Facts
In the summer of 1976, C., born in 1957, manipulated the gaming machines of a particular brand in various restaurants using a specially prepared electronic gas lighter, which resulted in the machines dispensing cash amounts that were not won through proper play. Additionally, the interventions damaged the computer control of individual machines.
On January 18, 1978, the Cantonal Court Committee of Graubünden convicted C. of continued theft, continued attempted theft, and continued property damage, as well as other offenses, and sentenced him to five months' imprisonment with a suspended sentence. It also ordered the execution of the four-month custodial sentence imposed on C. by the Juvenile Court of Plessur on April 29, 1975.
C. filed a nullity appeal and requested the annulment of the judgment of the Cantonal Court Committee.
Considerations
The Federal Court ruled that C.'s abusive interventions in the gaming machines had removed the possession of the machine owner against their will, and thus constituted theft. The fact that C. had damaged the computer control of individual machines was irrelevant to the removal, as the mere fact that he had effected the change of possession of the enclosed coins through unauthorized manipulations fulfilled the elements of theft.
Regarding the execution of the conditionally suspended youth sentence, the Federal Court decided that the decision should be made in accordance…