Questão jurídica principal
Whether the finding of imminent life danger under Art. 129 StGB was arbitrary or violated the right to be heard
Decisão extraída
The factual findings were not arbitrary and the refusal to order a ballistic expert report did not violate the right to be heard; the elements of endangerment of life were met.
Fundamentação extraída
The shot was fired obliquely upward from the entrance area, so a direct or ricochet-related life-threatening danger to nearby persons was concrete and immediate. The court could rely on the existing evidence and anticipate that further evidence would not change its conviction.