Kernrechtsfrage
Whether the sentence calculation violated Art. 63 and Art. 68 Ziff. 2 StGB in retrospective concurrence.
Extrahierter Entscheid
Yes. The appellate court failed to assess the earlier offenses together with the prior Aarau judgment and instead fixed reduced individual penalties without forming a notional additional sentence.
Extrahierte Begründung
For offenses committed partly before and partly after a prior conviction, the court must first determine the sentence for the most serious later offense and then increase it to reflect the earlier offenses as a supplementary sentence. The lower court's method omitted this required step, and the earlier debt-collection frauds were not taken into account at all.