Acórdão nº 9640398 de Court of Appeal of Porto (Portugal), 03 de Julho de 1996
Magistrado Responsável | NEVES MAGALHÃES |
Data da Resolução | 03 de Julho de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART144 N2. CP95 ART2 N4 ART143.
Jurisprudência Nacional: AC STJ DE 1985/12/18 IN BMJ N352. AC STJ DE 1987/02/11 IN BMJ N364. AC STJ DE 1988/11/02 IN BMJ N381. AC STJ DE 1983/06/15 IN BMJ N328. AC STJ DE 1984/01/11 IN BMJ N333.
Sumário: I - Tendo o arguido desferido com o « olho : de um gadanho uma pancada na zona da cabeça do assistente, causando-lhe lesões que determinaram 8 dias de doença com impossibilidade para o trabalho bem como uma cicatriz horizontal na parte média da região frontal de 4,5 cm de comprimento, e actuando com a consciência e conhecimento de que esse instrumento, da forma como foi utilizado, é objectivamente apto a pôr em risco a vida duma pessoa ou a causar-lhe ofensas corporais graves, a sua conduta é subsumível ao tipo legal do...
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