Key legal question
Whether the daily-rate amount of the fine was correctly set at CHF 140.
Extracted holding
The appellate court had to reconsider the daily-rate amount because, with 360 daily rates, the burden of a year-long fine required examining whether a reduction from a purely net-income-based calculation was warranted.
Extracted reasoning
Art. 34(2) StGB requires consideration of personal and economic circumstances, but for very high numbers of daily rates the court must regularly consider a reduction because economic hardship increases progressively over time. The cantonal court failed to engage with this issue under the applicable case law.