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In august 2017, a 36-year-old man from kulmbach was sentenced to two years and six months imprisonment by the bayreuth regional court for the commercial trafficking of narcotics, in particular crystal meth. The defendant was caught illegally importing the drug from the czech republic to germany and was brought before a magistrate. Until the main hearing, the defendant was not in custody, which he took advantage of to continue selling crystal, even though he was now under investigation. Because of this additional trade he had to answer for himself on tuesday morning before the kulmbach district court.
The defendant, who has been imprisoned in bayreuth prison since march, was charged with seven counts of dealing in narcotics between april and september 2017, each time allegedly selling about half a gram of crystal, each worth around 50 euros, to the same buyers at the mainleus train station.
The defendant confessed from the start, which judge nicole allstadt and prosecutor daniel gotz interpreted in his favor. "The defendant’s confession is worth something because it was made right at the beginning of the trial", said the prosecutor, pointing out that it was difficult to determine whether the defendant had in fact still been dealing in crystal after he had been convicted by the bayreuth district court.
"However, it does not depend so much on the number of individual cases, but on the overall assessment of the offences." Also by the small profit margin no relevant source of income for the accused is to be determined. However, prosecutor gotz described the defendant’s behavior as rather brazen, to continue with the sale of crystal, although the defendant knew that a procedure regarding this would come upon him. "At the latest he had to pull the reibleine."
Since the questioning of the witnesses did not provide any clear evidence either, he applied to judge allstadt for the proceedings to be discontinued with regard to all acts that were committed after the 11th day of the trial. August 2017 were allegedly committed. Furthermore, he requested that the penalty be extended to a total term of imprisonment of three years, taking into account the bayreuth verdict from the previous year.
Defense attorney johannes driendl argued for a total prison sentence of two years and ten months. Judge nicole allstadt finally found the golden mean and sentenced the defendant to a total term of imprisonment of two years and eleven months for the unlawful trafficking of narcotics.
"Your actions were so brazen that you can’t just stop the proceedings here.", she explained, even though the defendant had no criminal record before he was sentenced last year. "From the prosecutor’s motion, the schoffen and i jerked down another month because we generally got a positive impression from them, they were cooperative." She wished the accused, who is a father of several, all the best for therapy.