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Back喊「大小支拿出來」非亮槍 小王纏已婚女友恐嚇逆轉無罪
喊「大小支拿出來」非亮槍 小王纏已婚女友恐嚇逆轉無罪
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自由时报28 minutes agoCrime2 min readChinaView translation

喊「大小支拿出來」非亮槍 小王纏已婚女友恐嚇逆轉無罪

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陳男與已婚女友分手後糾纏,2023年7月闖入女友工作的理髮店,嗆男客「大、小支都拿出來」,一審依恐嚇罪判刑,高等法院台南分院勘驗錄音後認定僅屬挑釁,改判恐嚇無罪。但陳男同年8月底拔走女友機車鑰匙並打傷其頭臉,10月至12月間又接連傳訊、留言騷擾及闖理髮店鬧場,二審駁回上訴,依傷害及3個違反保護令罪判處應執行有期徒刑6月,可易科罰金。

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Why It Matters

陳男與已婚女友感情生變後心生不滿,2023年7月晚間闖入女友工作的理髮店,嗆男客「恁爸拿大支小支等你」,讓男客擔心對方拿長短槍尋仇。台南地方法院一審依恐嚇罪判刑,二審勘驗現場錄音後認定陳男是聽到男客說「叫人來這裡」才回嗆,屬於挑釁而非恐嚇。不過陳男其餘行為仍觸法,同年8月底開車橫攔女友機車並拔走鑰匙,逼她到國中對面停車場談判並徒手打傷其頭臉。女友聲請保護令獲准後,陳男仍在10月至12月間接連傳訊及在LINE動態留言騷擾,甚至再闖理髮店鬧場,見女友丈夫趕來還喊要單挑,遭警壓制;隔天又藉口找眼鏡,到女友住處外對其丈夫叫囂。

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台語嗆「大、小支都拿出來」,卻因為前後文結構,讓恐嚇罪逆轉無罪。陳姓小王與已婚女友分手後不斷糾纏,被控在理髮店嗆男客拿槍;高等法院台南分院勘驗錄音,認定他只是挑釁對方叫支援,改判恐嚇無罪,但騷擾女友部分判6月。

陳男與有丈夫的女友感情生變後心生不滿,2023年7月晚間,他闖入女友工作的理髮店,剪髮的男客指控,陳男進店大小聲並嗆「恁爸拿大支小支等你」,讓他擔心對方拿長短槍尋仇。陳男則辯稱,是男客先喊要叫人,他才回嗆。台南地方法院一審依恐嚇罪判刑,但二審勘驗現場錄音,發現陳男是聽到男客說「叫人來這裡」,才回嗆「大支、小支都拿出來啊」,屬於挑釁而非恐嚇,改判無罪。

不過,陳男其餘行為仍觸法。同年8月底,陳男在台南南區路口見女友騎車停紅燈,竟開車迴轉橫攔並拔走機車鑰匙,逼她到國中對面停車場談判並徒手打傷其頭臉。女友聲請保護令獲准後,陳男仍在10月至12月間,接連傳訊及在LINE動態留言騷擾,甚至再闖理髮店鬧場,見女友丈夫趕來還喊要單挑,遭警壓制;隔天又藉口找眼鏡,到女友住處外對其丈夫叫囂。

陳男在二審翻供,辯稱女友是自願去停車場,自己並未打人,去理髮店是向丈夫解釋非自己慫恿抓姦,登門則是為了找眼鏡。合議庭比對監視器、員警密錄器及一審自白,認定他事後卸責,駁回上訴,依傷害及3個違反保護令罪,判處應執行有期徒刑6月,可以易科罰金。

Open Questions

  • 陳男是否會對易科罰金金額提出異議
  • 女友是否會進一步聲請延長保護令
  • 陳男刑期屆滿後是否會再次糾纏女友

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