Facts
The complainant [X.] , a Macedonian national, was employed in Appenzell Ausserrhoden as a dental technician in 2002. He was admitted to training as a cantonally approved dentist on November 14, 2005. Between 2006 and 2008, he successfully passed three exams, but was not successful in part of the oral final exam. On May 6, 2009, the Department of Health informed him that the new Health Act no longer provided for the profession of cantonally approved dentist.
The complainant submitted a forged certificate from the Medical University of Sofia, which certified that he had been enrolled as a regular student in the field of dentistry since September 2004. This certificate was requested by the Department of Health to authorize an activity as an assistant to [A.] .
The single judge of the Cantonal Court of Appenzell Ausserrhoden sentenced the complainant on January 15, 2013, to a fine of 90 daily rates of CHF 100.--, conditionally suspended with a probation period of two years, and a fine of CHF 600.-- or an alternative prison sentence of six days for forgery of documents.
Considerations
The Federal Court examines whether the complainant has fulfilled the elements of Art. 252 SCC or not. The assessment of evidence and the factual findings based thereon by the previous instance can be challenged before the Federal Court if they are obviously incorrect in the sense of Art. 97 para. 1 FSCA or arbitrary in the sense of Art. 9 Cst.
The previous instance established that the complainant already knew in 2003 that there would be no new approvals as a cantonally approved dentist at some point. The complainant disputed this consideration as incorrect, but did not explain in what way it…