Manifestly unfounded criminal appeal dismissed under § 349 Abs. 2 StPO

The Federal Court of Justice (1st Criminal Senate) dismissed the prosecution's appeal against the judgment of the Munich I Regional Court, ordering that the appeal costs and necessary expenses incurred by the defendant be borne by the state treasury, thereby upholding the lower court's decision. The case involved a criminal appeal where the prosecution challenged the initial verdict, but the appellate court determined the legal remedy to be obviously unfounded. The dismissal was based directly on § 349 Abs. 2 StPO, the provision governing the rejection of appeals deemed manifestly baseless after the main hearing.