Kernrechtsfrage
Whether B. acted in an excusable state of excitement or fright after exceeding self-defense under Art. 33(2) CP
Extrahierter Entscheid
The cantonal findings were insufficient to conclude that B. was in an excusable state of fright or excitement within the meaning of Art. 33(2) CP.
Extrahierte Begründung
Fear alone is not enough. The court had not examined all relevant circumstances, including B.'s temperament, his familiarity with violent nightlife situations, the possible reassuring effect of companions, and his post-incident demeanor. The factual basis therefore did not allow review of whether the statutory condition was met.