Kernrechtsfrage
Whether the cantonal court breached Art. 408 CPP by acting as a review court rather than rendering a new appellate judgment.
Extrahierter Entscheid
The complaint was rejected because the appellate court had ruled on a full appeal and its dispositive section replaced the first-instance judgment, which constitutes a new judgment under Art. 408 CPP.
Extrahierte Begründung
A court of appeal must re-examine the case on the merits, but when it enters into the appeal and confirms the lower judgment in its dispositive part, it still renders a new judgment replacing the first-instance one.