Adjustment of individual criminal sentence in concurrent proceedings; revision rejected with reduction of penalty

The Federal Court of Justice (BGH) 5th Criminal Senate rejected the defendant's revision as unfounded but modified the sentence imposed in case II.3 of the judgment to four years and three months, upholding the remaining parts of the Landgericht Dresden's verdict of August 20, 2024, with the defendant ordered to bear the costs of the appeal. The dispute concerned a criminal conviction where the defendant challenged the trial court's sentencing decision, specifically the calculation and quantum of the individual penalty. The decisive legal basis involves the review of sentencing under German criminal procedure law, particularly the adjustment of individual sentences within the framework of concurrent sentencing, aligning the imposed penalty with the General Public Prosecutor's request for a reduced term.