Key legal question
Whether the sentence should be a pecuniary penalty rather than imprisonment under Art. 34 CP.
Extracted holding
The cantonal court could lawfully conclude that only imprisonment was appropriate because a pecuniary penalty would not sufficiently reflect the guilt or prevent recidivism.
Extracted reasoning
The choice of sanction must consider culpability, prior convictions, personal circumstances, and preventive effect. Given repeated offending despite prior prison terms, the defendant's persistence in defying the law, and the lack of deterrent effect of earlier sanctions, a pecuniary penalty would be inadequate.