Question juridique clé
Whether the defendant was entitled to a full suspended sentence under Art. 42 CP despite a prior relevant conviction.
Solution extraite
No. Because he had been convicted within the previous five years for similar conduct, suspension required particularly favorable circumstances, which the court denied.
Motifs extraits
The prior conviction was similar, the new offense showed a propensity to offend, the excuses and family/employment changes were not sufficiently positive, and the financial situation did not show a particularly favorable amendment prognosis.