Key legal question
Whether the cantonal court arbitrarily preferred one medical report over another on life-threatening injury
Extracted holding
The cantonal court could not rely on the IUML report without addressing serious doubts about its understanding of the statutory concept of life danger under Article 122 CP.
Extracted reasoning
The report relied on speculative danger to structures not actually hit and on a possible untreated peritonitis, without showing an imminent danger of death in the case at hand. This made its conclusion problematic for Article 122 CP and required discussion of the divergent report.