Facts
The appellant [X.] was sentenced by the Cantonal Court of St. Gallen to 3 years and 8 months' imprisonment and a conditional fine of 20 daily rates of CHF 20.- for attempted grievous bodily harm and assault. He filed a criminal law appeal against this judgment. The Federal Supreme Court holds that the factual findings of the lower court cannot be considered arbitrary. The lower court assessed the appellant as a co-perpetrator in the attempted grievous bodily harm, as he was involved together with other defendants in the attacks on the victim and accepted the possibility of serious bodily injury. The conviction for assault is also confirmed by the Federal Supreme Court. However, the sentencing is found to be too severe. Compared to the co-defendants, the sentence of 3 years for the appellant is no longer comprehensible. Although his contribution to the offence was not insignificant, his degree of guilt remained behind that of the other co-perpetrators. In particular, the appellant tried to prevent further escalation of the violence, which should be taken into account in sentencing. Also, the increase of the sentence by one year due to the conviction for assault is not…Sentencing for Attempted Grievous Bodily Harm and Assault
6B_79/2016
Offenses