The district court in Meilen ZH heard a case in which a 37-year-old man physically attacked an employee of a restaurant last October.
The attack occurred after the employee had pointed out to the guest that other guests were complaining about noise. The 37-year-old reacted aggressively, punched the janitor, who was responsible for room cleaning and service, several times in the face with his fist and put him in a headlock.
When the victim fell to the ground, he was beaten further, reports theTages-Anzeigernewspaper from the court hearing. The kicks to the face, which the victim described after he had lowered his protective arm, were particularly brutal. He lost a front tooth in the process.
Victim is conciliatory
The 50-year-old victim told the court that the attack was completely unexpected. Nothing had happened between him and the accused, a permanent tenant in the pub, beforehand.
Despite the violence he had suffered, the victim was conciliatory. The accused had apologized before the trial and regretted his actions, which the victim accepted. The attacker admitted to being heavily intoxicated and admitted to the punches. However, he denied the kicks. His defence lawyer argued that there was insufficient evidence of the kicks and that the court should therefore rule in his client's favour.
However, the public prosecutor saw the case differently and demanded a 16-month prison sentence with a three-year probation period, as the Tages-Anzeiger newspaper writes. He emphasized that the victim could have suffered serious injuries such as a fractured skull as a result of the kicks.
The court ultimately surprised everyone and ruled more severely than required, imposing a prison sentence of 24 months, of which nine months must be served. In addition, a fine of 160 daily rates of 30 francs each was imposed.
The sentence was also passed because the accused already had a criminal record and had also put up a fierce resistance to the police. The judge made it clear: "The sentence is not harsh, but fair."