Facts
The Federal Supreme Court assesses a case of multiple, partly attempted sexual acts with children, administration of substances hazardous to health, pornography and narcotics offences. The appellant was sentenced by the High Court of the Canton of Zurich to a custodial sentence of 28 months and 15 days.
The Federal Supreme Court partially annuls the judgment and remands the case to the lower court for re-assessment of certain charges. The appeal is dismissed on the remaining points.
Considerations
The Federal Supreme Court considers the conviction for sexual acts with children to the detriment of [B.] and [D.] to be in violation of federal law. There are doubts as to whether the offences against [B.] took place before his 16th birthday. In the case of the victim [D.] , it was merely a coarse touch, which cannot be classified as a sexual act within the meaning of Art. 187 SCC.
Otherwise, the Federal Supreme Court considers the factual findings and legal assessment of the lower court to be in compliance with federal law. It in particular confirms the…