Question juridique clé
Whether the refusal of probation under Art. 41 CP was unlawful because the lower court did not assess all relevant prognostic factors.
Solution extraite
The cantonal court did consider the relevant factors, especially the prior similar offense and the defendant's attitude toward the facts, and did not omit any material circumstance.
Motifs extraits
A favorable prognosis requires an overall assessment of the offender's personality, antecedents, conduct, and circumstances. The lower court's reasoning, though brief, showed that it relied on repeated similar conduct and denial of the facts, which was sufficient.