In the domestic violence case of Lin Bingshu, he was sentenced to 2 years in October and paid a fine of 780,000, and may only need to be imprisoned for 14 days! Lawyer Li Yusheng explained relevant laws.

Judge Lin Bing paid a fine of NT$780,000 in October 2020 and may only be imprisoned for 14 days!
Reported by reporter Zheng Huiliang and Hong Xiyu/Taipei City

News link: https://news.cts.com.tw/cts/society/202210/202210012093702.html

yahoo news

Lin Bingshu committed violence against legislator Gao Jiayu. The first instance verdict for this case was announced yesterday (30th). Lin Bingshu was sentenced to 2 years and 10 months in prison. Look at the total of 13 crimes he committed. However, among them, only the crime of assault was sentenced to 8 months and could not be fined. All other crimes could be fined because Lin Bingshu was detained in December last year and has been detained for 226 days. , the part for the crime of injury was sentenced to 8 months, which is equivalent to 240 days. In other words, as long as he pays another fine of 780,000 and serves another 14 days, he can regain his freedom. When Gao Jiayu heard the news, he called the sentence too light. Can not accept. However, in practice, domestic violence sentences are generally light. Some lawyers say that because domestic violence tends to be psychological abuse, there are not many cases of serious injuries. Whether the punishment should be increased has also triggered outside discussions.
Legislator (Citizen) Gao Jiayu said: "This is almost a light sentence for the defendant, so we think that such a sentence is completely unacceptable to us." After being speechless several times, legislator Gao Jiayu made his first speech after Lin Bingshu announced the verdict of the first trial. When she showed up, she was obviously put under house arrest, tortured, forced to kneel naked, and had obscene photos taken. However, after Lin Bingshu came to the case, she only admitted to the crimes of injury and coercion, and denied all the others. Recalling the trial, she felt completely humiliated.
Legislator (Citizen) Gao Jiayu said: "The defendant actually used various deceitful methods to get out of guilt and kept lying. He kept fabricating facts in court. Such a vile and despicable behavior. We think that based on the current sentence, "The defendant was not given the punishment he deserved." The New Taipei District Court found Lin Bingshu guilty of 13 crimes including injury, forgery, intimidation, aggravated defamation, and coercion. The merger should be executed for 2 years and 10 months. Among them, only the crime of injury cannot be exonerated. Lin Bingshu was fined, and Lin Bingshu had previously been detained for 226 days. This means that as long as he pays 2 years and 2 months, a fine of 780,000, and serves 14 days, he can regain his freedom, which caused an uproar from the outside world.
However, in this type of domestic violence cases, an unnamed judicial judge said that the sentences in the past were not harsh, and whether the sentences should be increased has also triggered discussions.

Lawyer Li Yusheng said: "Victims are often injured, even with bruises and swollen faces, but the injuries suffered by the victims are often only minor flesh wounds. Therefore, when sentencing, the judge may not be able to give the perpetrator a relatively severe sentence." The lawyer reminded. , Domestic violence is a gradual process. If it occurs once, be careful. Domestic violence victims can apply for a protection order. They also pointed out that based on practical experience, domestic violence tends to be psychological abuse, and there are not many cases of serious injuries.
But Lin Bingshu is basically a repeat offender. Legislator (Citizen) Gao Jiayu said: "In fact, I was not the only one who was harmed during the process. People who were harmed at the same time included more than a dozen (women)." There were as many as 10 victims. There were more than 10 people, but no one dared to come forward because they were worried that Lin Bingshu would retaliate. Now Gao Jiayu has come forward to speak out, hoping that the prosecutor will appeal for a harsher sentence so that victims of domestic violence can obtain judicial protection and no longer be afraid.

➖➖➖➖➖➖➖➖

If you have any relevant legal questions, please feel free to call us, we will sincerely serve you!

Line：https://line.me/ti/p/@fdlaw
Tel:0277093611
Facebook:https://www.facebook.com/fudalawyer
website:https://fdlaw.com.tw/
e-mail:info@fdlaw.com.tw