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Back媒體人周玉蔻、蔡玉真因誹謗張淑娟遭高等法院改判徒刑,周玉蔻並被限制出境出海8個月
媒體人周玉蔻、蔡玉真因誹謗張淑娟遭高等法院改判徒刑,周玉蔻並被限制出境出海8個月
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自由时报3 hours agoLaw2 min readChinaView translation

媒體人周玉蔻、蔡玉真因誹謗張淑娟遭高等法院改判徒刑,周玉蔻並被限制出境出海8個月

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媒體人周玉蔻與蔡玉真因在節目中指中國小姐張淑娟是蔣孝嚴「晶華滾床案」女主角,被張淑娟提告加重誹謗,一審各判1年6月徒刑。經上訴後,高等法院於9月29日改判周玉蔻9月、蔡玉真6月徒刑,並認定周玉蔻具逃亡虞,依刑事訴訟法裁定其限制出境、出海8個月。

AI-generated summary

Why It Matters

周玉蔻與蔡玉真4年前在節目中指中國小姐張淑娟是蔣孝嚴「晶華滾床案」女主角,遭張淑娟提告加重誹謗,一審法院各判處1年6月徒刑。

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〔記者楊心慧/台北報導〕媒體人周玉蔻、蔡玉真4年前在節目指中國小姐張淑娟是蔣孝嚴「晶華滾床案」女主角,遭張提告加重誹謗,一審各判1年6月。案經上訴,高等法院前天(29日)改判周玉蔻9月、蔡玉真6月徒刑;高院合議庭以周女犯罪嫌疑重大,具滯留海外久居的經濟及生活能力,逃匿海外規避後續審判及刑罰執行的可能性高,裁定限制出境、出海8個月。

媒體人周玉蔻遭限制出境、出海8個月。(資料照)

周玉蔻因涉犯個人資料保護法非公務機關非法利用個人資料罪,以及誹謗、散布文字誹謗等罪,高院9月29日依接續犯及想像競合犯規定,從一重依非公務機關非法利用個人資料罪,判處周玉蔻9月徒刑。

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高院合議庭認定,周玉蔻犯罪嫌疑重大,考量她經濟能力尚佳,且過去多次入出境,依其個人資力、智識程度、社會經驗及人際網絡,具有滯留海外長期生活的經濟及生活能力,且自始否認犯行,此次遭判9月徒刑,屬不得易科罰金之刑,可預期其逃匿以規避審判程序及刑罰執行的可能性甚高,因此有相當理由認定有逃亡之虞。

高院審酌,本案訴訟進行程度、犯罪情節及造成的法益侵害程度,並權衡周玉蔻遷徙自由與國家司法權行使後,認為有必要限制出境、出海,以確保後續審判及刑罰執行,因此依刑事訴訟法規定,裁定周玉蔻限制出境、出海8個月。

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What to Watch

AI outlook — possibilities, not facts

  • 周玉蔻可能會向最高法院上訴此判決

    Possible · Within months

Open Questions

  • 周玉蔻是否會上訴至最高法院?
  • 限制出境出海8個月後,司法機關將如何進行後續執行?
  • 張淑娟是否會提出民事賠償?

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