Kernrechtsfrage
Whether the cantonal court abused its discretion in sentencing A. too leniently under Art. 63 CP
Extrahierter Entscheid
The sentence, though very lenient, did not amount to an unsustainable exercise of discretion and therefore did not violate federal law.
Extrahierte Begründung
The Federal Court repeated that it intervenes only in cases of excess or abuse. The prosecutor merely opposed his own assessment to that of the cantonal court and did not show that the sentence was outside the legal range, based on irrelevant factors, or manifestly inappropriate. The seriousness of the offense, amount involved, and duration of criminal activity did not suffice to establish abuse; preventive general considerations had to give way to special prevention where conditional sentencing was justified.