Acórdão nº 9740385 de Supremo Tribunal Administrativo (Portugal), 28 de Janeiro de 1998 (caso None)
| Magistrado Responsável | MARQUES PEREIRA |
| Data da Resolução | 28 de Janeiro de 1998 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: CITA FIGUEIREDO DIAS IN CJ T4 ANOXII PAG52 E IN ACTA N23 DO PROJECTO DA COMISSÃO DE REVISÃO DO CÓDIGO PENAL.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP95 ART146 N1.
Sumário: I - Apesar da não verificação de qualquer das circunstâncias descritas no n.2 do artigo 132 do Código Penal, a conduta do arguido - que discutia com o ofendido na varanda duma casa em construção, situada a cerca de 3 metros de altura do solo e sem qualquer protecção, ao agredi-lo com um pau com cerca de 1,5 metros de comprimento, dando-lhe com este no peito, agindo livre e conscientemente, conhecendo o local e agindo com o propósito de magoar no corpo o ofendido, de 74 anos...
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