Key legal question
Whether the 36-month sentence for A.X. was too lenient under Arts. 47, 49 and 19(2) StGB.
Extracted holding
Yes. The appellate court's balancing of reduced culpability and other mitigating factors did not justify such a substantial reduction; the sentence was no longer appropriate to guilt.
Extracted reasoning
The lower court correctly assessed the offense as serious, but the resulting halving of the sentence could not be justified without exceptionally weighty mitigating factors.