Trial in Innsbruck – Shot with three promille on the balcony

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A 38-year-old German probably gave his neighbors a good scare on New Year’s Day. The man fired several shots with an empty pistol from an apartment in Innsbruck. Now he was before the judge.

The incident took place on the afternoon of January 1 around 4 p.m. and culminated in a Cobra operation: the German – who lives near a large cinema in Innsbruck – grabbed the gun on the balcony of his apartment and pulled the trigger. “I had the gun over my head and I shot upwards,” he explained, also assuring that he did not want to scare or even threaten anyone.

“I just wanted to shoot again on New Year’s Day,” he justified himself, also explaining that he had been drinking a lot since lunch with a friend.

Almost three in a thousand alcohol in the blood
The man, who pleaded “partially guilty” at the start of the trial, eventually admitted that firing the blank gun was a “major mistake.” “Normally I’m a rational person,” he added, blaming his actions on significant alcoholism.

“It was almost three per thousand,” judge Helga Moser said in his direction when he could no longer remember this number.

The exact position of the weapon remained unclear
Two police officers interviewed as witnesses were eventually asked to clarify how the man had actually held the gun. “I think he was holding the gun horizontally,” one officer said, while the other said he fired the gun above his head.

“But in the end it doesn’t matter,” the judge intervened when the suspect asked the second police officer questions about this. “You did something wrong,” she said. Somehow ‘shooting’ is not allowed in the city and the man has already had to undergo sanctions for this: the weapon was confiscated from him and a weapons ban was imposed on him.

Acquittal due to lack of “intention”
Nevertheless, Judge decided to acquit Moser. “The alleged dangerous threat requires an intention,” she said, justifying the acquittal, which is already legally binding. The said ‘intention’ could not be established in this case and therefore ‘in case of doubt’ a decision had to be made in favor of the previously innocent suspect.

Source: Krone

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