Question juridique clé
Whether the appellate court violated Art. 63 StGB by treating the consensual relationship as a mitigating factor in sentencing.
Solution extraite
No. The appellate court assessed aggravating and mitigating factors correctly and did not grant mitigation merely because of the relationship.
Motifs extraits
The teacher bore heightened responsibility; lack of violence did not excuse the conduct. Mitigation was based on no prior record, prior conduct, confession, remorse, and insight, and the 18-month suspended sentence remained within discretion.