Questione giuridica chiave
Whether the defendant acted in putative self-defence and should be acquitted of simple bodily harm
Decisione estratta
No. The findings did not establish a present unlawful attack or an error about such an attack; the conviction for simple bodily harm stands.
Motivazione estratta
The appellate court’s factual findings were not shown to be arbitrary. The defendant merely repeated his own version and failed to demonstrate a manifestly untenable assessment of the evidence; without a notwehr situation, Art. 13 in conjunction with Art. 15 StGB did not apply.