Acórdão nº 9710367 de Court of Appeal of Porto (Portugal), 28 de Maio de 1997
Magistrado Responsável | MILHEIRO DE OLIVEIRA |
Data da Resolução | 28 de Maio de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS.
Legislação Nacional: CP82 ART72 ART204.
Jurisprudência Nacional: AC STJ DE 1995/02/15 IN BMJ N444 PAG202. AC STJ DE 1995/02/01 IN BMJ N444 PAG341.
Sumário: I - Devendo o julgador socorrer-se dos critérios indicados no artigo 72 do Código Penal, tendo em conta a elevada ilicitude do facto, a acentuada censurabilidade do arguido, o elevado grau de culpa, as acentuadas exigências de prevenção geral especial e os danos irreparáveis, físicos e morais que causou à ofendida, que geraram nesta profunda angústia e depressão a ponto de a levarem, por duas vezes a tentar o suicídio, beneficiando o arguido apenas da ausência de antecedentes criminais, que nem sequer equivale a bom comportamento anterior, entende-se ser correcta e adequada a pena de 15 meses de prisão a aplicar pelo crime de estupro. II - Tendo porém em conta a ausência de antecedentes criminais, as condições da sua...
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