According to the Court of Appeal, it was a serious injury to health resulting in death, not a murder, as the Ostrava Regional Court, against whose verdict the defendant appealed, qualified. “We annulled the judgment of the court of first instance in full and we newly ruled that the accused committed a particularly serious crime of grievous bodily harm and as a result of death,” Stanislav Cik, a spokesman for the High Court, told Práva.
–
“The attack was carried out at a considerable intensity, but not at the maximum intensity, which would lead to devastating injuries to the victim’s torso,” said Jaroslav Holubec, chairman of the Senate of the High Court. According to the court’s verdict, the three survivors will receive 450,000 crowns in compensation and the minor daughter 800,000 crowns.
–
The act took place last July 5 after 8 p.m. Hanzl came to Orlová with his girlfriend to visit his relatives. In the evening they went to a restaurant. There, weighing 120 kilograms, the defendant attacked one of the guests, a much more subtle figure. According to the indictment, he grabbed the 37-year-old man by the shoulders with both hands and yanked him back from the bench to the ground.
–
“When the victim was lying with his head on the concrete pavement, he first kicked him in the body and then stomped his right foot on his head and neck about three times. The victim suffered, for example, swelling of the brain and dislocation of two cervical vertebrae with subsequent bleeding into the brain, “the prosecutor said in the indictment. Damaged as a result of the injuries inflicted on him by the attack, he died.
–
He doesn’t remember anything
“We were quiet in the garden when another man sat down after the communication between the tables. We talked about different things, but then suddenly he became annoying and had different allusions. I challenged him several times to leave, to which he did not react, “Hanzl stated earlier.
–
That’s why he allegedly paid at the bar to leave with his friends, but he still returned to the table. “He said something digging again, so I got up to take him out. He fell and said to me, “What are you doing, motherfucker,” which pissed me off. Then I just remember that I had a terrible headache and I’m talking to a police officer, “the defendant added, adding that he did not intend to kill anyone. “I’m very sorry about what happened,” Hanzl said in the High Court.
–
One of the women present at the scene of the incident told investigators that she had seen the end of the incident and saw the man raise his leg to a height of about twenty centimeters and then stomped on another man’s head with all his might. “Then I learned that he had stomped several more times before. The attacker then went to sit at the table, where he smoked and then shouted: Let him lie down, buzeranta, he is simulating, “said the woman.
–
Another witness said there was nothing before the attack that there was a dispute. She, too, noticed the shouts from the assailant’s desk and the laughter of the woman sitting with the assailant, “She laughed stupidly,” she added. She, too, claimed that there were several stamps on her head.
–
While, according to both the plaintiff and the agent of the victims, it was an insidious attack on an unsuspecting man who did not defend himself and demanded that the act be classified as murder, the High Court came to a different view. “We concluded that the evidence did not clearly indicate the defendant’s understanding that he could kill the victim by the attack,” Cik stated.
—
