Questão jurídica principal
Whether the cantonal court violated in dubio pro reo by finding that the appellant paid about CHF 50 per gram for the cocaine and thus made a profit exceeding CHF 10,000.
Decisão extraída
Yes. The proof on which the cantonal court relied did not establish with sufficient certainty that the appellant bought the cocaine at about CHF 50 per gram; serious doubts remained.
Fundamentação extraída
The cantonal judgment did not identify concrete evidence supporting the assumed purchase price. The Federal Court held that it was not its task to search the file for possible support. Since the alleged profit above CHF 10,000 depended on that unproven price assumption, the aggravated form under Art. 19 ch. 2 let. c LStup could not stand.