Key legal question
Whether the taking of insulation material constituted theft or only minor-value theft under Art. 172ter StGB
Extracted holding
The objective value was not proven to exceed CHF 300, but the defendant did not act under a limited-value misconception; he took as much as fit into the van and thus accepted a value above the threshold.
Extracted reasoning
The court gave the defendant the benefit of the doubt on market value, but held that the privileged minor-value offense depends on the offender's intent. Because he loaded the van to capacity and made no concrete value-related assumption, the privilege did not apply.