2. There is no quantitative standard, and it is said that it is necessary to have certain differences before changing the judgment. The Criminal Procedure Law stipulates that the reasons for changing the sentence are that there is no mistake in ascertaining the facts, wrong application of the law or improper sentencing. Because there is no specific judicial interpretation that improper sentencing must be changed, in principle, as long as the court of second instance finds improper sentencing, it will change the sentence.
3. It matters, because the change of judgment by the court of second instance will affect the performance of the court of first instance. Usually, if the facts are unclear and the evidence is insufficient, the court of second instance will send it back for retrial, rather than changing the sentence. There will be room to relax.
Extended data
According to the Civil Procedure Law of People's Republic of China (PRC)
Article 170 After hearing an appeal case, the people's court of second instance shall handle it separately according to the following circumstances:
(a) the original judgment or ruling found that the facts were clear and the applicable law was correct, and the judgment or ruling rejected the appeal and upheld the original judgment or ruling;
(two) the original judgment or ruling found that the facts were wrong or the applicable law was wrong, and the judgment was revised, revoked or changed according to law;
(3) If the basic facts of the original judgment are unclear, the original judgment shall be revoked and sent back to the people's court that originally tried for retrial, or the judgment shall be revised after the facts are ascertained;
(4) If the parties concerned are omitted from the original judgment, or the judgment by default is illegal and seriously violates legal procedures, the original judgment shall be revoked and sent back to the people's court that originally tried the case for retrial.
After the people's court of first instance has made a judgment on the case remanded for retrial, if the parties appeal, the people's court of second instance shall not remand it for retrial again.
References:
China People's Congress Network-People's Republic of China (PRC) Civil Procedure Law