林益世宣判

前行政院秘書長林益世涉貪,向陳啟祥收賄6300萬,特偵組以違背職務收賄等四罪將他起訴,最高可判無期徒刑,而林益世一家更有五個人列為被告,而台北地院今天下午一審宣判,法官認定6300萬是公務員恐嚇取財,另涉犯財產不明來源罪,判刑7年4月,其於相關眷屬,通通無罪。

就在宣判前一刻,林世益和妻子彭愛佳步出家門,前往律師事務所等待判決結果。

[[台北地方法院發言人 黃俊明]]
“被告林益世的貪污行為,不該當於貪污條例裡面的貪污行為,但是他有利用他的職權,利用職務上的權利跟機會,犯了恐嚇得利”

一審宣判,認定林益世幫爐渣業者陳啟祥喬合約,向中鋼、中聯施壓所收取6300萬不是檢方起訴的貪污所得,而是公務員恐嚇取財,判刑5年6月,另外涉犯財產不明來源罪判刑2年,合併7年4個月,褫奪公權5年,罰金1580萬,已查扣的部份則沒收。

[[林益世委任律師 陳松棟]]
“法院還是做成部分有罪的判決,在辯護人的立場感到遺憾,就這一部分有罪的部分會研究提起上訴”

法官認為林益世不涉及貪污,連帶的讓母親沈若蘭的共同收賄、妻子彭愛佳以及2位舅舅的洗錢罪等,通通被判無罪。也讓綠營不能接受。

[[民進黨前主席 蔡英文]]
“我覺得這跟外界預期落差蠻大,我們期待司法就是說,對同樣的案件屬性相同的案件,司法的標準要一致”

對照當初檢方在結辯庭以「豺狼當道」痛批林益世惡劣,求處無期徒刑,如今一審結果出爐,檢方表明將提出上訴。

Opposition party says sentence for former Cabinet official falls short of expectations (2013/04/30)

Prosecutors had sought a life sentence for a former KMT Cabinet official accused of extorting bribes and jail terms for four of his family members accused of related crimes. On Tuesday Lin Yi-shih was found guilty of lesser crimes and sentenced to seven years, four months. The other defendants were found not guilty. 

On Tuesday afternoon Lin Yi-shih and his wife Peng Ai-chia left their home to go to their lawyers’ office. It was there they heard the verdict.

Huang Chun-ming
Taipei District Court Spokesman
The corrupt acts carried out by the defendant Lin Yi-shih do not meet the conditions for corruption contained in the Anti-Corruption Act. But he did take advantage of his authority, using the rights and opportunities afforded to him by his position, to profit through menacing actions.

In the first verdict, judges found that Lin helped slag factory operator Chen Chi-hsiang reach deals with China Steel and CHC Resource Corp. They agree that he profited to the tune of NT$63 million, but do not feel that it constituted bribery, as prosecutors tried to show.Instead the judges felt it constituted a civil servant obtaining property by threat. For this, they sentenced him to five years, six months. They sentenced him to another two years for failing to account for an increase in property inconsistent with his earnings. They combined these sentences, giving Lin seven years, four months in jail and taking away his civil rights for five years. He was fined NT$15.8 million. Illegal earnings that had already been seized will be confiscated.

Chen Sung-dung
Lin’s Defense Attorney
The defendant regrets that the court found him guilty on certain accounts. We will research whether to appeal these rulings.

Many were shocked that the court did not find that Lin’s crimes amounted to corruption. His mother, Shen Juo-lan, had also been accused of accepting bribes, and his wife, Peng Ai-chia and two uncles were accused of money laundering. All were found not guilty. Former DPP Chairwoman Tsai Ing-wen disagreed with the court’s ruling.

Tsai Ing-wen
Former DPP Chairwoman
I think there was a major disparity between the verdicts and what observers had come to expect. We expect the courts to adhere to the same standards for cases that have the same or similar merits.

Prosecutors had described Lin as a tyrant who used his power for ill-gain. They requested life in prison. After failing to get that on Tuesday, they said they plan to appeal.

文章出處 :民視英語新聞

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