Questão jurídica principal
Whether the defendant's conduct fulfilled Art. 129 CP (unconscionable endangerment of life)
Decisão extraída
A thoracic stab with a bayonet created a concrete and imminent danger of death, but the canton court misapplied the 'without scruples' requirement on the facts.
Fundamentação extraída
The danger was immediate and serious, and the defendant knew of it. However, he reacted under a rapid, threatening assault by three aggressors; his purpose was self-protection in excessive self-defense, with comprehensible motives, so the conduct did not gravely offend moral standards.