Facts
The complainant [S.] was found guilty of qualified embezzlement and fraud by the Criminal Court of the Canton of Zug and sentenced to an additional 12 months' imprisonment. The complainant filed a federal appeal against this judgment, requesting that the sentencing be overturned and the case be referred back to the lower court for reassessment of the sentence.
The lower court had increased the sentence by 100% compared to the initial conviction, although the public prosecutor in the initial proceedings had considered an additional sentence of 6 months to be appropriate. The complainant argued that the lower court had disregarded or incorrectly weighed essential factors in determining the sentence.
Considerations
The Federal Court examined the sentencing and found that the lower court had assessed the complainant's guilt as severe, but the reasoning for this assessment was insufficient. The lower court had primarily relied on the amount of the offense, without adequately considering other relevant factors such as the motives and personal circumstances of the complainant.
The Federal Court found that the lower court had increased the sentence without sufficient reasoning and that the imposed sentence was disproportionately severe. It overturned the lower court's judgment and referred the case back to the lower court for reassessment.
The Federal Court emphasized that in determining the sentence, all relevant factors, including…