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Back越妻被家暴攜女逃回老家 法官力挺:母愛保護天經地義
越妻被家暴攜女逃回老家 法官力挺:母愛保護天經地義
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自由时报45 minutes agoLaw2 min readChinaView translation

越妻被家暴攜女逃回老家 法官力挺:母愛保護天經地義

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越南籍楊姓女子因長期遭受台灣丈夫家暴,帶1歲10個月幼女返回越南娘家,被控準略誘罪。一審與二審法官均認為其無犯罪故意,判無罪,駁回檢方上訴。

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Why It Matters

楊姓越南籍女子與台灣丈夫育有一女,婚後因婆媳不睦,丈夫在去年農曆年前毆打楊女導致受傷送醫縫針。楊女恐懼後於同年2月7日帶幼女返回越南娘家暫避,丈夫隨後提告準略誘罪。

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楊姓越南籍女子因不滿長期遭受家暴,帶著年僅1歲10個月的幼女搭機返回越南娘家避難,被台灣丈夫控告準略誘罪,一審法官判無罪,檢方不服上訴,二審法官也認為,母親為保護幼女免受家暴危害並無犯罪故意,駁回檢方上訴,維持無罪判決。

判決指出,越南籍楊姓女子與丈夫育有一女,兩人婚後因婆媳相處不睦,丈夫甚至在去年農曆年前動手毆打楊女,導致她受傷並送醫縫針。楊女被打後心生恐懼,考量當時女兒年僅1歲10個月,於是同年2月7日,她獨自帶女兒搭機返回越南娘家暫避。

楊女抵達越南後,天天傳女兒照片給丈夫,並哭求對方:「你坐飛機來越南,帶我們母女回台灣。」甚至著急表示女兒發燒生病、自己身上沒錢看醫生,希望丈夫資助5萬元買機票,但丈夫非但不願意前往,甚至冷血回嗆「這個女兒我也不要了」等。

丈夫疑為了報復楊女,提告「準略誘罪」指控她帶走小孩使父女分離,但一審法官認為,楊女是出於母愛保護幼女,且僅憑客觀攜子離境行為就將外配入罪,不免流於文化歧視,因此判她無罪。

檢方不服上訴,高雄高分院審理時,勘驗雙方對話紀錄,證實丈夫確實曾傳訊坦承「我承認我打你是不對的」、「以前會打你」等語,且傷勢照片證明家暴情節非輕。

二審法考量家暴防治法規定,對已發生家庭暴力者,本就不利於行使親權,楊女為防免自己與幼女再遭暴力而先行帶離,主觀上並無惡意,不能僅因客觀上有攜子離境行為就冠上略誘罪名,因此維持一審判決,駁回檢方上訴,全案仍可上訴。

What to Watch

AI outlook — possibilities, not facts

  • 案件可能進一步上訴至最高法院

    Possible · Within weeks

Open Questions

  • 案件是否會進一步上訴至最高法院
  • 幼女目前的親權歸屬與照顧安排
  • 楊女是否能安全返回台灣

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