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【裁判要旨】刑事审判应当以宽严相济刑事司法政策为指导,当被告人存在法定从轻、减轻情节的,应酌情考量个案中的酌定情节,从而做出适当的量刑;在适用减轻处罚时,综合考量案件的特殊性和影响量刑的各种因素,可以跳过中间的刑罚幅度,减两格在相应的量刑幅度内适用刑罚;当对被告人减两格处罚后符合缓刑适用的形式和实质要件的,可对其适用缓刑。
The purpose of the referee Criminal trial should be based on the criminal justice policy of leniency and strictness as the guide, when the defendant there is statutory lighter, reduce the circumstances, as appropriate, consider the discretion in the case, so as to make the appropriate sentencing; in the application of mitigation , Considering the particularity of the case and the various factors that affect the sentencing, the penalty range in the middle can be skipped and the penalty for two cases can be applied within the range of corresponding sentencing. When the defendant is reduced by two cases and meets the applicable form of the suspended sentence Essential elements of the probation can apply to them.