Questão jurídica principal
Whether the 8-month prison sentence was excessively severe under Art. 47 CP
Decisão extraída
The sentence was within the court's discretion and was not manifestly excessive, given the violence and number of blows as well as the injuries caused.
Fundamentação extraída
The court found a serious fault: X. acted gratuitously, repeatedly struck the victim, and caused multiple injuries. Mitigating factors such as personality troubles, alcohol's disinhibiting effect, and a difficult family background were already considered by the lower courts.