Key legal question
Whether increasing the sentence from an unconditional fine to a higher suspended monetary penalty violates the prohibition of reformatio in peius when only the defendant appeals.
Extracted holding
No. When the appellate court grants suspended execution, it may adjust the sentence upward without unlawfully worsening the position of a sole appellant, because sentence severity and suspension must be assessed together.
Extracted reasoning
Unconditional fines are more severe than suspended monetary penalties. The choice between unconditional, partly suspended, and suspended punishment cannot be separated from the amount of the sentence; viewed as a whole, the appellate court may increase the nominal sentence if it simultaneously grants suspended execution.