Facts
The appellant [X.] was found guilty by the High Court of the Canton of Zurich of multiple counts of rape, sexual coercion, and sexual acts with children. He was initially sentenced to 6 years of penitentiary. However, the SCC overturned this judgment, as the reasoning for the sentence was inadequate. In particular, the High Court should have considered the victim compensation of 45,000 Swiss francs as a mitigating factor for the sentence or provide a detailed justification as to why, despite these payments, genuine remorse cannot be assumed. In the new assessment, the High Court sentenced the appellant to 5 years and 3 months of imprisonment and ordered an outpatient measure accompanying the execution of the sentence. The appellant appealed this judgment to the SCC.Considerations
The SCC dismissed the appeal. It made the following findings: - The binding effect of the SCC's remand decision is limited to the sentencing, in particular the question of genuine remorse pursuant to Art. 64 para. 5 former SCC or Art. 48 lit. d SCC. The question of suspending the sentence in favour of the ordered measure was no longer the subject of the new proceedings. - The High Court has correctly and comprehensibly justified the sentencing. It has appropriately considered the…