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The demands could not have been more different. Lawyer marc brab sought acquittal for his client, prosecutor dominik heike did not see it that way at all. The appeal against a penalty order should have its tucks.

A 51-year-old man from ebensfeld was fined 1,600 euros for telling a policeman on the phone that he was a blind man and what he wanted from him. What made the circumstance special was that the sentence came over the son’s phone. Only it was the policeman who held this in his hands.

Fade in: the 27. August 2018 was a warm day. Against 20.52 o’clock he experienced in the family of the 51-year-old still heating, because it came to a family quarrel. In the end, the police were also called to the dialog, but the ebensfelder had already left. This is how the police tried to contact him via his son’s telephone.

From here on, the declarations diverged. The father explained that he was referring to his son when he said "blindganger," and the police officer said that he had first introduced himself, but was then confronted with the suspicious sentence. Judge alexander zenefels pointed out to the father that the sentence is always an insult, even if it was intended for the ears of the son. "Did you also say ‘du blindganger’ to your son??", inquired zenefels. "In any case, because I can’t reach the young one at the moment", so the answer of the asked.

But who was to be believed now – the person receiving the punishment order or the policeman?? During the trial, while leafing through statements made to the police, zenefels came across passages in which the 51-year-old explicitly comments on what a police officer has to take into account when making a report on the phone: name, duty number, rank, etc. "Your client gives you pages and pages of information on how to apply", so the judge addressed to brab. It was precisely because the police officer did not introduce himself clearly, according to the lawyer, that the misunderstanding occurred.

The police officer firmly excluded that it was a misunderstanding. At the time, he was looking for contact with the 51-year-old because there was a rumor that he had been slapped in the face by his wife. The background to this, in turn, is said to have been that the ebensfelder printed his wife against a gelander and spat at her. "This is the police lichtenfels, I said, and he told me: ‘what do you want from me, you blind goer’. He was just screaming and in a rage."

800 euro was the amount of the penalty order before the verdict was pronounced. After the verdict it amounted to 1650 euro. Thus judge zenefels was even 50 euros above the demand of prosecutor heike.

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