
前國民黨黨代表徐尚賢因發起罷免立委許智傑、黃捷行動,偽造連署書及濫用個資,遭高雄地院依偽造私文書及個資法判刑。徐尚賢獲緩刑,共犯朱磊則獲判無罪。
AI-generated summary
徐尚賢於2023年發起罷免許智傑與黃捷的行動,過程中因使用偽造連署書及死亡名單遭中選會查獲。
前國民黨黃復興黨部黨代表徐尚賢去年2月發起罷免民進黨立委許智傑、黃捷「雙罷劫」活動,卻偽造連署書、提議人名冊,與另名發起人朱磊被依個資法、偽造私文書等罪起訴,徐在法庭承認多數犯行,法官就其認罪部分判有期徒刑2年,緩刑5年,並支付公庫30萬元,褫奪公權2年,未認罪部分處5月徒刑,得易科罰金,未宣告緩刑;朱磊則無罪。全案仍可上訴。
檢調查出,徐尚賢曾於2017年至2023年間擔任國民黨黃復興黨部選任黨代表,黃捷擔任鳳山區市議員時,徐曾發動罷免黃捷行動,當時罷免連署人資料及擔任黨代表時取得的黨員資料,徐存放在個人電腦。
去年2月間,徐、朱聯手推動「雙罷劫」行動,徐先將取得的黨員名冊整理後,謊稱取得當事人同意,將黨員個資交給行動總部志工謄抄資料至黃捷罷免案提議人,並在上面蓋用領銜人黃晃枝印章。
事後徐再將2020年罷免黃捷取得的個資交給朱,2人依當時黃捷罷免案留下的民眾個資,製作罷免許智傑的提議人名冊,由朱在領銜人欄位用印後交給中選會,首次送件因距離成案門檻仍有差距,2人便再請志工加強偽簽名冊,讓罷免案達標。
但最後因「雙罷劫」牽涉多件死亡連署,中選會查對時,罷免許智傑有28名提議人已於提議前死亡,甚至有提議人已死亡17年;罷免黃捷則有183人提議前死亡,其中有提議人已死亡6年。因連署涉及偽造,中選會發函請檢調查辦,徐、朱分別被雄檢依偽造私文書、違反個資法等罪起訴。
高雄地院審理期間,徐出庭前多次在庭外喊話會「抗辯到底」,但法庭內卻坦承將國民黨黨員名冊交給「雙罷劫」活動志工謄寫,且均未取得當事人同意,補件階段涉及偽造孫姓提議人部分則否認犯行,辯稱是孫的親朋好友遞交,可能是別人偽簽。
法官認定,罷免黃捷部分,徐共指示志工偽造111名提議人名冊,許智傑部分則偽簽262人資料,考量他對於第一階段罷免時犯行認罪,依非法利用個人資料罪,合併判刑2年、緩刑5年,支付公庫30萬元;偽造孫女簽名部分,判刑5月,得易科罰金,未宣告緩刑。
至於朱磊,法官則認為他未參與電腦名冊的繕打製作,檢方所舉證據尚不足以證明朱主觀上可知名冊涉及偽造,判朱無罪。
AI outlook — possibilities, not facts
檢方可能針對朱磊無罪判決提起上訴
Possible · Within weeks

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