For what it’s worth.
I have sent emails to both the ‘Taiwan news’ website, and the ‘Taipei Times’ to ask for confirmation of the sentencing and judgment. I think this story is in the interest of the general public, but it is not what I think.
4 Likes
Hmm?
1 Like
Besides standing up for yourself you are also doing society a favor. Well done. You’re the man.
4 Likes
Eh can we pull funds together in a GoFund page or something to send this man on vacation to Ibiza? Or at least Guam?
Por lo menos invitarlo a una cerveza.
4 Likes
Pull funds??? I would rather pull a Nari.
I don´t think the judges have a way to complain about crooked police works, but I wish they have. At least they have plenty of evidences against them.
I don´t have good experiences with the news in Taiwan.
This is a great verdict. Justice has been served for once. To me, it looks like a lot depended on the independent witness who came forward - kudos to them for that. It must be a good feeling to at least have the initial criminal case behind you now.
3 Likes
Well, their possible appeal is still there, so I cannot say yet that is over. Nevertheless, it was good news that their lies were not believed. Hearing them and their lawyers lie was frustrating.
The 主文 is up. Go to http://www.judicial.gov.tw, scroll down to the bottom and click on 裁判主文公告 (under 資料查詢). Then select the Taiwan Pingtung District Court and enter the case number, including the year (under which the case is recorded, not always the year in which it’s decided) and case type.
I believe the information reported by Nacho’s wife is correct, but she omitted the part about the guys losing their fishing paraphernalia. 
9 Likes
Thanks for that information, yyy, and my apologies to everyone for posting misleading information, and especially to NachoPR. I wasn’t aware that information about the judgment was available elsewhere on the Judicial Yuan website.
Again, thanks to yyy.
In case anyone wants to try machine translation:
1 Like
Wu ZhiMing is found guilty of attempted murder, recidivism and sentenced to a fixed term of imprisonment of 6 years. The fishing rod holder mentioned in the case was confiscated.
Li RenJie is found guilty of attempted murder and sentenced to a fixed term of imprisonment of 5 years. The fishing rod holder mentioned in the case was confiscated.
Cai MengQi and Zeng ZhenYi are both found guilty of attempted murder and sentenced to a fixed term of imprisonment of 3 years and 6 months. The fishing rod holders mentioned in the case were confiscated.
8 Likes
Why did they get different sentences? Some had better lawyers than others? lol
1 Like
The first one is a recidivist (累犯, repeat offender). Recidivism allows a sentence to be increased by up to 50% (Criminal Code Art. 47 Par. 1), unless the prior sentence is from a foreign court (Art. 49).
For the difference between the second one and the other two, we need to wait for the 全文 to find out.
Btw the minimum/maximum sentence for crimes in the “homicide” chapter varies:
-
murder of a lineal blood ascendant: min. life, max. death
-
2nd degree murder by “righteous indignation” (當場激於義憤而殺人): no min., max. 7 years
-
murder of newborn child by mother: min. 6 months, max. 5 years (does Andrew know about this?)
-
assisted suicide: min. 1 year, max. 7 years (unless it’s intended as a joint suicide)
-
negligently causing death: no min., max. 5 years and 3000 “yuan” (so actually 30,000?)
-
just plain homicide (殺人): min. 10 years, max. death
If I understand the relevant parts of the CC correctly, it’s that last one that we’re looking at here, and the four men are considered joint (共同) perpetrators, with no solicitor-accessory relationship, so that leaves the fact that the crime was merely attempted (Art. 25 Par. 2) as the most obvious reason for the below-minimum sentences. Further reasons for reducing a sentence can be found in Art. 59 and following.
Personally, I think these sentences of 3.5 to 6 years are insufficient, but I look forward to reading the court’s reasoning.
Honorable Charlie has probably posted more useful/interesting information over the years than my worthless self ever will. 
4 Likes
Thanks! But I think you’re well past me in the quality department, and by now you’ve probably surpassed me in relevant quantity.
But anyway, thanks! 
Thank you for this illustration. On the 1st day in front of the trial the presiding judge asked the defendants if they were going to retain a lawyer as their charge was very serious and carry a minimum sentence of 10 years. The fact that they got much less make me wonder what I heard although I know that there must be a reason for this. The above guidelines are for murders, but this was an attempted murder (close as the doctor said that one centimeter deeper and I would have died instantly). I dont know if they make distinctions here between the two, if so then the above guideline would not apply, although the judge mentioned as I have just said the 10 year mark.
The 2 defendants getting more time I am assuming were because one had a prior record for attempted murder and the other one was the only one admitting trying to hurt me (not kill me) so maybe he was the one blamed for the stab wound to the heart area, although his testimony did not explain the stab wound as he said that he never stabbed me.
I think that the 3.5 years sentence for the two was very low as they were all as guilty as the rest. Anyone who assisted the trial would have no doubt that they were guilty. The sentence seems too low for me.
Another one is that once they start their sentence it may be reduced for good behavior or else. Anyone has any idea on this? In the US violent crimes can get 15% reduction, non violent get 50% reduction, federal crimes get none. Im in favor of some reduction for good behavior as modification of behavior is very important. However some countries like Spain let people go with only a third served and I dont think that this supports reinsertion, it promotes criminal life.
Well, in my understanding there is “murder”, “homicide” and “mayhem”. Each class still devides in “on purpose” and “attempting”.
According to the OP “only” 1 stabwound (that one close to the heart) falls in the attempting homicide category.
Unfortunately it cant be proved who did cause that injury, so it is impossible to punish all 4 of them accordingly.
Therefor they all could be only judged for mayhem and as mayhem could be also diverted into medium and severe I personally think the sentencing is ok as it is.
One of those guys is a repeated offender, so he gets extra time.
The only thing what does not add up is why 1 guy gets 5 years …
But on the sentence as seen in the court´s website they get guilty for attempted murder, not mayhem. No?
This makes sense as even though only one can do the stabbing, they all helped and lied afterwards. Its like they all planned it.
I think that the one getting 5 is the one admitting wanting to hurt, not kill. The others denied any attack.
Well, maybe this is a technical issue. Maybe Taiwan does not make a difference between murder and homicide.
I am not a lawyer, but the charge should have been for attempting homicide from the beginning, because of the simple fact that murder needs some kind of planing in advance.
This clearly wasnt your case as you bumped into each other at a beach having an argument and the outcome escalated.
It then should have been the prosecutors job to execute his/her duty, but due to the circumstances (group attack, lazy police work for whatever reason) well … this failed.
Things would look much more different by just having one single offender. Period.
Regardless what I personally think about those people, even for them there is the principle of “in dubio pro reo”. And you really should start to accept this too.
Therefor a verdict for attempting murder cant be justified for those denying the charges.
Well, that guy admitting his guilt to above charge … I can only guess his tactic was wrong and/or he simply received very bad lawyers advice. Afterwards it is always easy to judge.
It is actually sad to see that being honest (and likely also being regretful) you get more punished than those denying everything.
To the OP
Please find some closure to the criminal charges from all of this. I really dont get it why you apparently doubt the verdict.
They all received their lawfully right punishment, do you want them all to serve more years? Why you care so much when they will be out again?
Now focus on the “maybe” financial compensation, but I dont think you will get much from this.
Otherwise be happy and grateful to be alive and enjoy the plenty of good reasons to live in beautiful Taiwan.
1 Like
My fear is that they appeal and get a more lenient judge and end up with probation. That would be a travesty but wouldn’t surprise me.
3 Likes