Calculation of aggregate custodial sentence from multiple individual sentences: no disadvantage to defendant from disproportionately low total due to unclear reasoning

The Federal Court of Justice (BGH) 6th Criminal Senate dismissed the defendant's revision as unfounded, thereby upholding the landgericht judgment dated September 21, 2022, and ordering the appellant to bear the costs of the appeal. The case involved a challenge to the sentencing calculation where the lower court formed a total custodial sentence of two years and eleven months from twenty-five individual offenses (seventeen two-year and eight one-year sentences), resulting in a disproportionately low aggregate penalty that lacked transparent justification. The court held that the legally mandated correction of a miscalculated total sentence in a manner favorable to the defendant, even if the logic for the reduction was not fully explainable, did not constitute a prejudice or legal error that would warrant reversal, as the defendant was not disadvantaged by the outcome.