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Back彰化男子在Threads發表針對總統的威脅言論,法院判無罪
彰化男子在Threads發表針對總統的威脅言論,法院判無罪
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自由时报24 minutes agoCrime2 min readChinaView translation

彰化男子在Threads發表針對總統的威脅言論,法院判無罪

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彰化地院審理黃男在Threads發表「我要起義,殺賴清德全家」等威脅總統的言論案,認定其發言針對特定個人而非公眾,且無法證實威脅已通知被害人,因而依違反刑法151條恐嚇公眾罪及刑法305條恐嚇危害安全罪宣告無罪,檢方得上訴。

AI-generated summary

Why It Matters

被告黃男於2026年2月在Threads平台發表多則針對總統賴清德及網路使用者「青鳥」的威脅言論,內容包含「我要起義殺賴清德全家」等語,被兩名網友檢舉後遭檢方依恐嚇公眾罪及恐嚇危害安全罪起訴。

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彰化黃男利用網路Threads揚言「我要起義,殺賴清德全家」,被檢方依違反刑法151條「恐嚇公眾罪」、刑法305條「恐嚇危害安全罪」提起公訴。該案經彰化地院審理,法官認為,被告在自己的Threads上留言,客觀並沒有通知到被恐嚇的對象,也無證據顯示被恐嚇人感到恐懼,因此判決無罪。

判決書指出,黃男於今年2月間,在Threads發表個人言論包括「我要起義殺賴清德全家!你看百姓會不會包圍總統府」、「我他媽要殺賴清德總統啦!殺這個無替台灣人著想的垃圾總統」、「叫賴清德躲好!台灣人要殺他」、「我殺你啦 !死青鳥」…等語。

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有2名網友認為黃男的發言對總統的針對性極強,因此向警方提出檢舉。黃男遭檢方起訴。

法官表示,「恐嚇公眾罪」部分,須以使不特定人或多數人心生畏懼為目的,並通知對方將予以加害。本案留言針對的是特定個人(總統、青鳥…等),並非「公眾」。其中「青鳥」指的是一名網路使用者,而非泛稱政治認同群體。即使事後有2名網友檢舉,仍難認構成對公眾的恐嚇。

法官指出,「恐嚇危害安全罪」部分,須證明威脅、危害號通知達被害人。檢警是因民眾檢舉才啟動偵辦,並非當事人報案;留言未標註對方帳號,也未要求轉傳,無法證明總統或該名「青鳥」使用者實際見聞。僅公開發文屬「不確定間接」通知,不符構成該罪要件。

檢察官所提供述、截圖、扣押資料及檢舉函,不足形成有罪心證,因此諭知被告無罪。本案檢察官仍可上訴。

What to Watch

AI outlook — possibilities, not facts

  • 檢方將對彰化地方法院的無罪判決提起上訴

    Likely · Within weeks

Open Questions

  • 檢方是否會上訴此判決
  • 類似網路威脅言論的司法界定標準是否需修正

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