Penal - Rol O-139-2020

This is an abstract about a court case involving Dafne Cytriali Fuentes Torres. The case is before the Sixth Guarantee Court of Santiago, with RUC 1901406753-4 and RIT 139-2020. The judgment date was April 27, 2020. The procedure was abbreviated. The accredited facts involve a robbery with intimidation that occurred on December 30, 2019, at the intersection of Padre Vicente Irarrázaval and Antártica streets in Estación Central. The victim, Iván Alberto Suarez Quezada, was intimidated by Iván Alejandro Opazo Rubio and Fuentes Torres, who stole his Mahindra Skorpio vehicle. The legal qualification is consummated robbery with intimidation, and the sentence is three years and one day of imprisonment in the maximum degree of minor imprisonment, with accessory penalties under Article 29 of the Penal Code. The defendant was granted replacement of the custodial sentence with intensive supervised freedom for the same period, as per Law 18216. Iván Alejandro Opazo Rubio's details include his identity card 0020465205-8 and residence at Calle Hernán Olguín Nº 0256, Maipú. The court considered mitigating circumstances under Article 11, numbers 6 and 9 of the Penal Code, but no aggravating circumstances. The summary does not detail the arguments of the prosecution or defense, nor the court's specific reasoning. Key legal provisions include articles from the Penal Code (1, 5, 7, 11, 14, 15, 25, 26, 29, 432, 436, 439, 449), the Code of Criminal Procedure (406, 468), and Law 18216 (14, 17, 17 TER). The sentence imposes conditions such as compliance with an individual intervention plan and a restraining order against the victim, with consequences for non-compliance including the full execution of the sentence or replacement with a more severe one. No information regarding appeals is provided.

• Basic case information: * Court: Sixth Guarantee Court of Santiago. * RUC: 1901406753-4 * RIT: 139-2020 * Judgment date: April 27, 2020. * Procedure type: Abbreviated.

• Accredited facts: * Date: December 30, 2019, approximately at 02:30 hours. * Location: Intersection of Padre Vicente Irarrázaval and Antártica streets, commune of Estación Central. * Conduct: Nombre, along with Nombre and a third unidentified subject, conspired to commit the crime. They crossed the path of the Mahindra Skorpio vehicle, license plate JBPT-37, driven by the victim, Nombre. Nombre opened the vehicle door, displayed a butcher knife, and intimidated the victim, forcing him to exit. Nombre got into the vehicle as the driver, while Nombre got into the back seat, fleeing with the vehicle.

• Legal qualification and sentence imposed: * Crime: Robbery with intimidation, consummated. * Sentence: Three years and one day of imprisonment in the maximum degree of minor imprisonment. * Accessory penalty: Article 29 of the Penal Code (not specified in the summary).

• Benefits/accessory measures granted: * Replacement of the cu...