Criminal appeal dismissed; inclusion of prior convictions in sentencing under § 349 Abs. 2 StPO

The Federal Court of Justice (BGH), 2nd Criminal Senate, dismissed the defendant's appeal as unfounded, thereby upholding the conviction of the Regional Court of Aachen and including specific prior judgments from the Local Court of Aachen and the Regional Court of Aachen in the final sentencing calculation. The dispute concerned a criminal case where the defendant challenged the first-instance verdict, but the General Public Prosecutor’s office argued the appeal lacked merit. The court relied on § 349(2) Code of Criminal Procedure (StPO) to affirm the lower court's findings, explicitly modifying the operative part to incorporate related prior convictions from 2017–2019 into the aggregate sentence. The appellant was ordered to bear the costs of the legal remedy.