Acórdão nº 040866 de Supremo Tribunal de Justiça (Portugal), 17 de Outubro de 1990
| Data | 17 Outubro 1990 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO / TEORIA GERAL.
Legislação Nacional: CP82 ART72 ART76 ART306 N2 A. CPP87 ART403 N1 N2 A C.
Sumário : I - Provado que o arguido e um jovem toxicodependente, com irregular aproveitamento escolar e carencia de apoio familiar, tendo uma infancia quase votada ao abandono, que ja sofreu condenação por crime doloso em pena de prisão, mas que as consequencias do crime foram de reduzida gravidade, mostra-se correcta a aplicabilidade da pena de 3 anos de prisão não obstante ter dois crimes previstos e punidos pelos artigos 306 n. 2, alinea a) e 76 do Codigo Penal cuja moldura geral abstracta correspondente a cada um dos crimes ser de 2 anos e 8 meses a 10 anos de prisão. II - A pena aplicada de 3 anos em cumulo responde minimamente a exigencia de prevenção de futuros crimes, a...
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