Poing / Ebersberg – child porn on mobile phones: Investigators inadvertently leave decisive evidence to the accused

Fist – There was a shaken degree of confusion in a trial of a child pornographic video on Tuesday before the Ebersberg District Court. A 35-year-old Bulgarian who lived in Poing at the time had forwarded a 38-second video from his mobile phone in 2019, according to the criminal investigation department and the public prosecutor’s office. A three-year-old boy can be seen doing a sexual act alone.

Evidence agency sends the wrong smartphone to the court

The cell phone that the evidence agency had delivered to the court as evidence was the wrong one. As judge Vera Hörauf found out, the defendant mistakenly got the phone with the video in question back from the investigators. “It’s at home,” said the man. He had lodged an objection to the penalty order in the amount of 3600 euros – he saw the video for the first time at the police station and certainly not sent it.

The fact that a total of 26 devices had been seized made things even more unclear – during the house search in Poing “many people were present” and it was “confusing,” said a criminal investigation officer. An IT forensic scientist who had evaluated the data on the devices finally identified seven illegal files: child pornographic images or videos – one of them on the smartphone, which the defendant had admitted belonged to him.

The evidence is still enough for the judge – after all, the defendant gives in

That was enough for the judge for a conviction, she left little doubt about that. The IT forensic scientist also emphasized that it is extremely unlikely that such a video will unintentionally end up among the files sent by the WhatsApp messaging service. The defendant did not say whether others had access to his cell phone – depending on an interpreter, he did not always seem to be at the height of the proceedings.

In the end, the family man, who is now in Freising lives to accept the punishment. Because he was on short-time work as an airport employee, he only contradicted the amount. Partly successful: The judge reduced the penalty of 90 daily rates from 3600 to 2700 euros. According to the police, it was not possible to determine how the video got onto the cell phone and who the recipient of the transfer was.

All news from Poing and the district of Ebersberg at Ebersberger newspaper.

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