Acórdão nº 0410123 de Court of Appeal of Porto (Portugal), 06 de Março de 1991
Magistrado Responsável | CASTRO RIBEIRO |
Data da Resolução | 06 de Março de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISãO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART46 N2 ART72 ART73.
Sumário: 1- As circunstancias de o arguido aos 73 anos de idade ter bom comportamento anterior e posterior aos factos (agressão com uma bengala que trazia consigo para o ajudar a caminhar, tendo provocado no ofendido ferimentos num dedo determinativos de 15 dias de doença com impossibilidade para o trabalho); de, na base do crime, estar o facto de o ofendido se encontrar a apanhar cortiça em terreno que cada um deles reivindica como seu; e de o grau de ilicitude do facto e a intensidade do dolo se deverem considerar "vulgares no tipo de crime", não são de molde a justificar a atenuação especial da pena. 2- Todavia, esse mesmo circunstancialismo justifica que a pena de...
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