Kernrechtsfrage
Whether the withdrawn Art. 292 StGB count still had to be addressed
Extrahierter Entscheid
No. The charge of disobedience to official orders had been withdrawn by the prosecution before the first instance and was no longer part of the appeal.
Extrahierte Begründung
Because the prosecutor withdrew that count and pursued only the TSG violation, the appellate court had no reason to decide it or acquit on that basis.