Questão jurídica principal
Whether the five-year prison sentence was unlawfully lenient under Art. 47 CP / former Art. 63 aCP.
Decisão extraída
The five-year custodial sentence was within the cantonal court's broad discretion and was not excessively lenient.
Fundamentação extraída
The court held that both old and new sentencing law led to the same result here; the gravity of the guilt, the carefully prepared qualified robbery, the large number of burglaries, and the defendant's personal circumstances justified five years. The robbery did not reach the cruelty threshold of Art. 140 ch. 4 CP, and comparison with the co-offender did not show an unjustified disparity.