You are correct. The courts should have just taken you to a cell out the back and put a bullet in the back of your head, much cheaper. Case closed.
The self righteous bully was the one flipping the bird in the first place. You should have just kept on walking. If you hadn’t done anything wrong, you would not have ended up in court in the first place. We may disagree with the law as it stands, but it is the law of the land and you get done in by your own actions.
For sure in Taiwan the brief satisfaction of insulting someone is not worth handing them a hammer to bash you with.
I would say that Taiwan isn’t respecting your culture by banning your bird, and that its an accepted form of expression in your own country. It has been ingrained in history for hundreds of years and is used on a daily basis. It is a method of sign language, used to express a level of distaste, and can be used in instances where a lack of words cannot fulfil the desired effect. In your case, then it might be because your Chinese may be of a limited level?
I would also use the question “what is the meaning of the extended middle finger?” to gauge whether or not these people even understand the history of it, in case their simple lack of a full understanding is enough to claim an unfair complaint. If they don’t fully understand what it means, or have alternate definitions, then there is no precise complaint by default.
The problem with profanity is that it often simply cannot be ultimately defined as to its true definition. You can also try looking up the word “Fuck” as a good example. The problem with law is that unless it can define accurately a word, expression and a situation, then it cannot be defined.
You may already have half your defence as the guy was obviously attempting to control your movements without legal authority, and could therefore be considered to be aggravating you.
Just some thoughts.
You probably shouldn’t have given the bird, but just kept walking. If I were you, I would start walking there every day with a copy of the paper that got the case dismissed in the first place.
I agree the law needs to be challenged and you sound just stubborn enough to challenge it 
Maybe what you could do is start flipping the bird everywhere you go. Flip it at police officers, the judge at your trial, go to the prosecutors office and flip him the bird too. Better yet, get a big group of people to stand in front of the court house and take a picture of all of them flipping the bird. Post it on a website titled FUCK YOU.
Anyway, flipping the bird is not an insult. An insult is “you’re fat” or “you’re stupid” or “you’re ugly.” List out all of this person’s flaws and make that your defense. “But you’re honor, I didn’t say that her teeth are all jacked up. I also didn’t say that she was so ugly she would never find a husband. That would be insulting. I was simply trying to prevent her from taking a picture.”
Legal Note: This post is not meant to be insultmenting or otherwise encourage insultmentors.
I wonder where the limits are? Can I insult someone in Latin? Canis matrem tuam subagiget has a nice ring to it.
I remember this episode of Friends; I wonder if people could sue for this? Maybe we should bring this into common usage… 
Citing Friends episodes??? 
You seriously need some fuckin guy time, dude…
:no-no:
Or how about using “fucken”? It seem to have passed the legal acid test, thanks to Taiwan’s perspicacious and wise judges.
Fucken oof!
Goo fucken youse elf!
Fucken yorm other!
Fucken bimbo.
Fucken eejit.
That covers the spectrum and should be safe. Wonder if I can finger someone with the pinky? Or do the Italian thing flicking the thumb off the teeth?
Actually, in all seriousness, why not post a google map link for all of us to see. Also post the government website that encourages people to go here. Post any documents you have that prove this is public property. Then, we can all go out and get the lady all fired up. If she continues to file trespassing claims (especially after 4 or 5 have been thrown out), then someone will eventually have a harassment case against her. I would go out there if you posted the proper info 
I know. 
But be careful not to say, “Forget you, you fucken bimbo” or “Forget you, you fucken eejit,” because those are words that will get you into trouble.
Ah yes, good reminder. 
I can’t YouTube from here, but I fuckin keep thinking about that scene at the beginning of Rambo/John Rambo.
Johnny gets back to the snake farm and the little boss is on his ass in that exceedingly annoying Thai pidgin…
BOSS: Hey, no mo cobra, we got cobra, need python, next time you get python, no cobra, python, OK?
Johnny Rambo: Yeah, fuck you, OK?
I don’t know why, it just cracks me up…
I would love to know where the trail is. The world should know. Her camera’s memory card will not be capable of holding the images that a large Forumosa group walk would give her.
The insult law has been used to harass foreign nationals repeatedly. While surely some of the criminal complaints may arise from true misunderstandings, in my work I have repeatedly seen instances where people have used the filing of criminal charges against a foreigner under circumstances where the complete lack of insulting intent was clear to anybody with a lick of common sense. Obviously that excludes the individuals who enable such criminal actions – police and prosecutors who allow cases to proceed through to indictment where a swear word is merely used as an intensifier (“Hey, this chicken is fcking good!") or as part of a question ("What the fck is going on here?!?”) or as an exclamation (“Holy f*cking shit! You almost killed me with your blue truck!”).
I’ll show you in a second, and I agree with your statement.
I’m clocking in now to update my case. First, let me say…
[color=#FF0040]
I think I need an English speaking lawyer who understands this area of law, at least for some initial advice. Any advice in this would be much appreciated ASAP.[/color]
OK, here goes…
My trial, well, the continuation of it actually because it was adjourned previously after I agreed to write an apology, didn’t go very well from my perspective. It was like a Kafkaesque joke actually. I was flabbergasted how little my right to a fair trial seemed to matter. First, the interpreter assigned this time had unbelievably weak skills. I would have done far better to defend myself in Chinese than to use his translations of my statements. But he had a hard time, as the judge kept interrupting as I tried to explain my statements to the interpreter.
Anyway, it appeared to me the judge wasn’t at all interested in hearing whether my “insult” was justified in any way, just whether or not he felt I made the gesture in anger and that somehow my having lived here for 10 years required me to be aware that I shouldn’t be rude in Taiwan. That is, he seemed only concerned with my argument that the finger is commonplace in my country, a point I only raised when explaining it was an instinctive, defensive gesture that came naturally to me when being threatened by a camera wielded by a person obviously trying to frame me as a trespasser. But like I said, my line of reasoning was not a concern of his.
So, I was found guilty in a decision announced on Wednesday I think. He fined me $5000 and I can opt for 5 days in jail. I can appeal. That’s the good news though.
My accuser immediately filed a civil suit claiming damages to reputation of $100,000.
I need legal advice on how to deal with these two developments. My thinking is now to countersue the plaintiff for whatever works, such as harassment, false accusation, defamation, racial discrimination (several other foreigners living in the neighborhood insist she picks on foreigners or at least takes advantage of their weaker defenses to harass them more effectively. She (OK, I guess I can call her by gender now that it’s been in the local papers) actually led police officers into my friends’ home recently against their resistance. Any local would surely take legal action, but that’s much more intimidating for a foreigner to do, and she seems to take advantage of this.
BTW, to all my detractors on this thread, I sincerely wish for you to meet this woman.
I need to file my appeal right away. I’ve got 10 days from the verdict. I’m meeting with a lawyer on Monday, someone who “knows” my mother in law I think. But I’m going bonkers having meetings with lawyers in Chinese. It’s almost as bad as trials in Chinese.
The problem is, I can’t afford to blow all my savings on lawyers. My wife even says that the state doens’t provide free lawyers to the defense unless the sentence is severe. I find it excruciatingly insane to think that a person could bankrupt another person simply by accusing them of something, then charging them for insultment when they react and pressing a civil suit for damages to reputation.
Can I hire a lawyer and make her pay for it if she loses?
If so, why is she so confident to advance this civil suit. Could she win that suit while my criminal conviction is still under appeal?
Here is a link to the Xindian City Website page introducing the public to the trail area that I was accused of trespassing into.
sindian.tpc.gov.tw/releaseRe … ageID=1000
Here is a Google Maps link. Maybe I’ll add a Google Earth marker later.
maps.google.com/maps?f=q&source= … 8&t=h&z=19
How was her reputation damaged from getting the bird? I really hope you find a good lawyer and shut this woman down. Are people here really that clueless about what the bird means? I won’t pretend to understand Taiwan’s law on this…of course, I want to say her claim is 110% baseless, because to common sense it is. What are the lawyers you talked to saying?
Flipping the bird = Fuck You!
I think the Taiwan people have figured this one out by now.
Sorry to be the bearer of bad news, dearpeter, but you’re most likely fucked. There are numerous instances of locals being nicked for big money for lesser offenses than yours. For example, not long ago a Taiwanese guy got hit up for 100K for calling a woman he had a disagreement with an “old woman.”
I speak from personal experience. When I moved here twelve years ago I was constantly flipping off taxi drivers and blue truck desperadoes and when one day I realized none of them were flipping me back I asked my wife what was going on. She told me all about the “insultment” law and since then I’ve been getting constant updates in order to keep me on the straight and narrow.
I’m now a reformed former bird flipper and public inciter and other than occasional lapses it seems to be sticking. So, there but for the grace of God go I.