I have a feeling that you are much too politicised by it being the poor vs. the rich. It would have been the same with people with claustrophobia and people without it. Unless of course you assume that people different in wealth and possibilites but the same in other things are hurt the same by the same verdict; which I honestly think I have demonstrated to be wrong. I also suspect you assume that I think the mentioned wealth as the only condition when assessing the severity of the punishment.
As for § 39, I will translate an exerpt from commentaries to the penal code:
"Peronal, family and property (wealth) conditions of the perpetrator are also relevant to the assesment of the person, even though they are not directly connected to comitting the crime. Those conditions of the perpetetrator can however still influence the consideration of punishment. These are factors that characterise the perpetratior as an object of the punishment and factors for which the same punishment is differently severe for different offenders. What we consider is these conditions not in the moment of comitting the crime, but in the moment of imposing the punishment. It may include for example health conditions of the perpetrator, health condition of his family, whether the perpetrator takes care of a big family, pregnancy of the perpetrator, housing conditions of the perpetrator and his family, job of the perpetrator and his income, perpetrator's conduct of business and its economic results, status of the perpetrator in society, aggregate property condition of the perpetrator and huis family etc."
- ŠÁMAL, Pavel. Trestní zákoník: komentář. Praha: C.H. Beck, 2009. Velké komentáře. p. 438. ISBN 978-80-7400-109-3.
"...the other factors can include above all finding out if and how the perpetrator is employed, and how to individualize the punishment so that disruption of positive labour connections can be avoided; also the age and health of the perpetrator as they may present a possible obstacle in administering certain punishments or be a factor that may radically and perceptibly negatively influence administering certain punishments."
- DRAŠTÍK, Antonín. Trestní zákoník: komentář. Praha: Wolters Kluwer, 2015. Komentáře Wolters Kluwer. p. 312. ISBN 978-80-7478-790-4.
Now I will say what you probably want to say: yes, the property conditions are mentioned primarily because these principles also include monetary punishments and wealthy people should and do get more severe monetary punishment (equality before the law gone away again). This does not, however, mean that it should not be applied to custodary sentence as well. There is a mention of avoiding distrupting positive labour connections - which is pretty much the rich people should be punished with shorter sentences. If someone is a night security guard on a parking place, losing the job in the future hurts him disproportionately less than it hurts a CEO of a multinational company to lose his job because finding similarly-paying job is easier than finding that one of the CEO. The status in society is the same thing - you hurt an economics professor far more by jailing him than you hurt a gipsy who has half of his family in prison already.
§ 46 - no, I don't. All conditions are required - the regret as well as that trial hearings are enough for his correction. If you are to be corrected by something, it has to impose a harm on you, otherwise you are not motivated at all. The harm from the trial itself I putted under the words shame, as I think it includes all the possible outcomes - the shame, possible disruption of social connections, worsening in relations in the family, stress from the legal proceedings, threat of an actual punishment being imposed, etc. Yes, it is used for less serious offences; it is basically a milder form of a suspended sentence.
§ 58 - that has very little to do with what we are talking here. My line of reasoning is: the court decides that the severity of punishment in this case is 50pts, but because of the individuality of the perpetrator he is to perceive the severity of prison by 20 percents more than the ordinary bloke, we set the punishment at 50 / 1.2 = 41.2pts. Becuase the bloke will perceive it as 50pts.
Your example modifies the base 50pts value, because a just value, after accounting for the circumstances, is for example 42. Everything I have said so far is about the modifier that modifies the base value of punishment (aka. individualisation of punishment), not about the base value. In Jhessail's case, factors modifying the base value can, among other things, be: the bloke being drunk, the girl being drunk, what he did to her, her indications before she passed out or his motives for the deed. Factors modifying the modifer are for example: his current employment, his current school attendance, his possibilites in future.