Conviction of the appellant for gang robbery, commercial and gang theft, multiple trespassing, and multiple property damage

Facts

The District Court of Werdenberg-Sarganserland sentenced the appellant [X.] to a custodial sentence of 6 ½ years for gang robbery, commercial and gang theft, multiple trespassing, and multiple property damage. [X.] appealed and requested a more lenient sentence. The Public Prosecutor's Office filed a cross-appeal and demanded an increase of the sentence to 8 years. The Cantonal Court of St. Gallen upheld the decision of the court of first instance in all respects.

Considerations

The Federal Supreme Court confirmed the sentencing of the lower court. The lower court provided a detailed and convincing justification for the imposition of a cumulative custodial sentence. It took into account the strong factual and temporal connection between the thefts on the one hand and the trespassing and property damage on the other. Although trespassing and property damage alternatively provide for a custodial or monetary penalty, the lower court was of the opinion that, due to the criminal energy of the appellant and the impairment of the victims' sense of security, it was appropriate to impose a cumulative custodial sentence.

The Federal Supreme Court also saw no violation of federal law in the fact that the lower…