Key legal question
Whether the fist strike was justified as self-defense under Art. 15 StGB or excused under Art. 16(2) StGB.
Extracted holding
The blow was not an appropriate defensive act, and no excusable excitement or distress was shown.
Extracted reasoning
A fist strike is materially more intense than an open-hand slap, and the age and physical disparity between the men made the reaction excessive. X. had to adapt his response to the situation and could foresee a confrontation.