Burgstaller-Attacker Received a 16-Month Suspended Sentence in Vienna

The 23-year-old requested time to consider, and the prosecutor accepted the verdict.

The defendant confessed remorsefully. "I plead guilty, and I am sincerely sorry," he said. In his closing statement, the 23-year-old, who according to his own statements has no interest in domestic football but is a Real Madrid fan, addressed the supporters of SK Rapid: "I want to apologize to the Rapid fans for the worry and stress I caused." He also apologized to "Mr. Burgstaller's environment," as he put it.

The prosecutor initially spoke of an "unfortunate fall incident" during the trial. The defendant did not intend for Burgstaller to fall to the ground and suffer a skull fracture. The injury occurred "only due to the fall, not the punch itself," the prosecutor emphasized. The incriminated punch was an "excessive overreaction in the course of a relatively insignificant, non-aggressive confrontation."

"Fateful blow that has profoundly changed two lives"

Defense attorney Klaus Ainedter emphasized afterward that it was a "rash reaction." It was a "fateful blow that has profoundly changed two lives." The diversionary resolution suggested by Ainedter was "not indicated" for the judge, as he emphasized, referring to the consequences of the act as well as general and special preventive reasons.

The defendant was therefore convicted of serious bodily harm and received a suspended sentence in the lower third of the sentencing range, which carries a penalty of six months to five years. "In court, everyone is equal," the judge emphasized in the verdict. Therefore, it should not matter in the sentencing whether the punch hit "Burgstaller or someone unknown." The 23-year-old's previous good conduct, his remorseful confession, and his willingness to make amends were considered mitigating factors.

The pain compensation rate calculated by the forensic expert, amounting to 4,200 euros, was handed over in cash by defense attorney Ainedter to Burgstaller's legal representative Nikolaus Rosenauer in the courtroom. With his additional compensation claims amounting to around 80,000 euros, which also included loss of earnings, Burgstaller was referred to civil court by the judge, as was SK Rapid. The record champion, whose managing director Steffen Hoffmann was present at the trial according to a "Kicker" journalist assigned to report, had joined the proceedings with an amount of 60,000 euros.

"Someone who makes a mistake once doesn't need to be put in prison," the judge explained regarding the conditional suspension of the sentence. Moreover, the man had already felt the burden of imprisonment. The 23-year-old spent two weeks in pre-trial detention. On the second day in prison, the worker was summarily dismissed, but he has since found at least part-time employment again.

"Was shocked when he fell to the ground"

"I cannot explain the knee-jerk reaction to this day," said the defendant during his interrogation. He had initially pushed Burgstaller, who had not behaved aggressively, and then punched him in the face with his left fist. The 23-year-old is right-handed. "I was shocked when he fell to the ground. I was overwhelmed by the situation and ran away," the defendant stated. He emphasized that he generally does not have an aggression problem: "Something like this has never happened to me and will never happen again."

The altercation between the 23-year-old and Burgstaller occurred for a trivial reason. There was no sporting or football-related background. Burgstaller's girlfriend had asked the 23-year-old and another man for a light for cigarettes at 6:00 a.m. in front of the disco, while Burgstaller and a Rapid teammate were negotiating with a taxi driver about the fare for the ride home. When the companion of the 23-year-old gave the young woman a rose, which he had bought from a passing flower seller, Burgstaller allegedly approached with the words "What do you want from her?" According to the forensic report, Burgstaller was significantly intoxicated with a blood alcohol level of 1.68 per mille.

A verbal altercation arose between the footballer and the 23-year-old. Subsequently, the 23-year-old pushed or shoved Burgstaller, which is documented on a video from a surveillance camera that was played during the trial. At that time, the Rapid striker had both hands in his pockets and retreated after the shove by taking one or two steps back. The 23-year-old then punched the kicker in the face with his left fist, hitting the right side. The 23-year-old allegedly was not aware that the person he hit was a striker for SK Rapid. However, the defendant's father is a Rapid fan.

Burgstaller: "I can't smell anything, I can't taste anything"

According to the forensic report, Burgstaller suffered a burst fracture of the skull as a result of the fall. This was associated with contusions of the cerebral cortex in the area of both frontal lobes and the left cerebellum, which were accompanied by bleeding between the meninges. Additionally, there was a trauma-induced left-sided inner ear hearing loss, which was still objectively measurable in a hearing test at the beginning of February.

"I can hardly remember the incident itself," stated Guido Burgstaller as a witness. He "woke up in the hospital," received his salary from Rapid for another eight weeks, and then no further payments. In the meantime, he had started rehabilitation and light training, but there was still "a risk" with "tackles and physical contact." "Physically and motorically, I'm doing very well. I have other problems," Burgstaller replied to the judge's question about his current condition. When asked what he meant by the latter, the striker answered: "I can't smell anything, I can't taste anything." It could take up to a year "for that to come back. It may come or it may not." He also had problems with his eye, as the retina had detached.

Burgstaller declined apology

The defendant wanted to apologize to the Rapid striker after his questioning. Burgstaller declined this as well as a conciliatory handshake, which the defense attorney Ainedter requested on behalf of his client.

(APA/Red)

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