Partial acquittal on criminal appeal via revision with state cost liability

The Federal Court of Justice (BGH) dismissed the defendant's revision as unfounded, upholding the lower court's conviction but reducing the sentence and ordering the state to bear the costs associated with the revised portion of the judgment; the defendant was acquitted on certain charges in accordance with the request of the Federal General Public Prosecutor. The case involved a criminal appeal against a judgment by the Berlin Regional Court, challenging the sufficiency of evidence and the legal evaluation of specific charges, resulting in a partial acquittal. The decision rests on the procedural rules governing criminal appeals and the substantive criminal law provisions applicable to the contested offenses, confirming that the revised conviction is legally sound despite the errors identified in the lower court's judgment.