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在邓玉娇案中,民众给予其巨大的同情,案件最终的处理结果是被告人被处以较轻的刑罚。本文旨在研究民众同情心影响量刑的机理和途径,为转型时期法官在刑事司法量刑时是否应关注以及如何关注公众同情心提供一些建议。
In Deng Yujiao’s case, the people gave him great sympathy. The final result of the case was that the defendant was given a lighter sentence. The purpose of this article is to study the mechanism and ways of people’s sympathy affecting the sentencing and to provide some suggestions on whether the judge should pay attention to the sentencing of criminal justice during the transitional period and how to pay attention to the public’s sympathy.