Facts
On November 28, 1998, [A.] physically attacked [B.] following a verbal altercation, threw him to the ground, and kicked him multiple times in the upper body. [B.] sustained swelling, redness, and tenderness. The District Court Commission of Frauenfeld convicted [A.] of bodily harm and sentenced him to five months' imprisonment. [A.] appealed, and the High Court of the Canton of Thurgau upheld the verdict but granted the suspended execution of the prison sentence. [A.] then filed a nullity appeal with the Federal Supreme Court, requesting that the judgment be overturned, as Art. 123 para. 1 subpara. 2 SCC (minor case of bodily harm) was not applied.Considerations
The Federal Supreme Court dismissed the appeal. It stated that the distinction between simple bodily harm (Art. 123 para. 1 subpara. 1 CC) and a minor case (Art. 123 para. 1 subpara. 2 CC) should not only consider the objective consequences of the injuries, but the totality of the objective and subjective circumstances of the offense. Although the objective injuries were not very severe, the appellant's…