| 社會依民意設立刑罰，無非為社會之續存。人因社會化不完全而犯法，致入罪服刑，雖甚憐憫之，僅得依法減免之，否則社會勢必動盪。是社會之自決，有所犧牲，不得已也。 |
The society has established the criminal punishment according to the public will on purpose of society's sustainability. We feel sorry for an incompletely socialized person committing criminal, being sentenced guilty and thus being punished, but we may only reduce or remit his punishment according to the laws, otherwise, the society will be in chaos. Within the society's decision, we cannot help but make a sacrifice. |
| 刑罰除有教化之功能外，尚有應報之效果，故教化之可否與應報之應否，應併予審酌。倘應報之應然已趨於無限，再論究教化之可能，實屬多餘。 |
The criminal punishment has not only the function of repentance but also the effect of retribution, so we shall consider both the possibility of repentance and the necessity of retribution before sentencing a criminal punishment. However, if the necessity of retribution approaches to infinity, it becomes superfluous to discuss the possibility of repentance. |
| 被告殺害[1]恩人、陌生人，已經確證[2]者，應受無限之應報，無庸論究其教化之可能，即得判處死刑。至於被告受被害人身體上或精神上凌虐，進而起意殺害之者，其應報之應然既為有限，則其教化之可能，即有論究之必要。 |
A defendant clearly proved[2] killing[1] his benefactor or a stranger shall deserve infinite retribution, so we may sentence him to a capital punishment without discussing the possibility of his repentance. While in the case of a defendant suffering physical or mental abuse from the victim and thus killing the victim on purpose, since the necessity of his retribution is finite, it becomes necessary to discuss the possibility of his repentance. |
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