Kernrechtsfrage
Whether the dismissal of the proceedings against J.________ for property damage was justified
Extrahierter Entscheid
Yes. The intentional element of property damage was not established because J.________ reasonably believed the remaining items were worthless and belonged to the tenant who had been asked to clear the premises.
Extrahierte Begründung
J.________ did not know of the appellant's sublease; the premises had to be emptied for renovation; no valuable objects were found; intent under Art. 144 CP was missing.