You know the saying “praise the bridge as you pass over it”
Don’t cuss out the entire system just yet, as you are still relying on that system to uphold some level of justice for you.
Just two cents
I think Nacho is entitled to his point of view, he’s been through a lot after all.
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Not what I’m saying, but yea I agree fully with that.
and like I said, just two cents is all
Yep I also get your point. It’s something that brings out strong emotions. I respect Nacho for his point of view ,he hasn’t become ‘watered down’ yet and is still alive . Long may it continue !
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I am criticizing the Taiwanese police, the Taiwanese media and racism wherever exist. I have not criticized the judges or the judicial system although I am opening a new front now: an appeal that automatically grants a new trial is an insult to the victims and to the witnesses, and an obstacle to Justice itself.
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That is insane. Sorry to hear that.
P.S. I just put quotation marks on the ‘fishermen’ in the thread title.
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I totally agree. That is how the system wears justice out. And I agree if 4 foreigners did this to a Taiwanese it will go very bad for the foreigners and there probably wouldn’t be endless appeals because their sentences will be increased
In Taiwan justice can be retried and appealed
They often need an exterior voice. World wide condemnation before the Taiwanese will act especially against their own people
In your case the perps were hoping to get a slap of the wrist. They should have just pushed you around and threw a few punches and not cause any real injury then they will get the slap of the wrist and all is over
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The appeal does not “automatically grant a new trial”, it can be considered meritless and rejected for example.
You can find the statistics on that with the link @yyy provided earlier.
However completely agree regarding an insult to the victims.
Go back harder at them Nacho, tell the judge how you live an honest life here these ex cons druggies tried to kill you, tell the judge how you are psychologically scarred taking it a day at a time etc. More years for the SOBs behind bars !
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They can refuse to hear an appeal, and sometimes they do. They can also refuse to hear initial complaints. In the cases I’ve looked at, I only recall a few refusals to hear appeals (i.e. cases in which the court issues a brief ruling instead of a full trial followed by a judgement).
One of those was because the litigation fee was paid after the deadline; I did wonder, though, if it was a face-saving measure by the appellant because he thought he would lose the appeal but figured not appealing would look like an admission of defeat, so instead of yes I lost, he can say the appeal was rejected on a technicality! 
Another one was refused because the appeal was based on non-legal arguments, something like we can’t afford not to do business this way! 
I believe Nacho is complaining that a full trial should only be conducted a second time in an extreme case, like the rules for getting a retrial – which can happen because new evidence is discovered, or the judge in the first trial turns out to be related to one of the parties, or someone is convicted of bribery in relation to the case, or other reasons like that – whereas an appeal should only analyze specific points, e.g. whether law x was correctly interpreted, whether a certain precedent is still valid, and so on.
So, if there’s a whole new trial just because it’s plausible that there might be an error somewhere in the reasoning of the first judgement, it can seem like the first trial was just a preliminary round of questioning, and the original sentence was just a recommendation.
For better or worse, that’s how Taiwan’s system is designed.
Btw Nacho, to avoid confusion we should call the 臺灣高等法院高雄分院 the Taiwan High Court Kaohsiong Branch (or Branch Court).
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I have an appointment Monday at 2pm with a free lawyer, I will ask him questions and post the answers here. I will also be visiting in person the 臺灣高等法院高雄分院 the Taiwan High Court Kaohsiong Branch (or Branch Court) most likely on Tuesday, and anything I will post it here. I think that I may open a new topic soon in which people can share Court experiences, I have several on my own dealing with civil cases and it could benefit us all.
YYY, Where is the link that Nevermind said that you posted with statistics on appeals? I cannot find it.
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I’m not sure which post he was referring to, but they have some statistics on the Judicial Yuan’s website.
https://www.judicial.gov.tw/juds/Engs0.htm
https://www.judicial.gov.tw/juds/gen/gen.htm
Thanks. I cannot find statistics on appeals, but it is appreciated anyway.
This part is the statistics.
"近5年高等法院刑事第二審案件終結情形，以駁回上訴比率最高，介於56%至63%，其次為撤銷原判，介於31%至36%，而撤回上訴則介於5%至8%。
106年駁回上訴占58.57%，撤銷原判占33.74%，撤回上訴占7.58%，其他終結占0.11%。"
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This link:
https://www.judicial.gov.tw/juds/goa/goa01-1jd.htm?year=107&month=06
I’m yet to experience this myself soon in criminal court.
@yyy, thanks for your input, seems both of cases you mentioned are civil cases?
Statistics screenshots for criminal cases:
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Thanks for the links. I just checked, and in one of the cases I was thinking of, there was a 裁定 rejecting the appeal as 不合法, but that still counts as a 駁回. In another case, there’s a 裁定 noting that the fee needs to be paid or else the appeal will be 駁回, but the case history shows nothing after that except for the appeal being 撤回 with no explanation, so I assume that means it was voluntarily withdrawn and not dismissed on a technicality after all (not 100% sure).
To sum up, then, if I’m not mistaken, an appeal is declared 不合法 if it’s filed for reasons the court won’t entertain (or if the fee isn’t paid on time?), it’s declared 無理由 if the court is willing to hear it but ultimately decides against the appellant, and if it’s 撤回 that means it’s withdrawn.
Anyone who knows more is invited to clarify.
Why will you go to the high court on tuesday ?
What’s the purpose of doing so ?
Regardless whether the appeal will be accepted or not, I still dont understand why the OP (for now) can not put his ordeal to rest.
But he seems to like to do some court-battling based from his other threads …
Please put the facts down here.
The OP is kind of unhappy with the verdict. Did he himself appeal ? As far as we know he did not, question remains why ?
One, some or all offenders now appealed. So what ? Almost everybody in such situation would do so, it simply buys you more time in freedom and you have put hope in a more favoring sentencing.
That is the way in a democratic country.
Yeah, Taiwan is partly racial, but after all we still are guests in this country. A lot of things already improved, but that is an entirely different subject.
So next step will be whether the High Court will accepting the appeal.
Please show some respect towards the Kaohsiung High Court, ok ?
And yes, an appeal is indeed a slap into the victims face, but honestly this is not special Taiwan related. The OP would face exactly the same situation in his native country and luckily we are not living in the USA where things are handled differently.
In fact if I would be the OP I would hope for a new trial, which would include a new prosecutor.
I am sure the revised sentencing would be harsher.
Anyway, all documentations has been done. The OP likely would have to do another personal statement (if not i would suggest he insists on doing so) - which he should prepare very well.
Thats it
So what is the point of having this discussion here playing the race card ?
The OP just makes his 2nd life miserable as it looks like “this” is the center-piece of his current life.
Not hard to understand at all. OP was ganged up on by 4 “adult” males, beaten, and stabbed to within 1cm of his heart, which would have been instantly fatal. And for what? A cut fishing line? Some words said in anger? Trying to defend his own life?
OP is willing to live with the mental and physical trauma long enough to ensure these criminals pay for their crimes. Simple. And admirable.
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Bb, you can find answers to your questions earlier in this thread.
If you think there’s no point to this discussion, my advice is not to discuss it. 
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that seems true.
Part III of The Code of Criminal Procedure is on appeal.
Articles 344-402