Criminal sentencing validity independent of erroneous hard-drug classification due to surplus aggravating factors

The German Federal Court of Criminal Justice (BGH) dismissed the defendant's appeal as unfounded, leaving the first-instance conviction and sentence in force, and ordered the defendant to bear the costs of the appeal. The case involved a criminal prosecution where the defendant challenged the sentencing, specifically targeting the court's classification of amphetamine as a "hard drug" in the context of multiple offense counts. The appellate court determined that no legal error detrimental to the defendant was found, explicitly noting that the final sentencing for a specific count did not rely on the legally flawed "hard drug" assessment due to the presence of numerous other legally sound aggravating circumstances.