Criminal revision: rejection for lack of legal error and appellate amendment of sentence

The Federal Court of Justice (BGH) dismissed the defendant's appeal as unfounded, thereby upholding the Landgericht Kassel's conviction, but ordered the sentence for the specific offense detailed in Part II.7 of the judgment to be revised to an eleven-month term of imprisonment; the defendant is further ordered to bear the costs of the legal proceedings and the necessary expenses incurred by the victim. The dispute involved a criminal appeal against a first-instance judgment, where the appellant challenged the lower court's decision without identifying errors adverse to his position upon judicial review. The ruling rests on the doctrine that an appeal fails if the re-examination of the facts and law reveals no legal error detrimental to the defendant, subject to the appellate court's independent authority to correct sentencing discrepancies within the scope of the appeal.