Key legal question
Whether the defendant was entitled to a full suspended sentence rather than a partial one under Arts. 42 and 43 CP
Extracted holding
A full suspended sentence was not warranted because the prior convictions, the repetition of offences during probation, and the lack of insight required execution of part of the prison term to avoid a clearly uncertain prognosis.
Extracted reasoning
For prison terms between one and two years, full probation is the rule and partial probation the exception; partial suspension is permissible where, on an overall assessment, only actual execution of part of the sentence can still support a prognosis that is not concretely negative.