Questão jurídica principal
Whether the accused was guilty of negligent simple bodily injury under Art. 125 CP for leaving the cow in the pasture after the first incident.
Decisão extraída
The evidence did not establish that the cow was aggressive or that the accused knew it was dangerous on 18 November 2006; the conviction rested on arbitrary fact-finding.
Fundamentação extraída
The lower court inferred aggression from traumatic but ambiguous events. The hiker’s account was more consistent with playful behavior than an attack, and nothing showed the accused had a reason to isolate the animal immediately.