The accused had a financial bottleneck at the time, because he no longer received sick pay and did not have a valid residence title, and that was the only reason why he did not hand over the bicycle, said brandl. "I know that was a mistake", affirmed the defendant himself.
The prosecution liked the charge of "theft in a particularly serious case" though fall. Judge sieglinde tettmann sentenced the 48-year-old to four months in prison for embezzlement.
Several times previously convicted
One reason for the harsh sentence: the 48-year-old already has six entries in the federal central register. Tettmann made it clear that the defendant had been convicted of fraud, premeditated drunk driving, several counts of theft, but also of insult, trespass, aiding and abetting theft and threatening with weapons. Moreover, he was under guard.
Currently, the man has no residence and no work permit. "I think that a fine is no longer sufficient", said the representative of the prosecutor’s office.
Judge sieglinde tettmann followed this assessment. "I don’t see a favorable forecast either", she said, calling the defendant a "preservation failure".