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林益世輕判

正當各界質疑司法不公時,法界人士也拿出幾個案例對照,顯示出司法矛盾,其實,馬英九總統兩年前,也因為陳水扁二次金改無罪判決,罕見的發表意見,馬總統說:不能漠視部分法官做出違背人民期待的判決,如今綠營痛批,因為林益世是馬英九愛將,所以馬總統現在選擇漠視。

外界痛批法官輕判林益世一案,有律師舉出案例做強烈對比。

曾有男子幫朋友把風搶超商,僅獲得700元贓款,卻被法官判刑7年6個月。反觀林益世,收了上千萬喬合約,判決結果只涉及恐嚇取財判,並只判刑7年4個月,法界認為司法失去公平性。

[[律師 莊勝榮]]
“(林益世)比較惡質的貪污,怎麼會變成無罪、恐嚇取財,判了7年,這個貪污,應該用貪污(判刑)。變成恐嚇取財6個月以上(刑期) ,這個落差天地之別”

而不得干涉及評論司法的馬英九總統,兩年前,可是為了陳水扁二次金改獲判無罪,冒著被批評的風險,也要對達體諒人民的憤怒。

[[總統 馬英九(2010.11.10)]]
“我個人身為總統,當然不能干涉審判中的司法個案,就算會因此捱罵,我還是不能干涉,我尊重司法不等於漠視人民對於"部分"法官,做出違背人民"合理期待"判決 的失望與憤怒”

對於扁案,馬總統有出來說話。但這回愛將涉貪輕判,外界反彈聲浪大,司法威信重創,馬總統則是沒任何回應,引發綠營批評。法務部長曾勇夫滅火,表示尊重檢方再提上訴,也透露案件來到高院二審,可能有不同見解。

Legal professionals consult precedents in Lin case (2013/05/02)

Alongside public discontent, legal professionals are making comparisons with precedents to show inconsistencies in former presidential aide Lin Yi-shih’s light sentence. As President Ma had previously sympathized with public anger over former President Chen’s innocent verdict two years ago, the DPP now criticizes his silence as the case involves one of his trusted aides. 

As public outcry over former presidential aide Lin Yi-shih mounts in intensity, many are making stark comparisons with legal precedents. 

Four years ago, a man in New Taipei City who assisted in the robbery of a convenience store made only NT$700, but was sentenced to seven years and six months. For Lin, however, receiving a bribe of millions and being convicted of extortion also received a comparable sentence. Those in the legal profession criticized the judiciary for this blatant injustice.

Chuang Sheng-jung
Lawyer
Why would Lin’s worse behavior be considered intimidation, or even legal, and deserving of only seven years in prison? This is corruption and should be sentenced as such. To consider it intimidation to extort funds, which carries a sentence of above six months, is a huge difference.

President Ma Ying-jeou, who normally refrains from commenting on judicial rulings for fear of criticism, still expressed his recognition of public anger for the verdict of innocence for former President Chen Shui-bian in the second-stage financial reform case two years ago.

Ma Ying-jeou
President (Nov. 10, 2010)
As the president, I cannot personally interfere with individual cases currently in the judicial process, even if I invite criticism. Yet my respect for the judiciary process is not equivalent to indifference toward the disappointment and anger felt by the public against some judges for their verdicts based on “reasonable expectations.” 

While Ma expressed sympathy with public outrage over former President Chen’s case, he has been noticeably silent on the light sentencing of one of his trusted aides, and the subsequent public furor. Minister of Justice Tseng Yung-fu tried to quell criticism by hinting that a second trial at the high court may yield different results, and that prosecutor’s rights for appeal is respected.

文章出處 :民視英語新聞

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