He injured him so badly that the man only survived through emergency surgery. The 25-year-old attacker had to answer for attempted murder on Wednesday, but the jury decided on intentional grievous bodily harm. The defendant was not legally sentenced to six and a half years in prison.
There were three prisoners in the cell: the defendant, the victim and another man. When an argument broke out between the other two and they both threw water around, the accused wanted to call the judicial guard. But no one came. He apparently felt threatened, broke two mirrors and armed himself with sharp shards. “He kicked me in the chest and I slashed him,” is his brief description. “Did you want to kill him?” asked Judge Michaela Lapanje. “No,” came the answer.
Prosecutor Johannes Winklhofer described that the stabs in the neck, chest and upper abdomen narrowly missed the carotid artery. During the emergency operation, part of the lung had to be removed. “The mirror shards are deadly weapons,” emphasized the prosecutor.
The defense attorney, however, said it was self-defense. “What motive would he have had for murder?” he asked. “There were two of them and they could have done anything,” said the 25-year-old. “Was there another attack – apart from the kick – from either of them?” the judge asked, which the defendant denied. “Could it be that you got kicked because the other person was already afraid and just wanted to keep you at a distance?” the prosecutor threw into the room.
“Intentionally stupid”
Among the witnesses who were still to be heard was the third prisoner at the time, who has now served his sentence. He did not appear at the trial, but said when questioned that he had not heard anything about the bloody act. “He intentionally acted stupid,” stated the public prosecutor. The victim also did not appear and his statements were also read out. “He aimed correctly and wanted to kill me,” the man was convinced. According to his own statements, he still suffers from pain.
The lay judges found that the attack was not an attempted murder, but an intentional grievous bodily harm. The defendant was sentenced to six and a half years in prison. The judgment is not final.
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