Kernrechtsfrage
Whether the cantonal cassation court arbitrarily exceeded the limits of Art. 251(2) CPP/NE by replacing the trial court's factual findings on B________'s conduct.
Extrahierter Entscheid
Yes. The cantonal court did not merely correct an obvious error; it substituted its own assessment of the evidence on a decisive factual point, which was arbitrary.
Extrahierte Begründung
The first-instance court had found the evidence insufficient to show that B________ intentionally sat on the complainant. The cantonal cassation court's later formulation was interpreted as establishing intent, contrary to the trial court's findings, without identifying an evident error justifying intervention under the cantonal rule.