Questão jurídica principal
Whether the appellate court fixed the sentence in violation of Art. 47 and 140 CP by using an incorrect maximum penalty framework.
Decisão extraída
The sentence was not unlawful merely because the cantonal court mentioned a lower maximum; the Federal Court reviews whether the concrete sentence respects Art. 47 CP.
Fundamentação extraída
Sentencing cannot be done mathematically from the statutory minimum and maximum. All objective, subjective and personal factors were considered, and the 5.5-year sentence was lenient but not an abuse of discretion.