Facts
On [date], an aircraft of the airline [Z.] was used for a charter flight from [A.] to [B.]. During the approach to runway [C.] in [B.], the aircraft could not be stabilized in the final approach, resulting in a go-around. In the process, the aircraft touched the runway surface with the left wing. After a second approach from the opposite direction to runway [D.], the aircraft was able to land without further incident. The first approach was conducted by the co-pilot [Y.] as "pilot flying" (PF), while the commander [X.] acted as "pilot not flying" (PNF).
On June 8, 2009, the Federal Criminal Court found [X.] and [Y.] guilty of negligent disruption of public traffic and sentenced [X.] to a fine of 90 daily rates at CHF 175.-- and [Y.] to a fine of 65 daily rates at CHF 200.--.
[X.] and [Y.] appeal against this judgment with an appeal in criminal matters to the Federal Court.
Considerations
The Federal Court considers it in accordance with federal law that the lower court affirmed a legally relevant, concrete danger to the passengers and crew due to the behavior of the appellants. The aircraft unintentionally touched the ground with the left wing tip during the approach after an evasive maneuver due to a Boeing 737 standing on the ground. Both appellants had a completely wrong assessment of the altitude, position and speed of their aircraft. This flight maneuver was not controlled.…