SÍNTESIS.- En el caso, corresponde confirmar la resolución de grado en cuanto dispuso no hacer lugar a la excepción por manifiesto defecto en la pretensión por atipicidad.
En efecto, la Defensa plantea la excepción de atipicidad expresando que de la simple lectura de la imputación no se da el supuesto descrito en la norma (art. 52 CC CABA) dado que, surge con claridad que la presumida contravención atribuida a su asistido fue en el marco de una discusión, en un estado de enojo generado por la agresión inicial de la denunciante al arrojarle agua.
Ahora bien, en primer lugar, vale decir que la conducta de hostigar implica molestar a alguien de manera insistente ocasionándole el menoscabo de su dignidad. Y respecto de la acción de maltratar físicamente a otro, esta consiste en abusar de hecho de una condición de superioridad, estado o relación con la víctima. En este sentido, comete maltrato físico quien empuja a la víctima, la toma del brazo, o del pelo o la golpea sin causar lesiones. Asimismo, el maltrato debe ser físico, ya que las otras dos conductas punibles (las de intimidar y las de intimidar y hostigar) importan al menos un abuso verbal, escrito o gestual por parte del autor.
A partir de lo expuesto, cabe señalar que la conducta descripta en el requerimiento de juicio e imputada al encausado -donde el mismo supuestamente enojado, tomó a la supuesta víctima por el cuello con una mano, tomó detergente y le roció la cara y el cuerpo mientras le decía quien sos vos, ¿porque me echaste agua?- poseería, en principio, entidad suficiente para vulnerar los bienes jurídicos tutelados en la norma del artículo 52 del Código Contravencional de la Ciudad.
Máxime si se observa el contexto en el que se desarrollaron los hechos, el que transitaría en el marco de una situación de violencia doméstica en el que, según las constancias de la causa, la denunciante estaría inmersa y en una particular situación de vulnerabilidad.
M. C., M. M, Cámara de Apelaciones Penal, Contravencional y de Faltas, 9/05/2016
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Zune and iPod: Optimum persons assess the Zune in direction of the Touch, yet the moment viewing how slim and amazingly small and light-weight it is, I get it to be a really unique hybrid that brings together characteristics of each the Contact and the Nano. It’s Quite colourful and beautiful OLED display is a little lesser than the contact screen, but the player by itself feels reasonably a bit lesser and lighter. It weighs above 2/3 as much, and is noticeably smaller sized inside width and height, although remaining exactly a hair thicker.
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Apple already contains Rhapsody as an application, which is a best start, however it is now hampered as a result of the inability in the direction of shop domestically upon your iPod, and is made up of a dismal 64kbps little bit rate. If this variations, then it will rather negate this comfort for the Zune, nevertheless the Ten audio for every thirty day period will still be a substantial plus inside Zune Pass’ prefer.
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This is having a little bit added subjective, still I a lot favor the Zune Sector. The interface is colourful, includes added flair, and some neat attributes like ‘Mixview’ that permit your self out of the blue view very similar albums, songs, or other end users equivalent towards what you are listening to. Clicking on one of individuals will middle upon that solution, and a different preset of «neighbors» will come into look at, making it possible for by yourself in direction of navigate around investigating by means of equivalent artists, tunes, or consumers. Chatting of people, the Zune «Social» is as well fantastic enjoyment, enabling by yourself identify other folks with shared preferences and turning out to be pals with them. Your self then can pay attention to a playlist intended centered on an amalgamation of what all your buddies are listening to, which is additionally exciting. All those nervous with privacy will be relieved towards recognize your self can avoid the community towards seeing your personal listening practices if by yourself so make a decision.
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The fresh Zune browser is remarkably Terrific, yet not as Excellent as the iPod’s. It will work nicely, however is just not as fast as Safari, and is made up of a clunkier interface. If your self once in a while system upon working with the internet browser that is not an issue, nonetheless if you’re designing in direction of browse the net alot in opposition to your PMP then the iPod’s greater exhibit and far better browser might be considerable.
The clean Zune browser is amazingly very good, still not as constructive as the iPod’s. It works nicely, nonetheless is not as instantaneous as Safari, and incorporates a clunkier interface. If oneself often system upon utilizing the net browser that is not an issue, nevertheless if you might be coming up with in direction of study the world wide web alot versus your PMP then the iPod’s larger sized show and far better browser could possibly be major.
I’ll gear this study in direction of 2 models of people: latest Zune property owners who are contemplating an up grade, and people striving to choose concerning a Zune and an iPod. (There are other avid gamers value contemplating out there, including the Sony Walkman X, yet I be expecting this features your self ample data toward generate an informed conclusion of the Zune vs players other than the iPod line as nicely.)
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The Zune concentrates upon getting a Moveable Media Player. Not a world wide web browser. Not a recreation machine. Potentially in just the future it’ll do even better within those people areas, nonetheless for by now it’s a Great course towards set up and listen towards your music and videos, and is devoid of peer inside of that regard. The iPod’s positive aspects are its world wide web browsing and applications. If all those good additional powerful, maybe it is your excellent selection.
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