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Back「殺3人才算多數 法官過度解釋死刑釋憲案」土城殺妻男一審逃死 檢上訴
「殺3人才算多數 法官過度解釋死刑釋憲案」土城殺妻男一審逃死 檢上訴
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自由时报6 hours agoLaw2 min readChinaView translation

「殺3人才算多數 法官過度解釋死刑釋憲案」土城殺妻男一審逃死 檢上訴

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新北地檢署就男子謝文雄去年在土城當街砍死妻子與小姨子一案提起上訴,指出原判決在預謀認定過於嚴格、殘忍手段評價過窄,且未充分審酌被告再犯危險性,認為應以生命法益受高度保障為原則,不應以固定人數劃定門檻。

AI-generated summary

Why It Matters

男子謝文雄去年在新北市土城當街持刀砍殺妻子與小姨子,造成兩人當場死亡,案件震驚社會。新北地院國民法官庭於八月依殺人罪判處謝男無期徒刑,近日判決書出爐。

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檢提四大爭點

男子謝文雄去年在新北市土城當街砍死妻子、小姨子,震驚社會,新北地院國民法官庭八月依殺人罪判處謝男無期徒刑,近日判決書出爐,裡面提及謝男殺兩人,未達一一三年憲判字八號中殺害「多數人」的概念,認為須殺三人以上才符合,引發社會議論;新北地檢署認為,原判決於謝男是否預謀、手段不算殘忍過度限縮解釋,且不宜以固定人數劃定門檻,這與生命法益應受高度保障意旨未盡相符等理由提起上訴。

檢方並表示尊重法院,但基於維護被害人權益、生命法益及社會公義職責而提起上訴。

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預謀認定過嚴

本案判決當日,有國民法官婉拒出庭宣判,事後更有一名國民法官與媒體聯繫受訪:「有苦但不能說」,判決出爐後更引起議論;檢方就四個大方向進行論述,第一是在預謀部分,謝男去年五月起即多次預告殺人,並於案發前一日購買廚刀、鋁棒,案發當日埋伏於被害人返家途中。原判決要求檢察官須證明被告於預謀階段即具有「連續殺人計畫」,過度限縮「出於預謀蓄意連續殺人」意涵。

殘忍手段評價過窄

第二是犯罪手段部分,檢方指出,謝男駕車衝撞後,刻意先殺一人,使另一人目睹至親遭殺害後,再將其殺害。

原判決認為「殘忍手段」僅限於殺人構成要件實行行為,而將上述犯罪歷程排除於評價之外,亦屬過度限縮;犯罪結果部分,「多人」文義並非當然排除二人,且生命法益具有不可替代性、無法回復本質,不宜逕以固定人數劃定門檻,原判決此一解釋,實質上形成殺害二人即不足以構成最嚴重犯罪情節的結論,與生命法益應受高度保障意旨未盡相符。

再犯風險未盡審酌

另就「被告再犯危險性及沒收部分」,檢方指出,謝男於審理中自承其所稱「我會用我一條命跟妳們換四條命」,所指對象除被害者外,尚包括岳父母二人,原判決僅以謝男羈押期間量刑鑑定結果推認欠缺高度再犯危險性,此部分尚有再予審究必要。

What to Watch

AI outlook — possibilities, not facts

  • 最高法院將於數月內發回更審或維持原判

    Likely · Within months

Open Questions

  • 最高法院將如何審視預謀與殘忍手段的認定標準?
  • 若上訴得逞,是否會影響未來類似案件的量刑原則?
  • 國民法官制度在此類案件中的運作是否需檢討?

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