Key legal question
Whether refusal of the conditional sentence violated Art. 42(1) Swiss Criminal Code because the court relied only on prior convictions
Extracted holding
The conditional sentence could not be refused solely on the basis of the prior-record list; a holistic prognosis considering all relevant factors was required.
Extracted reasoning
The appeal court gave decisive weight only to prior convictions and ignored other prognostic factors such as improved living situation, stable work and relationship. This was a breach of federal law.