Rejection of revision due to appropriate sentencing where lower court offsetted threat of suspended sentence revocation

The Federal Court of Justice (6th Criminal Senate) dismissed the defendant's appeal against the Landgericht Stendal's judgment, thereby upholding the lower court's conviction and sentencing the defendant to bear the costs of the legal remedy. The case involved a criminal prosecution for drug trafficking, where the appeal challenged the underlying legal characterization of the offense, specifically raising doubts about whether the lower court erroneously treated the trade of a non-trivial quantity of amphetamines as a reference to a "chemical drug" rather than a standard narcotics offense. The appellate court rejected the revision not on the merits of the legal error but on procedural grounds under § 354 Abs. 1a Sentence 1 StPO, determining that the imposed custodial sentence was appropriate and adequate, a conclusion supported by the fact that the lower court had already granted a sentencing benefit by offsetting the threat of suspended sentence revocation against the penalty.