Facts
On January 29, 2017, a dispute occurred between [A.] and [B.] at the "[C.] " in [U.] . [A.] punched [B.] in the face with his fist and kicked him hard in the head twice with his foot. [B.] suffered a double mandibular fracture, a mild traumatic brain injury, and bruising on the chest and upper abdomen.
The Weinfelden District Court found [A.] guilty of attempted intentional serious bodily harm, assault, affray, and multiple violations of the NarcA, and sentenced him to a prison term of 3.5 years and a fine of CHF 500.--.
On appeal by [A.] , the Thurgau Cantonal Court found him guilty of simple bodily harm, assault, and multiple violations of the NarcA, and sentenced him to a conditional prison term of 15 months with a probation period of three years and a fine of CHF 500.--.
The Thurgau Public Prosecutor's Office requests that the Cantonal Court's judgment be reversed with regard to the verdict and sentence, and that [A.] be found guilty of attempted (intentional) serious bodily harm, assault, and multiple violations of the NarcA, and be sentenced accordingly.
Considerations
The lower court denied the respondent's eventual intent with regard to serious bodily harm. However, this is not plausible, as the respondent's statements explicitly referred to his knowledge at the time of the incident, and his knowledge of the danger of punching and kicking a person's head is confirmed by general life experience.
The lower court also criticized the sentencing. The appellant challenges the lower court's finding that the respondent was slightly to moderately diminished in his capacity for culpability. However, the lower court, based on toxicological analysis results, medical findings, and police…