Facts
The appellant [X.] was sentenced by the High Court of the Canton of Zurich to a prison term of 36 months for professional theft, multiple cases of property damage, multiple cases of trespassing, multiple intentional unlawful entries, and multiple intentional unlawful stays. The appellant requests that the High Court's judgment be overturned and that he be sentenced to a prison term of no more than 24 months.
The lower court found that the appellant proceeded in a professional and routine manner and that the spray weapon (pepper spray) seized during the arrest showed that he had also prepared for a confrontation with the victims. The lower court evaluated the property damage and, in particular, the trespassing offenses as significantly more severe than the district court and not just as accompanying offenses.
The appellant was previously sentenced, among other things, for multiple trespassing offenses, multiple cases of property damage, and professional and gang-related theft in 2007 to a partially suspended prison term of 26 months, and in 2011 to an unconditional prison term of 2 years, as well as in 2006 for violating foreign law provisions.
Considerations
The lower court considers the professional theft to be the most serious offense, which is punishable by a prison term of up to ten years in the applicable specific penalty framework (Art. 139 para. 2 SCC). The lower court finds, partially deviating from the district court's judgment, that the offense proceeds were at least clearly over CHF 30,000.--.
The lower court weighs the previous convictions as significantly aggravating, as the appellant was not impressed by the previous punishments and did not refrain from further delinquency. The lower court reacts to this in…