Kernrechtsfrage
Whether a short unconditional custodial sentence under Art. 41 CP was properly imposed instead of a pecuniary penalty or community service.
Extrahierter Entscheid
The cantonal court sufficiently ruled out a pecuniary penalty, but it failed to explain why community service was unsuitable despite the accused's apparent work capacity and his consent.
Extrahierte Begründung
Under Art. 41 CP, a short custodial sentence is permissible only if suspended sentence is unavailable and neither a pecuniary penalty nor community service can be executed. The lower court gave no adequate reasoning on the last condition, so federal review was impossible.