1. Anyone who, by any means or procedure, causes another person psychological harm or a less serious injury as defined in section 2 of article 147, or strikes or physically abuses another person without causing injury, when the victim is or has been a spouse, or a woman who is or has been linked to him by a similar relationship of affection even without cohabitation, or a particularly vulnerable person who lives with the perpetrator, shall be punished with a prison sentence of six months to one year or community service of thirty-one to eighty days and, in any case, deprivation of the right to possess and carry weapons for one year and one day to three years, as well as, when the judge or court deems it appropriate to the interests of the minor or person with a disability in need of special protection, disqualification from exercising parental authority, guardianship, curatorship, custody or foster care for up to five years.
2. If the victim of the crime foreseen in the previous section is one of the persons referred to in article 173.2, except for the persons contemplated in the previous section of this article, the perpetrator shall be punished with a prison sentence of three months to one year or community service of thirty-one to eighty days and, in any case, deprivation of the right to possess and carry weapons of one year and one day to three years, as well as, when the Judge or Court considers it appropriate to the interest of the minor or person with a disability in need of special protection, disqualification from the exercise of parental authority, guardianship, curatorship, custody or foster care of six months to three years.
3. The penalties provided for in paragraphs 1 and 2 shall be increased by half when the offense is committed in the presence of minors, or using weapons, or takes place in the shared residence or the victim's residence, or is committed in violation of a penalty stipulated in Article 48 of this Code or a precautionary or security measure of the same nature.
4. Notwithstanding the provisions of the preceding paragraphs, the Judge or Court, stating the reasons for doing so in the judgment, may, taking into account the personal circumstances of the perpetrator and the circumstances surrounding the commission of the act, impose a lesser penalty.