Criminal conviction for attempted murder in legal concurrence with bodily injury

The Federal Court of Justice (5th Criminal Senate) rejected the defendant's appeal as unfounded, upholding the conviction of the Landgericht Flensburg but correcting the legal classification of the offense from intentional bodily injury to attempted murder in legal concurrence with bodily injury, thereby leaving the substantive sentence unchanged and ordering the defendant to bear the costs of the appellate proceedings and necessary expenses of the civil parties. The dispute concerned the appropriate criminal characterization of the acts charged in the first-instance judgment, which was challenged on grounds of erroneous legal application. The decisive legal basis was the determination that the factual circumstances established by the lower court met the statutory elements of attempted murder under German criminal law, necessitating a specific amendment to the *Tenor* (operative part) of the judgment to reflect this heavier offense in concurrence, despite the overall rejection of the revision.