Zhang Yaoyuan, a well-known plastic surgeon, was sentenced to 4 years in prison for sexual assault and has already been in prison. Zhang Sheng asked for a retrial, and the High Court will open the first trial today. Zhang (first from left) insisted that he had consensual sexual intercourse, "I am innocent."

(Photo by reporter Yang Guowen)

[Reporter Yang Guowen/Taipei Report] A young mature woman with good looks was invited to taste wine with famous plastic surgeon Zhang Yaoyuan four years ago. Unexpectedly, she became unconscious after drinking. She accused Zhang Yaoyuan of taking her to a hotel for sexual assault. Sentenced Zhang Yaoyuan to 4 years in prison. He was imprisoned last year. Zhang filed for retrial and suspended the sentence. He proposed the results of self-identification of the CD, arguing that the two had consensual sexual intercourse, but was rejected. "Investigation" and other circumstances, revoked and sent back to the High Court; the High Court re-arranged Zhang Yaoyuan for a court hearing this afternoon. Zhang insisted that "I was wronged." Approved to start the retrial procedure.

When Zhang Yaoyuan was released and returned to the prison after the court hearing, he did not explain much to the media's question of "what evidence is presented in the retrial", but only replied "ask my lawyer to explain to you", while the lawyer insisted that "this case is an unjust case." , but the prosecution disagreed, believing that the victim was in a state of unconsciousness from the monitor disc, Zhang’s crime was clear, and the prosecution and the defense showed that they were talking differently.

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44-year-old Zhang Yaoyuan specializes in eye plastic surgery, facial plastic surgery, reconstruction, liposuction, etc. He often goes to the media to explain the common sense of medical beauty, and has a considerable reputation.

The judgment pointed out that in January 2018, Zhang Yaoyuan and a group of friends were having dinner at a restaurant in Taipei City. During the meal, a young mature woman in her early 30s was invited to a private wine cellar for wine tasting. The young mature woman did not doubt that he was there. Accompanying Zhang Yaoyuan to go, drank red wine, white wine, champagne and other wines in the wine cellar one after another, under the catalysis of alcohol, his consciousness gradually became unclear, and Zhang took him to the hotel to have sex.

The young mature woman thought more and more wrong afterward. She thought she usually had a good capacity for alcohol, but she became drunk after only a few drinks that day. She didn't even have a memory of how she left the wine cellar or how she got to the restaurant.

She accused that she did not wake up until Zhang fingered and forced oral sex, but she was still dizzy, unable to push him away and was defiled, and decided to sue.

Zhang Yaoyuan appealed for grievances, saying that the two of them did go to the hotel, but they never forced, took advantage of the opportunity, or drugged and raped them. They had an intimate relationship with each other.

In the first and second trials, Zhang was sentenced to 4 years in prison for the crime of taking an opportunity to have sexual intercourse.

The High Court checked the hotel monitors in the first instance, and found that the young mature woman staggered when entering the hotel, her movements were unsteady, and she needed someone to support her.

In the first trial, Zhang Yaoyuan took advantage of the unconsciousness of the young mature woman to sexually assault her, and he did not show any remorse afterwards, nor did he reconcile, so Zhang was still sentenced to 4 years.

After the appeal, the Supreme Court dismissed the appeal and the case was settled.

When Zhang Yaoyuan reported to the Beijing Procuratorate for execution and imprisonment last year, he argued that "I was wronged", "Is it reasonable for her (the victim) to ask me for 48 million yuan", "She said I gave her medicine, but the test results showed no medicine ( Ingredients)", "She claimed to hold a good amount of alcohol, but she got drunk after half a bottle" and so on.

After Zhang Yaoyuan was imprisoned, he appealed to the High Court for retrial and suspension of the execution of the sentence, but was rejected. Zhang filed a protest with the Supreme Court, showing a glimmer of hope.

The Supreme Court held that one of the important evidences in the whole case was that after inspecting the hotel’s monitor discs, it was found that the victim entered the hotel with “unsteady feet, unable to move freely, and needing support” and was “drunk, However, it is still doubtful whether this objective fact can support the fact that the victim was already "drunk and unconscious" when he entered the restaurant.

In addition, during the retrial, Zhang Yaoyuan submitted a separate appraisal letter, pointing out that the appraisal result was inconsistent with the original judgment that the victim was unconscious. The Supreme Court comprehensively determined that there were violations that should be investigated but were not investigated and the reasons were not prepared. Therefore, the original retrial ruling of the High Court was revoked and sent back. The High Court renews the trial.

☆Drinking too much alcohol is harmful to health, and drinking and driving is prohibited☆