Kernrechtsfrage
Whether placing heavy obstacles on railway tracks created a concrete danger under Art. 238(1) StGB despite the obstacles being removed before the next train passed.
Extrahierter Entscheid
Yes. A concrete danger existed from the moment the obstacles were placed, because discovery and removal within the remaining time were not to be expected in the ordinary course of events.
Extrahierte Begründung
The court held that concrete danger does not require actual derailment or that the train reach the obstacle. The decisive question is whether, in the normal course of events, the protected interests were in near or serious likelihood of being harmed. Given the size and weight of the objects, their position on both rails, the train speed, and the unlikely chain of lucky third-party intervention, the danger was concrete even though the removal occurred before the train arrived.