Questione giuridica chiave
Whether the cantonal court correctly determined the sentence under the rules on multiple offences and sentencing reasoning
Decisione estratta
No. The sentence had to be reassessed because the cantonal court wrongly left the ordinary statutory range, failed to identify an offense group and base sentence, and did not make its weighting of mitigating factors sufficiently transparent.
Motivazione estratta
For multiple offences, the court must first set the sentence for the most serious offence within the ordinary range and then increase it by asperation. Departure from the ordinary range requires exceptional circumstances, which were absent. Art. 50 StGB also requires the grounds and their weight to be discernible from the judgment.