From a "snap idea was said several times, even if the stolen goods consisted mainly of beer crates filled with lemonade and cola-mix. For a 23-year-old man from kulmbach, this "booze idea" has now but bose follow. He was sentenced on thursday in the district court to five months imprisonment without parole.
All in all, he will probably have to serve two and a half years, because the assistant worker still had an open custodial sentence of two years for possession and trafficking of drugs.
"To imprison or not to imprison", that was the main question for judge sieglinde tettmann. Actually, it was only a few crates worth just under 150 euros that he and a colleague had stolen from the premises of the kulmbach brewery in gummistrabe. For this you actually do not come into the prison.
A lot on the plate
But the young man had more on his plate. In 2017 he had already been sentenced to a fine for damage to property, then in 2018 for the first time on a drug charge, and finally in 2019 by the regional court in bayreuth to two years for drug possession and trafficking in a not insignificant amount and in a variety of cases. For three years he was not allowed to be guilty of anything, he was told in front of the judge in bayreuth, but less than three months later the theft of the crates took place and he committed another crime.
In addition, the 23-year-old was employed by the brewery as a warehouse helper together with a 46-year-old man from the district via a temporary employment agency. Sometime between christmas and new year’s eve 2019, at midnight, the two of them came up with the idea of taking the limo and the spice box for themselves and loading them into their own car.
No sooner said than done: they took a lift truck, loaded it up, the colleague drove it to the turntable, the defendant took the boxes from auben and stowed them in his truck.
The two had not counted on the attentive security guard. He immediately called a colleague and finally the police. The trunk was full, the back seat of the vehicle was even folded down and there were more boxes on the pallet truck, said the man from the security company.
Not a wink of an eye
He and his colleague were asked by the two if they could not turn a blind eye if they put everything back, but they did not agree to this.
As a result, both manner were dismissed without notice. The proceedings against the colleague have been discontinued in the meantime against payment of a fine.
The defendant expressed regret for the crime, but tried to put it into perspective by saying that his former employer had allowed him to take two crates with him every week as a matter of course. "I thought it was the same there", he said. Why he had then loaded the entire car at midnight, he loved openly.
High criminal energy
The representative of the public prosecutor’s office had demanded the five-month prison sentence that was ultimately handed down. The reason for this is the unfavorable social prognosis due to the high criminal energy.
Defense lawyer johannes driendl from bayreuth, on the other hand, requested a fine of 50 daily sentences of 1500 euros each. His client was working on the project and was well aware that he had not been allowed to do so. In addition, all of the stolen goods could be recovered.
Judge tettmann did not agree. The previous sentences, especially most recently the two years on probation, have clearly not gone down well with the defendant, he says. There was no other way to explain that the young man, acting in concert, had reoffended so soon after his conviction.