Questão jurídica principal
Whether the cantonal court violated Art. 63 CP in sentencing by considering improper factors and giving excessive weight to subjective circumstances.
Decisão extraída
No violation of Art. 63 CP was shown; the two years and six months' imprisonment remained within lawful discretion.
Fundamentação extraída
The Federal Court held that sentencing was based on relevant objective and subjective factors, including the gravity of the offences, duration, repetition, abuse of trust, personal circumstances, conduct at trial and compensation efforts. The use of the co-accused's role served only to reconstruct the facts and the defendant's subjective situation, not to import civil-style apportionment of guilt.