2024-02-27 07:23:57
Shilin Diyuan. (Photo / Newspaper photo)
A caregiver at the Yongfu Home of Taipei City’s Yangming Correctional Institution was involved in injuring a female student with severe physical and mental disabilities, causing her to lose her center of gravity and hit a hard object. She died on the 16th following being rescued. The female caregiver surnamed Lin complied with the law. When the court opened, Ms. Lin pleaded not guilty. On the 27th, the Shilin District Court announced that she was sentenced to 9 years in prison for the crime of injury causing death.
According to the lawsuit, on May 12, 2022, the caregiver surnamed Lin wanted to take a female student surnamed Lu to use the toilet. During the process, the student surnamed Lu was kicked by Mrs. Lin when she was unwilling to cooperate, causing intracranial hemorrhage. After being sent to the hospital, she still suffered from brain displacement. She suffered a hernia and was pronounced dead on the 27th of that month. Ms. Lin denied committing violence. The defender even denied committing violence by kicking her 4 times in just 4 seconds, which was inconsistent with common sense.
However, according to the prosecutor’s inspection of the monitor, it was found that Lin continuously kicked Lu’s body parts near her head on April 27, gave Lu’s eye drops on May 12, and kicked her right knee once for no reason. On the day of the crime, Ms. Lin grabbed Ms. Lu’s pants from behind, half-lifted and half-pushed her to the corner and kicked her 4 times, causing Ms. Lu to hit a hard object and fall to the ground. However, Ms. Lin only admitted that she kicked her several times that day. ; In addition, the education security team leader surnamed Wu said that following reviewing the surveillance footage in the living area, other than Lin, no other caregiver had ever harmed or treated Lu in a rough manner.
To be cautious, the prosecutor commissioned Dr. Zhang from National Taiwan University Hospital to conduct an evaluation on the computed tomography scan of the Lu woman who was sent to the hospital for emergency treatment. The evaluation determined that the “subdural hemorrhage” was an acute phase change, and the bleeding occurred within 7 days, so April 22 was excluded. The internal bleeding caused by a fall on the same day was prosecuted for the crime of injury causing death based on relevant evidence.
According to the sister of the deceased, she became blind due to glaucoma in September of the 5th year she lived in Yongfu Home. She was always very careful in her movements and never believed that she would harm herself. She regarded the caregiver as a companion and would do so when visiting her sister. He prepares meals for each attendant and provides plenty of gifts every day, but secretly commits violence. The situation of the hospital students is like living in hell.
When the trial opened last month, the former Beijing prosecutor nicknamed “Angry Bird” Lin, the defense lawyer appointed by Ms. Lin, pointed out that the prosecutor should bear the burden of proof for the criminal facts and pointed out the method of proof. During the criminal trial, the court relied on According to the principle of presumption of innocence, the defendant must not be prejudged to be guilty. The defendant objectively did not cause any harm or death to the victim, nor did he subjectively cause any harm. The verdict should be informed of the innocence. Finally, it was emphasized that the defendant and the victim had deep feelings, and even made a decision for the hospital. Short hair, further education.
However, the agent of Lu’s sister said that Lin tortured the victim from morning to night on May 12, 2022. The force was so strong that the monitor clearly recorded the sound, and so far she has not apologized or offered incense to ask for forgiveness. She also pointed out that Although Lu Sheng was 52 years old at the time of the incident, his body, mind, and intelligence were under 18 years old. Article 10 of the Convention on the Rights of Persons with Disabilities, “Right to Life,” states that parties reaffirm that everyone has the inherent right to life and should take all necessary measures. “Measures to ensure that people with disabilities truly enjoy the right to life on an equal basis with other people” requested a prison sentence of more than 10 years. When the family of the deceased learned of the verdict, they said that Ms. Lin had always stigmatized the deceased. After learning of the verdict, the family was very moved. , Thank you for the fair judgment and the innocence of the deceased.
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