Facts
On 14 January 2015, the District Court of Toggenburg found the appellant [X.] guilty of threat and an offence against the Weapons Act, and sentenced him to a suspended fine. The appeal filed by [X.] was dismissed by the Cantonal Court of St. Gallen on 8 January 2016.
According to the findings of the lower court, on 17 June 2014 the appellant swung a loaded revolver over the head of the respondent [A.] and his cows, and threatened to shoot the cows if they did not leave his plants alone. The respondent described the incident credibly, while the appellant's account was vague and evasive.
Considerations
The Federal Court considers the factual findings of the lower court to be non-arbitrary. The appellant essentially admits the alleged facts and confirms that in a verbal dispute, he had expressed whether he would first have to kill or shoot all the cows so that his garden would no longer be disfigured.
The Federal Court denies a situation of self-defence and instead sees an emergency situation. However, the appellant's threat to shoot the cows was neither suitable nor the…