Penal - Rol N° O-29-2020

This document details a simplified procedure case concerning a simple theft offense valued between 4 and 40 UTM, prosecuted by the Public Ministry against Peter Alejandro Muñoz Ortiz. The incident occurred on January 9, 2020, in Lebu. The victim was identified as Edgardo Valentín Astudillo Orias. The court found Muñoz Ortiz guilty of simple theft under Article 446 N° 2 of the Penal Code, sentencing him to 61 days of minor imprisonment (minimum degree), with the accessory penalty of disqualification from holding public office during the sentence, and a fine of 1 UTM. The prison sentence was substituted with partial confinement, specifically nocturnal house arrest between 10 PM and 6 AM at the offender's residence located at Dirección. Payment for the fine was facilitated through three equal monthly installments of 1/3 UTM, starting in May 2022. The defendant was exempted from paying court costs. The court considered the mitigating circumstance under Article 11 N° 9 of the Penal Code. The Public Ministry requested a reduced sentence due to the mitigating factor, proposing the sentence that was ultimately imposed. The defense presented its arguments, and the defendant admitted responsibility. The court's full reasoning is available in the audio recording of the hearing, and it accepted the Public Ministry's request. Relevant legal provisions include articles from the Penal Code (1, 3, 11 N° 9, 12 N° 15, 30, 67, 446 N° 2, 449, 70), the Code of Criminal Procedure (47, 340, 388 et seq., 468), and Law 18.216. The defendant was ordered to report to the Cañete Reintegration Center on May 31, 2022, at 11 AM, with an arrest warrant to be issued upon failure to appear. Failure to comply with the substituted sentence could lead to its revocation or modification. No information regarding appeals was provided in the record.

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