Questão jurídica principal
Whether sincere remorse under Arts. 64 and 65 SCC had to be admitted.
Decisão extraída
The appellant's apologies, reparative commitments, and financial repayment did not amount to sincere remorse, because his conduct in proceedings was not exemplary and his acts were not sufficiently spontaneous and meritorious.
Fundamentação extraída
Sincere remorse requires a disinterested, commendable, self-motivated effort to repair the harm. Here the appellant initially denied the facts, later minimized his role, and only belatedly acknowledged them; the cantonal court could therefore refuse mitigation under Art. 64 SCC while still considering favorable circumstances under Art. 63 SCC.