Questão jurídica principal
Whether the defendant's gunshot injuries required a reduction of the sentence under Art. 63 CP
Decisão extraída
The injuries did not justify mitigation because they did not make him unusually vulnerable to punishment in the sense of Art. 63 CP.
Fundamentação extraída
The court held that only serious illness or comparable exceptional conditions increase vulnerability to punishment. The defendant could still move and perform ordinary activities, and the handicap could be considered in execution, not as a decisive sentencing factor.