Female teacher faints, security guards stage fake CPR, real indecent assault; acquitted in first trial, sentenced to 8 months in second trial | Lawyer Li Yusheng explains

News Summary

According to a report by CTV News, a female elementary school teacher in Taoyuan collapsed on campus due to stomach pain and general discomfort. When a security guard surnamed Yang arrived, the teacher accused him of touching her breasts and attempting to kiss her while she was unconscious and unable to resist. The security guard claimed that he was performing CPR. The first instance court ruled that the security guard's first aid technique could not be ruled out, and therefore acquitted him. The second instance court, after reviewing the surveillance footage, witness testimonies, and the security guard's statements, determined that he did not actually perform CPR, overturned the original verdict, and sentenced him to eight months imprisonment for indecent assault.

Lawyer Li Yusheng explains

Attorney Li Yusheng of Fidelity Law Firm stated that after reviewing the surveillance footage again in the second instance, the court concluded that the security guard did not actually perform CPR, but rather took advantage of the female teacher's inability to resist to commit indecent assault. In such cases, the judgment cannot solely rely on whether the perpetrator claims to have performed "first aid." The court will also comprehensively examine whether the actual actions conformed to first aid procedures, the surveillance footage, the observations of witnesses present, and the consistency of the party's statements. If the perpetrator takes advantage of another person's mental or physical state, causing them to be unaware or unable to resist, to commit indecent assault, they may be guilty of indecent assault by taking advantage of their vulnerability. The different outcomes of the first and second instance trials in this case also illustrate that how images and testimonies are interpreted often directly affects the determination of the facts of the crime; in such cases...Criminal DefenseObjective images, witness testimonies, and statements should be compiled as early as possible to avoid one-sided interpretation of key evidence.

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