The man, known only as Daniel A, was accused of raping and strangling his 28-year-old girlfriend, known as Sou Ken T, on April 14th 2009, before falling asleep next to the body, online news website Blick reported.
The prosecution hoped for 12 years imprisonment for the crimes, but Judge Petra Venetz found that the rape could not be proved so ruled instead for a sentence of eight and a half years. She has also directed that the accused seek psychotherapeutic treatment.
Although considerable damage to the genital area was noted, the autopsy report was unable to find sufficient proof to show that the sexual acts had been performed on Sou Ken T against her will, online news website 20 Minutes reported.
Daniel A confessed twice to the crimes, but later withdrew both statements, Blick reported. Despite the confessions, Daniel A pleaded self-defence, claiming that his girlfriend had gone wild, trying to rip off his clothes and rape him.
“I had to defend myself,” he said.
Daniel A claimed he was knocked unconscious in the struggle by a falling lamp. “From then on, I knew nothing more,” he said, in an attempt to explain why police found him lying next to Sou Ken T’s body.
Sou Ken T’s family is shocked by the verdict, which could mean that Daniel A. is set free within three years if he behaves well.