Local Court Neumarkt (Oberpfalz) in the criminal case against— Lopata, Jan, Polish farmhand in Bodenhof at present under arrest pending trial for assault, in its public session on 28 April 1942 in which took part:
1. Local Court Judge Egger
2. Public Prosecutor Durchholz, as counsel for the prosecution
3. Inspector Fuchs, as Registrar
V.R.A. 163/164/42
On the basis of the trial—Lopata, Jan, born 24 June 1916 in Kajscowka, District Myslenice; parents: Michale and Anna Lopata, née Mosul, single, Polish farmhand, at present in arrest pending trial, is sentenced to an imprisonment of 2 years in a prison camp for the crime of assault according to article 185 of the Penal Code together with a violation according to section 1a, 7 of the Police Regulation of the Governor in Regensburg, 28 May 1940, No. 1032 f 47; and of 23 December 1941, No. 1032 f 48, section 44a of the Police Penal Code, both in connection with articles III and XIV of the penal decree for Poles of 4 December 1941,[500] Penal Code I, page 759, and to a fine of 35 RM—and in default of payment an additional week in prison camp, and to the costs for the trial and for the execution of the sentence.
FINDINGS
The accused who is a Pole and who on 1 September 1939 was resident at Kajscowka in the district of Myslenice in Poland was employed as an agricultural laborer by the farmer Therese Schwenzl at Bodenhof in the parish of Muehlen. In the beginning of February 1942, Mrs. Schwenzl together with the accused and a Polish maid were cutting chaff. The accused stood to the right of the chaff-cutting machine. Without saying anything he suddenly touched Mrs. Schwenzl’s genitals through her dress. When thereupon she said: “You swine, you think nothing terrifies me. You think you can do that to me because my husband is sick.” The accused just laughed and repeated his action. At this Mrs. Schwenzl slapped his face. In spite of this he did it again. Finally, he had a quarrel with the Polish maid and did no longer molest the farmer’s wife.
On 8 February 1942, the accused left his place of employment without permission and was arrested on 9 February 1942 when calling at the employment exchange at Neumarkt/Oberpfalz.
The circumstances are proved by the absolutely trustworthy statement given by the witness Mrs. Schwenzl under oath. The stubborn denial of the accused is disproved by statements made by the witness.