Shi Mingang was dissatisfied with his drunken second brother who made a scene in his father's mourning hall, committed an assault with his cousin and abandoned his body. After considering all the circumstances, the court commuted Shi Nan's sentence to 8 years.

(file photo)

[Reporter Wen Yude/Taipei Report] Shi Mingang, a man, saw his drunk second brother rioting in his father's mourning hall on the eve of Father's Day last year, and teamed up with his underage cousin to kill his second brother and dump his body.

Both the first and second trials pointed out that it was wrong to condemn Shi Nan for his actions, but considering that the second brother's emotional management is not good, and Shi Nan shoulders the burden of the family's finances, and usually takes good care of the second brother, according to Article 59 of the Criminal Law, the sentence was reduced, and the adult He was sentenced to 8 years in prison for the crime of homicide and abandoning the corpse jointly with the juvenile; the Supreme Court rejected the appeal decision.

The cousin was handed over to the juvenile court.

On the evening of August 7 last year, Shi Mingang's second brother made a scene in his father's mourning hall after drinking, but was stopped by his cousin. He was tied to a wooden chair, his mouth was gagged with a towel, and his mouth was wrapped and sealed with duct tape.

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At 11 o'clock in the middle of the night, Shi Mingang and his cousin dragged the second brother back to the room, but the second brother continued to make noise and tried to break free, and choked "I will kill you"; Brother, at about 1 o'clock in the morning on the 8th, the two wrapped the corpse in a quilt, and dumped it together with the tools of the crime in an abandoned iron house about 100 meters away from their home.

Later, the family members hadn't seen Shi Nan's second brother for many days. After checking the monitor, they found something unusual and called the police. Shi Mingang and his cousin were found guilty of the murder.

During the court hearing, Shi Mingang denied the intention to commit murder and argued that his cousin asked to "dispose of" his second brother at the time. He thought it was to treat his second brother's illness, but later found out that his cousin wanted to kill his second brother.

The lawyer also said that Shi Nan was only helping the criminal and surrendered himself, and his sentence should be reduced. Shi Nan still tried his best to take care of his second brother, who had a bad habit of drinking and was unemployed at home. Mother may not be able to bear the heavy sentence, so I ask the court to reduce the sentence.

Shi Nan's mother testified that her husband and her son had died one after another. As a mother, she really needed Shi Mingang's support. She hoped that the court would give Shi Nan the lightest sentence so that she could return home as soon as possible to fulfill her filial piety.

Both the Shilin District Court of the first instance and the High Court of the second instance believed that according to general social perception, if you say you want to "dispose of" others, it means you want to kill them, and Shi Mingang immediately replied "OK" to his cousin, which shows that Shi Nan really wanted to " Killing and taking the life of the second brother", and Shi Nan did not stop the cousin from attacking the second brother with dumbbells, strangling the neck with a charging cable, and even after the charging cable broke, he took the extension cord for the cousin to continue to tighten the neck of the second brother. Shi has joint murder intent.

The first trial also pointed out that the police officers watched the monitor screen after the incident and reasonably suspected that the murderer was Shi Mingang and his cousin, and Shi Nan only admitted the crime, which did not meet the requirements for confession.

But the first trial also pointed out that Shi Mingang joined forces with his cousin to kill the second brother because of his second brother's long-term alcoholism and poor quality of alcohol, and made a scene in his father's mourning hall. He also considered that Shi Nan shouldered the financial burden of the family and usually took good care of his second brother. , even if the minimum statutory sentence for homicide is 10 years, there is still a risk that the crime is light and the law is heavier. According to Article 59 of the Criminal Law, the sentence is commuted, and the adult and juvenile jointly commit the crime of homicide and abandoning the corpse, and the sentence is 8 years.

The Supreme Court dismissed the appeal decision.