Facts
The appellant [X.] was convicted by the Cantonal Court of St. Gallen for attempted serious bodily harm and attempted and completed instigation to false testimony, and sentenced to a prison term of three and a half years. At the same time, the execution of a conditional prison sentence of six months was ordered and the respondent [Y.] was awarded compensation of CHF 10,000.--.
The appellant filed an appeal in criminal matters and requested the annulment of the judgment of the Cantonal Court and the remand of the case for re-trial. He argued that the lower court's findings of fact were arbitrary and that the sentencing and revocation of the conditional prison sentence were contrary to federal law.
Considerations
The Federal Court examined the appeal and came to the conclusion that the lower court's findings of fact were not arbitrary. The appellant had himself admitted to having punched the respondent and the lower court had established, based on the witness statements, that the appellant had kicked the respondent, who was lying helpless on the ground, several times with his shoes against the head and upper body.
However, the Federal Court found that the lower court's sentencing was contrary to federal law. The lower court had based its decision on a penalty range of up to 15 years' imprisonment, although the ordinary penalty range for attempted serious bodily harm was up to ten years' imprisonment. The lower court had also failed to justify why it deviated from the statutory rule of a conditional fine for sentences of less than six months.
The Federal Court annulled the judgment of the Cantonal Court and remanded the case for a new decision on sentencing and revocation of…