熊某因涉嫌贪污罪、受贿罪被一审法院判处有期徒刑12年，熊某不服提出上诉。第二审人民法院审理后，发现原判决认定事实没有错误，但量刑不当。请问，第二审人民法院应当()
A．如果量刑畸轻，应当维持原判
B．如果量刑畸重，应当维持原判
C．只要量刑不当，就应当发回重审
D．只要量刑不当，就应当依法改判
参考答案：A
解析：根据《刑事诉讼法》第189条第(2)项的规定，第二审人民法院对不服第一审判决的上诉案件，经过审理后，发现原判决认定事实没有错误，但适用法律有错误，或者量刑不当的，应当改判。同时，根据该法第 190条的规定，第二审人民法院审判被告人或者他的法定代理人、辩护人、近亲属上诉的案件，不得加重被告人的刑罚。本案系被告人上诉案件，第二审人民法院发现原判决量刑畸轻，也不得加重对被告人的刑罚，而只能维持原判。因此，本题正确选项是A。
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| When I was in the seventh grade, I was a candy striper(义I) at a local hospital in my town. I 1 about thirty to forty hours a week during the summer. Most of the time I spent there 2 with Mr Cillespie. He never had any 3 , and nobody seemed to care about his 4 . I spent many days there _ 5 his hand and talking to him, helping with 6 that needed to be done. He became a close friend of mine, 7 he responded with only an occasional 8 of my hand. Mr Gillespie was m a coma(昏迷). I left for a week to 9 with my parents, and when I came back, Mr Gillespie was gone. I didn't have the 10 to ask any of the nurses where he was, 11 fear they might tell me he had died. So with many 12 unanswered, I continued to volunteer there through my eighth-grade year. 13 years later, when I was a junior in high school, I was at the gas station when I noticed a 14 face. When I realized who it was, my eyes were filled with tears. He was 15 ! I asked if he was Mr Gillespie. With an 16 look on his face, he replied yes. I explained how I knew him and that I had spent many hours talking with him in the hospital. Tears 17 up in his eyes, and he gave me the warmest bug I had ever 18 . Then he told me about his life and what 19 of him to put him in the coma. We cried for a while and exchanged a bug, said our goodbyes and went our 20 ways. | ||||
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