Questione giuridica chiave
Whether the Obergericht acted arbitrarily by refusing to suspend imprisonment for ambulatory treatment under Art. 44 StGB
Decisione estratta
The refusal was not arbitrary; the court could rely on the defendant's lack of motivation for stationary treatment and on the overall prognosis.
Motivazione estratta
The Federal Court held that the lower court weighed the relevant factors within its discretion and that the file did not show a clear prospect that immediate imprisonment would substantially impair successful treatment.