Correction of daily rate in criminal fine; dismissal of revision despite minor sentencing defect

The Federal Court of Justice (BGH), 2nd Criminal Senate, rejected the defendant’s appeal as largely unfounded, ordering only a minor correction to the daily rate for a specific count (Tat II. 4) to €5, thereby upholding the Landgericht Kassel’s conviction and sentence; the defendant is liable for the costs of the appeal. The case involved a criminal appeal challenging the lower court’s judgment, where the only identified error was an incorrect calculation of the fine's daily rate for one of the offenses. The decision rests on the principle that while the substantive conviction and sentencing structure remain valid, the specific statutory parameters for the monetary fine must be accurate, leading to the limited correction in the operative part of the judgment.