It is said to have been a joke: a family man from the southern district was found guilty on Tuesday of distributing child pornography. The 32-year-old sent a video with child pornography content to a group of friends on Facebook in mid-2018. He had previously come across this in another Facebook group, said the man in front of the Ebersberg district court.
The said recording shows two men abusing a child under the age of 14. In one scene, a scream can be heard – for the court, a “scream of pain”. The defendant, on the other hand, did not interpret it as such, even describing it as “funny”.
The accused speaks of “gallows humor”
In his defense, the accused emphasized that the group of friends shared a certain “gallows humor”. So they sent each other a lot of “funny” videos. What the accused and his friends find on the Internet: For example, when burglars are caught in the act due to a mishap.
He quickly became aware that the child pornographic video apparently exceeded the limits of humor: After Facebook blocked his account and reported the incident, he was soon to be visited at the police station.
Prosecutors expressed doubts that the video was forwarded because the man found it funny: was it really just a tacky joke? Or was the forwarding done for other reasons?
The public prosecutor is asking for a suspended sentence
After a thorough questioning of the prosecutor, the accused assured that something like this would not happen again. It was an ill-considered mishap, which he now regrets, he said. Especially since he has a responsibility to his family. The monthly income not only supported his children, the parents also received a regular share.
The public prosecutor’s office showed little sympathy for the crime and demanded a six-month suspended prison sentence. A penalty that is on the lower end of the range recommended by law: three months to five years imprisonment are possible for the distribution of child pornography material.
A reason for the defendant to breathe a sigh of relief. A suspended sentence could allow him to continue working as a truck driver. However, since the next penalty order for violating the Narcotics Act is on its way to him, the probation could become invalid.
“The prosecutor’s request is justified,” said the judge. Nevertheless, the confession, the remorse and the thought process that took place speak for the accused. The previously flawless certificate of good conduct and the fact that the incident happened four years ago also had a mitigating effect.
Therefore, a fine of 150 daily rates of 50 euros and the assumption of court costs is an appropriate penalty. “It is set up so that you can continue to support your family and your parents,” the judge said. Nevertheless, it should now have been made clear to him that he should work on his sense of humour. The defendant accepted the verdict and showed himself to be understanding.
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