Questão jurídica principal
Whether damaging an unused telephone cable constitutes disruption or endangerment of a public telephone operation under Art. 239 StGB.
Decisão extraída
No. Art. 239 StGB requires impairment of the operational availability of the public service itself; mere repair work or internal administrative effort caused by the damage is insufficient when the cable was not yet in service and no telephone traffic was delayed, disturbed, or endangered.
Fundamentação extraída
The court limited the protected object to the unimpeded functioning of the public operation and its public-use availability. It rejected a broad 'protection of public enterprises as such' and held that the damage neither affected ongoing telephone traffic nor jeopardized timely commissioning.