No attempted murder – stabbed son in dispute: four years in prison

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A 66-year-old alleged to have attempted to murder his son in Hofkirchen an der Trattnach in Upper Austria in early January was eventually sentenced to four years in prison in Wels on Friday. He had stabbed the 34-year-old three times in the stomach, which is why prosecutors had reported attempted murder. The heavily drunk men had gotten into an argument before the knife attack, the reason for this: music that was too loud.

On the first day of the June 3 hearing – the Krone reported – there were still questions about self-defense and withdrawing from the attempted murder. These were included in the extensive questionnaire for the jury on Friday.

The two men clashed again on January 5, this time over loud music. The prosecutor spoke of a generally “difficult father-son relationship” and also said that the victim was “not a popular figure” and, according to the father, had “crossed the border several times”. Favored by the heavy consumption of alcohol, the situation escalated, suddenly the suspect stabbed the son three times in the stomach with a “full force combat knife”. He lost 1.5 liters of blood.

Prosecutor saw clear intention to kill
The prosecutor actually had a clear intention to kill. Statements in court like “I panicked and stabbed” would prove this. According to the victim, he would have shouted “die you bastard, you’re going to die”. There is no evidence that the 66-year-old only wanted to defend himself because he was physically attacked by the 34-year-old.

And that the defendant, after seeing his son lying bleeding on the ground, named his wife, who is divorced from him, could be interpreted differently, according to the public prosecutor. Because even if in the phone call he said that the woman should call the rescue service and the police, he also stated that he had killed the son.

However, to the defense attorney, this phone call was an indication that he had withdrawn from the attempted murder. After all, his client set the rescue chain in motion. When the ambulance arrived, he had already put the seriously injured man in a recovery position and fetched a glass of water. Without help, the 34-year-old would have died, the expert had also explained.

The jury also found that the father “only” deliberately seriously injured the son. Both the prosecutors and defense lawyers accepted the verdict.

Source: Krone

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