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Back台師大女足前教練周台英涉詐領受試費及侵占隊費遭起訴 強制抽血獲不起訴
台師大女足前教練周台英涉詐領受試費及侵占隊費遭起訴 強制抽血獲不起訴
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自由时报2 hours agoCrime3 min readChinaView translation

台師大女足前教練周台英涉詐領受試費及侵占隊費遭起訴 強制抽血獲不起訴

台師大女足前教練周台英被控強制球員抽血及違反醫師法部分獲不起訴;另涉詐領受試費、侵占隊費共52萬1000元遭起訴。

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台師大女足前教練周台英遭控以學分要脅球員配合研究抽血,檢方認強制及違反醫師法罪嫌不足獲不起訴。但另涉詐領受試費及侵占隊費共52.1萬元,遭依詐欺、侵占等罪起訴。

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Why It Matters

台師大女足前教練周台英被控自2019年至2024年間要求球員配合研究抽血,並涉嫌詐領受試費及侵占隊費。

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台師大女足前教練周台英涉強制球員抽血及違反「醫師法」部分獲不起訴;另涉詐領受試費、侵占隊費共52萬1000元,遭依詐欺、侵占及行使業務上登載不實文書等罪起訴。

台師大女足前教練周台英遭控以學分要脅球員配合研究抽血,台北地檢署調查認為,部分球員雖害怕抽血,或因教練權威、同儕參與而感受壓力,但無足夠證據證明周以「不配合就扣學分」脅迫;另認定研究採血未涉及診斷、治療,難以「醫師法」追究,強制及違反醫師法部分均不起訴。

不起訴書指出,周台英遭告發自2019年至2024年間,以「不配合就扣學分」為由,要求女足球員在寒暑假配合研究,連續14天、每天3次抽血,部分採血還由未具醫事人員資格者執行。

周於偵查中否認強制球員,辯稱從未有隊員、隊長或學姐向她表示不想參加實驗,也曾告訴球員不願參加可以離開;抽血則由助理安排,她以為均由合格醫事人員執行。

檢方約談球員發現,部分人確實害怕或抗拒抽血,因學姐及其他隊員都參加,認為自己也應配合,或曾聽聞學姐不願參加而遭教練責備,但未曾明確向周表達拒絕。另有球員表示自願參與,將實驗視為訓練的一部分,未遭威脅,也不認為拒絕會影響學業。

檢方認為,周身為教練,又能評定球員的專長學分,與學生存在權力不對等,要求球員參加實驗或有不當;但是否構成霸凌或違反研究倫理,應由權責機關調查,不能僅因球員承受教練權威或同儕壓力,就認定成立強制罪。全案無足夠證據證明周明示或暗示,不參加就會遭扣學分或承受其他不利結果。

至於非醫事人員抽血,檢方查得部分計畫由合格護理師採血,難認周有違法犯意。雖有球員提到曾由學長抽血,但無法確認計畫及時間。

檢方並函詢衛福部,認定為完成研究而採血、分析數據,未結合診斷或治療,非屬「醫師法」規範的醫療行為;即使採血人員資格不符規定,也不能直接據此認定違反「醫師法」,因此以罪嫌不足處分不起訴。

周另涉詐領受試費2萬3000元、侵占隊費49萬8000元部分,則已認罪,此部分則涉侵占、詐欺罪遭起訴。

Open Questions

  • 後續法院審理對於侵占與詐欺罪的判決結果為何?

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