Facts
The appellant [X.] was convicted by the District Court of Zurich of attempted aggravated assault and sentenced to a custodial sentence of 3 years, of which 21 months were suspended, as well as an expulsion from the country for 7 years. On appeal by the appellant and the public prosecutor, the High Court of the Canton of Zurich reduced the custodial sentence to 30 months, of which 20 months were suspended, and the expulsion from the country to 5 years. The appellant had struck the victim [A.] on the head with a broken glass bottle in front of a bar on April 19, 2017, causing a traumatic brain injury and a laceration/contusion wound to the temple. Previously, the victim had struck the appellant in the bar without cause and verbally attacked him.Considerations
The Federal Supreme Court upheld the conviction of the appellant for attempted aggravated assault. It found the factual findings of the lower courts to be convincing and recognized that the appellant had acted at least with conditional intent. The Federal Supreme Court did not see a situation of self-defense or excess of self-defense, as the attack by the victim had already been completed at the time of the strike with the glass bottle, and the appellant had obviously prepared for a further…