The Supreme Court upheld the judgment that convicted Navy NCO 61 days in prison, with the benefit of conditional referral of the sentence for the term of one year, as the perpetrator of the repeated crime of species theft. Illicits perpetrated in units of the Maritime Governorate of Coquimbo, in December 2016.
In unanimous ruling, the Second Chamber of the highest court – composed of Ministers Carlos K.S.S.E., Lamberto Cisternas, Manuel Antonio Valderrama, Jorge Dahm, lawyer (i) María Cristina Gajardo and the Army’s auditor general, Rodrigo Sandoval – rejected the appeal in return against the sentence that convicted the non-officer for the theft of two giftcards.
“Apart from the above, the court has repeatedly pointed out that only the requirements laid down in numerals 1 and 2 of Article 488 of the Code of Criminal Procedure can be controlled by the way of the remedy which has been inferred, but only as soon as it is challenged that the presumptions settled are based on actual and proven facts, and as regards their multiplicity, and as regards their multiplicity. , an argumentative burden that is not the one that has been expressed,” the ruling contends.
The decision adds that: “Indeed, a careful reading of the appeal inferred to fojas 254 reveals that what was criticised is the weighting that was made of the elements gathered in the course of the inquiry, a matter which is beyond the control of this court, since it would matter to re-examine the evidence which has already been justified by the sentencers of the degree in the exercise of their exclusive powers and to revise the conclusions reached by them and to revise the conclusions reached by them and to revise the conclusions reached by them and to revise the conclusions reached by them , denaturing the arbitration under study, which must be based exclusively on issues of law”.
“Because the fund’s judiciary is sovereign in establishing the facts and assessing the evidence in Litis under the guiding laws, the appellant’s different assessment under which various conclusions, as evidenced by the analysis of the individualized submission, do not empower this Court to review the decision , because this becomes within the sphere of control of the Court of Appeal,” the judgment adds.
“That in this way, in the absence of a breach of the laws governing proof, the facts established by the judges of the instance remain in force in that they considered the repeated simple theft offence attributed as author to Jimmy Alejandro Godoy Orellana,” he concludes.
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