Kernrechtsfrage
Whether the appellate court violated the right to be heard by allegedly ignoring defense counsel's oral submissions.
Extrahierter Entscheid
No. The judges had considered the case and were not required to expressly address each argument; their reduced sentence showed they had taken the defense position into account.
Extrahierte Begründung
Prior study of the file and preparation of a draft did not prevent open consideration at the hearing. Failure to mention the plea in deliberations was not proof it was ignored.