Dispute escalates: Cheekbone bruise and strangulation trauma – verdict for intentional bodily harm

Created: 01/12/2023, 18:00

Two men had to answer for dangerous bodily harm before the district court of Miesbach.

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A dispute after a funeral in Miesbach led to fisticuffs.

Two of those involved have now been convicted by the district court of intentional bodily harm.

Miesbach

– A funeral is a serious matter.

The get-together that follows is often all the more cheerful.

Such a celebration came to a drastic end in May 2022 in Miesbach.

Two of those involved now had to answer to the district court for dangerous bodily harm.

One of the two, a 50-year-old employee, is said to have verbally abused a 28-year-old from Miesbach outside a tavern.

Various types of defamatory expressions were quoted during the hearing. The 28-year-old then complained to the landlady, but then returned to the table, whereupon he is said to have been insulted again.

Different accounts in court

For his part, the 28-year-old replied with an angry tongue, with two swear words flying back and forth alternately.

Then the defendant is said to have hit his opponent in the face with his fist.

His previously uninvolved brother (58) is said to have grabbed and choked the victim.

He called out: He only let go when the other could not say anything more.

The 50-year-old said he and his brothers did not join the official funeral feast, but celebrated it separately in a different restaurant.

The 28-year-old later appeared with an acquaintance, a 56-year-old from Miesbach.

However, the following argument was different: "I only called him 'idiot' once and said he should swing." The 28-year-old called him and his brothers several times with a word that they considered an attack on their honor would have rated her mother.

But he never struck, the Miesbacher asserted.

He also did not choke the victim, but only put him in a headlock, added the co-accused brother.

He may have sustained his injuries when those fighting were separated from other guests.

Several pints in the game

The accusation that he had exploited the deceased led to a discussion, the victim said.

Then the 50-year-old would have “pulled in” another friend.

He always said that the 28-year-old was a good-for-nothing.

Then his collar burst.

With the word, which the brothers interpreted as an attack on their mother, he did not intend to insult the mother herself.

After the punch, the 58-year-old squeezed his throat so that he couldn't breathe: "I was afraid for my life."

The landlady, who did not witness the dispute, refused to call the police to avoid a stir.

He then called himself on his cell phone.

A doctor's report documented that he had suffered a bruised cheekbone and choking trauma.

The 56-year-old acquaintance could not remember every detail, but he could remember the punch.

However, the 28-year-old had often verbally derailed in the restaurant.

A waitress confirmed this.

Each of the brawlers probably had about five pints of beer, she reported.

fine imposed

The court assumed intentional bodily harm.

While the prosecutor demanded fines, both defense attorneys pleaded for acquittal.

It was an act of affect and self-defense as a result of the violation of honor.

Judge Walter Leitner saw things differently.

The 50-year-old got away with 60 daily rates of 60 euros each, his brother with 50 times 50 euros.

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