Revisão Criminal Nº 0021500-83.2012.4.03.0000/sp

Revisão criminal. Roubo circunstanciado. Art. 157, §2º, i e iii, c.c. art. 71, ambos do cp. Condenação contrária à evidência dos autos. Art. 621, i, do cpp. Menoridade relativa reconhecida. Art. 65, i, cp. Atenuante no patamar de 1/6. Dosimetria refeita. Revisão procedente. 1. O acordão revidendo reconheceu a menoridade relativa do ora revisionando para fins de aplicação do art. 115 do Código Penal, porém, deixou de aplicar a atenuante prevista no art. 65, I, do CP. 2. Verificando-se que ILSON contava com menos de 21 (vinte e um) anos à época dos fatos, reconhecimento feito no acórdão revidendo, com base no artigo 65, inciso I, do Código Penal, a pena-base deve ser reduzida em 1/6 (um sexto). 3. Dosimetria refeita. Pena definita arbitrada em 10 (dez) anos, 04 (quatro) meses e 13 (treze) dias de reclusão. 4. Revisão criminal procedente.

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