Man attacked wrong person with broken bottle after hotpot-flipping fight at Korean restaurant; gets jail
Still angry from the fight, the man attacked someone standing outside the restaurant with a broken soju bottle, but it turned out to be a case of mistaken identity.
The incident occurred at the Hansing Pocha Korean restaurant in Neil Road. (Screengrab: Google Street View)
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SINGAPORE: A man was sentenced to six months' jail after he struck someone with a broken bottle, thinking that the person was part of a group that got into a fight with him earlier in a restaurant.
Marcus Phua Han Sheng, a 30-year-old Singaporean, pleaded guilty on Monday (Jul 15 ) to voluntarily causing hurt with a weapon.
The court heard that Phua was dining with friends at Korean restaurant Hansing Pocha in Neil Road on May 28 last year.
His group of friends had an argument with another group dining there, and Phua initially tried to mediate the situation and prevent a fight.
However, a fight broke out anyway at about 7am. Phua flipped a hotpot at a man from the other group, and the group retaliated by hitting Phua multiple times.
Staff members and Phua's friends intervened to break up the fight and the other group left the restaurant shortly after.
Phua was still incensed, the court heard. He seized a soju bottle, smashed it against a table to create a jagged surface, and walked out of the restaurant.
When he exited, he saw a man standing outside the restaurant entrance, dressed similarly to some of the people in the opposing group.
Mistaking the man for a member of the other group, Phua struck the victim over the side of his head with the broken bottle, leaving facial lacerations over the man's forehead, cheek and ear.
The victim had to get sutures for his cuts and was given nine days of medical leave.
Phua had originally faced another charge of causing hurt by toppling hotpot contents onto another man, but was given a discharge amounting to acquittal after plea negotiations.
The prosecution said Phua felt remorseful and paid the victim's medical bills of S$4,857.10 in full a month after the accident.
As the victim did not want to follow up with treatment, there is no further evidence on his condition.
The prosecutor sought six to eight months' jail for Phua, noting his remorse and voluntary restitution, even though he knew he could still be charged after making payment.
As he indicated his wish to plead guilty as soon as the prosecution was ready for his plea, the prosecutor added that Phua is entitled to a reduction in his sentence of up to 30 per cent.
MITIGATION
Defence lawyer Riko Isaac from Amolat & Partners asked for three to four months' jail instead for his client, who is a director of a company.
Mr Isaac said his client's involvement stemmed from his initial intention to mediate the dispute and clarify the misunderstanding between the two groups.
Phua did not intend to become embroiled in any physical altercation, but unfortunately lost his temper as tensions escalated and "reacted disproportionately to the situation", said Mr Isaac.
He said his client had mistakenly assumed that the victim was part of the group that had attacked him and "impulsively decided to retaliate".
Once he realised it was a case of mistaken identity, Phua ceased his attack on the victim, said the lawyer.
Phua also remained at the scene and provided full cooperation to attending officers, said Mr Isaac.
Since then, Phua has realised the gravity and seriousness of his actions and harm caused to the victim.
Mr Isaac said Phua was also injured in the incident and is unable to flex his little finger after a tendon was completely lacerated.
For voluntarily causing hurt with a weapon, he could have been jailed for up to seven years, fined, caned, or given a combination of these punishments.
