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TITLE 【Syllabus of Latest Opinion】Supreme Court en banc Decision 2018Do5475 Decided January 21, 2021 【Attempted Special Bodily Injury; Assault】 [full Text]
Summary
Meaning of “arbitrary mitigation”
In a case where it is recognized that there are grounds for which punishment is to be arbitrarily mitigated, and a judge mitigates the punishment by Acts according thereto, whether both the upper and lower limit of the term of the punishment ought to be reduced by one half thereof in accordance with Article 55(1)3 of the Criminal Act (affirmative)
Whether such interpretation in current precedents and practice is still reasonable (affirmative)
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