
AI-generated summary
A Vietnamese woman surnamed Yang had a daughter with her Taiwanese husband. After marriage, due to disagreements between mother-in-law and daughter-in-law, her husband beat her daughter before the Lunar New Year last year, causing her injuries and requiring her to be hospitalized for stitches. After being frightened, Ms. Yang took her young daughter back to her parents' home in Vietnam for temporary refuge on February 7 of the same year. Her husband subsequently filed a charge of seduction.
Dissatisfied with the long-term domestic violence she suffered, a Vietnamese woman named Yang took her 1-year-old and 10-month-old daughter back to her parents' home in Vietnam to seek refuge. She was accused by her Taiwanese husband of quasi-seduction. The first-instance judge acquitted the case, but the prosecutors refused to accept the appeal. The second-instance judge also believed that the mother had no criminal intent to protect the young daughter from domestic violence, so she dismissed the prosecutor's appeal and upheld the acquittal.
The verdict pointed out that a Vietnamese woman surnamed Yang and her husband had a daughter. After their marriage, the mother-in-law and daughter-in-law did not get along with each other. The husband even beat Yang before the Lunar New Year last year, causing her injuries and requiring her to go to the hospital for stitches. Yang was frightened after being beaten. Considering that her daughter was only 1 year and 10 months old at the time, on February 7 of the same year, she took her daughter by herself and took a flight back to her parents' home in Vietnam for temporary refuge.
After Yang's daughter arrived in Vietnam, she sent photos of her daughter to her husband every day and begged him in tears: "Come to Vietnam by plane and take our mother and daughter back to Taiwan." She even anxiously expressed that her daughter was sick with a fever and she had no money to see a doctor. She hoped that her husband would fund 50,000 yuan to buy a plane ticket. However, her husband was not only unwilling to go, but even cold-bloodedly replied, "I don't want this daughter either."
The husband, suspected of retaliating against Ms. Yang, filed a "quasi-seduction" charge against her for taking away the child to separate the father and daughter. However, the first-instance judge believed that Ms. Yang was protecting the young daughter out of motherly love, and convicting a foreign partner based solely on the objective act of taking the child out of the country was unavoidable and amounted to cultural discrimination, so she was acquitted.
The prosecutor refused to accept the appeal. During the trial, the Kaohsiung High Branch Court examined the conversation records between the two parties and confirmed that the husband had indeed admitted to the subpoena, "I admit that it was wrong for me to hit you," "I would have beaten you before," and other words, and photos of the injuries proved that the domestic violence was not minor.
The second-instance law considered the provisions of the Domestic Violence Prevention and Control Law, which is not conducive to the exercise of parental rights for those who have already experienced domestic violence. Yang Nu took away her and her young daughter first to prevent herself from being subjected to further violence. There was no subjective malice. She could not be charged with luring just because she objectively took the child out of the country. Therefore, the first-instance judgment was upheld and the prosecutor's appeal was dismissed. The whole case can still be appealed.
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The case may further be appealed to the Supreme Court
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