Questão jurídica principal
Whether the refusal of a conditional sentence under Art. 41 StGB was lawful
Decisão extraída
No. The lower court did not adequately assess all relevant prognostic factors, especially the defendant's later good conduct, prior successful probation, the limited relevance of earlier convictions, and the previous court's reasoning.
Fundamentação extraída
A prognosis must be based on an overall assessment of all material circumstances. The court must not ignore favorable conduct or overemphasize negative factors. It also had to engage with the earlier judgment that had granted a suspended sentence.