Kernrechtsfrage
Whether the Obergericht's finding that the defendant played a substantial role in the burglaries was arbitrary
Extrahierter Entscheid
No. The Federal Court held that the appellate court did not assume he was the gang leader, but only that he made a substantial contribution, which was supported by the record.
Extrahierte Begründung
The complaint misunderstood the lower court's reasoning. The appellate judgment relied on surveillance calls and concrete conduct: scouting the sites, driving accomplices to the scenes, waiting nearby, and collecting the stolen goods. Given these facts, the conclusion was not manifestly untenable.