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The Supreme Court decided to reduce the sentence to a marijuana trafficker sentenced to five years and one day by the criminal court of Aric, after determining that an error had was committed in the clbadification of the crime for which he was sentenced.
More specifically, the second chamber of the highest court, consisting of Ministers Hugo Dolmestch, Carlos Künsemüller, Jorge Dahm, Rodrigo Biel and the lawyer (i) Leonor Etcheberry, decided to accept the appeal for annulment and to pronounce a penalty of substitution for Juan Eduardo Peralta González.
Thus, Peralta was now sentenced to 541 days of suspended imprisonment. as the perpetrator of the crime of trafficking small quantities of drugs, committed in November 2016 in Putre.
The foregoing, as detailed in the judgment of the Court, after the court which sentenced him to Arica erred in clbadifying the crime as drug trafficking, because it was more of a micro-trafficking activity since the quantity of marijuana seized was 95.5 grams .
"That this quantity of drugs, given its small size in the opinion of the Court, more closely matches the criminal offense described and punished in Article 4 of the law n ° 20 000 ] trafficking small quantities of drug ", describes the decision.
The decision of the Supreme Court was finalized, despite the votes against the ministers Dolmestch and Künsemüller, who had to dictate Absolutory replacement award .
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