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進入《TAIPEI TIMES》Police officer sentenced over 2021 detention incident
Music teacher Chan Hui-ling speaks to reporters in Taipei on July 28, 2021. Photo: CNA
Staff writer, with CNA
A police officer in Taoyuan’s Jhongli District （中壢） was sentenced yesterday over a 2021 incident in which he threw a female music teacher to the ground and then handcuffed her after she refused to be questioned.
The Taoyuan District Court sentenced the officer, surnamed Yeh （葉）, to four months in jail for coercion by a public official and six months for offenses against personal freedom by a public official.
The four-month sentence for coercion can be commuted to a fine of NT$1,000 per day, while the six-month sentence for crimes against personal freedom cannot be commuted.
The case can be appealed.
On April 22, 2021, Yeh approached music teacher Chan Hui-ling （詹慧玲） as she was walking near Jhongli Railway Station and attempted to question her, asking her name, if she lived nearby and whether she was carrying identification.
When Chan asked why she was being questioned, the officer said he was “worried someone reported you missing” — apparently having assumed she was an unaccounted-for migrant worker — a partial video of the encounter released by police showed.
A dispute broke out after Chan refused to answer Yeh, with the teacher appearing to use the words “really stupid,” the video showed.
When the officer asked if she was calling him stupid, Chan replied: “What you did violated...”
The officer interjected, saying: “OK. Well you have just called me stupid” before the video clip stops a few seconds later.
Videos of subsequent events recorded by bystanders show Yeh throwing Chan to the ground and handcuffing her as she screams.
He arrested her for “obstructing a public official.”
The Taoyuan District Prosecutors’ Office initially declined to press charges, but the Taiwan High Prosecutors’ Office ordered local authorities to conduct a second review after Chan appealed.
Yeh was ultimately indicted by prosecutors in July last year.
In its verdict, the Taoyuan District Court said that Yeh did not have a valid reason to ask for Chan’s ID under Article 6 of the Police Power Exercise Act （警察職權行使法）.
Yeh’s subsequent actions to physically block Chan from leaving the scene and take her to the police station to confirm her identity constituted a gross breach of her personal freedom, the court said.
Chan’s remarks to Yeh fell within the realm of “protecting her personal rights” and “fairly criticizing” illegal behavior, and thus did not provide sufficient grounds for Yeh to arrest her for “obstructing a public official,” it said.
The court also found that Yeh had acted outside professional boundaries by throwing Chan to the ground and handcuffing her.
These actions not only harmed Chan personally, but also severely affected public confidence in the police, it said.
Yeh’s failure to express remorse or reach a deal to compensate Chan showed that his attitude regarding his actions was “less than favorable,” the court said.
新聞來源：TAIPEI TIMES
