Key legal question
Whether the refusal to grant a suspended sentence under Art. 41 CP was unlawful.
Extracted holding
No. The cantonal court considered all relevant factors, especially remorse, insight, conduct during the investigation, and prospects of amendment, and did not abuse its discretion.
Extracted reasoning
For the prognosis, the court must assess the offender’s overall personality and all relevant circumstances. The lack of repayment could be weighed as an indicator of insufficient insight and repentance, and the defendant’s attitude throughout the proceedings supported a negative prognosis.