Question juridique clé
Whether the defendant was entitled to a full suspended sentence under Arts. 42 and 43 Swiss Criminal Code.
Solution extraite
No. The Federal Court held that the cantonal court could still find sufficient doubt about future lawful conduct and maintain only a partial suspension.
Motifs extraits
The prior convictions, the revoked suspension, the defendant's continued intention to pursue and expand his borderline unlawful activity, and the profit motive justified the view that executing 3 months would not suffice to deter reoffending.