Key legal question
Whether the refusal of conditional execution of the prison sentence violated Art. 41 Ziff. 1 Abs. 1 StGB because the prognosis was assessed too negatively.
Extracted holding
No violation: the appellate court did not abuse its discretion in finding an unfavorable prognosis and refusing conditional execution.
Extracted reasoning
The ignored circumstances were not shown to affect prognosis; other factors were considered. The prior conviction for similar sexual offenses, followed by new offenses only about five years after service, and the considerable criminal energy in committing multiple sexual offenses justified the negative prognosis.