Questione giuridica chiave
Whether the CHF 150 day-fine amount violated Art. 34(2) CP.
Decisione estratta
No. The cantonal court could base the day-fine on the appellant's net income without deducting mortgage interest or housing costs, and no further reduction was required.
Motivazione estratta
The court reiterated that the day-fine is set from average daily net income; mortgage interest and housing costs are generally not deductible; the minimum subsistence level is only corrective for persons at or below that level. Given the appellant's income and family situation, CHF 150 remained lawful.