Friday, December 6, 2024

Taiwan High Court Upholds Verdicts in 2022 Tainan Shooting Case, Modifies One Sentence

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Introduction:

The Taiwan High Court’s Tainan branch has upheld most of the verdicts in a high-profile case relating to a submachine gun shooting that took place during the 2022 local election campaign in Tainan. The court confirmed seven out of eight sentences in a series of appeals, with only one sentence being overturned. The case, which shocked the local community and raised concerns about election-related violence, involved multiple defendants linked to the shooting that targeted properties of political figures.


Overview of the Tainan Shooting Incident:

On November 10, 2022Kung Hsiang-chih (孔祥志), a gunman, fired over 80 rounds in two separate attacks during the election campaign. The targets were Kuo Tsai-chin (郭再欽), a former Democratic Progressive Party (DPP) member, and Hsieh Tsai-wang (謝財旺), a former independent Tainan city councilor. Both attacks took place at properties owned by the two individuals: Kuo’s business and the campaign headquarters of Hsieh’s daughter, Hsieh Shu-fan (謝舒凡), who was a candidate for the Tainan City Council.

Remarkably, neither location was occupied during the shootings, and no injuries were reported. However, the shooting raised serious concerns regarding political intimidation and the role of organized crime in local elections.


Court Ruling and Appeals:

Upheld Sentences:

The Taiwan High Court upheld most of the sentences given in the first trial at the Tainan District Court in February 2023. These verdicts ranged from acquittals to sentences of up to 10 years for various defendants. Key decisions included:

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  • Hung Cheng-chun (洪政軍), a close associate of the alleged mastermind Wang Wen-tsung (王文宗), was convicted of directly arranging the shooting and recruiting Kung as the triggerman. He was sentenced to 10 years in prison.
  • Wang Wen-tsung, the chairman of Ciji Temple in Tainan’s Syuejia District, was found guilty of harboring a fugitive. However, the court only sentenced him to a six-month prison sentence, which was commuted to a fine. This lighter sentence was due to the lack of sufficient evidence linking him directly to planning the shooting.

Sentence Overturned:

The sentence of Lee Chi-han (李奇漢), who was initially acquitted in the first trial, was overturned. He was convicted of aiding and abetting threats against others and was sentenced to one year in prison. The court found that Lee had played a role in assisting Kung after the shooting, driving him away from the scene and helping him change clothes.


The Gunman’s Flight and Repatriation:

After the shootings, Kung and Hung fled Taiwan and traveled to China’s Fujian province. They were arrested by Chinese authorities in January 2023 and were repatriated to Taiwan in February 2023. This international element added to the complexity of the case, with both men facing charges in Taiwan upon their return.


Political and Social Impact:

The case has had significant political and social implications in Taiwan, particularly in the context of local elections and violence during political campaigns. The shootings highlighted concerns over organized crime and its influence on Taiwanese politics. Both the public and lawmakers have called for stricter measures to combat election-related violence and ensure that political campaigns are conducted peacefully.


Key Facts of the Case:

DefendantRoleSentenceRemarks
Kung Hsiang-chihGunmanFled to China, repatriated to TaiwanFired 58 shots at Kuo’s property, 30 at Hsieh’s campaign headquarters
Hung Cheng-chunArranged the shooting, recruited Kung10 years in prisonDirect involvement in orchestrating the shooting
Wang Wen-tsungMastermind (alleged), harboring fugitive6-month prison sentence (commuted to fine)Insufficient evidence to prove planning of the shooting
Lee Chi-hanAiding and abetting1 year in prisonDrove Kung and assisted after the shooting
Kuo Tsai-chinTargeted victimN/AFormer DPP member, business target
Hsieh Tsai-wangTargeted victimN/AFormer independent councilor, father of candidate Hsieh Shu-fan

Frequently Asked Questions (FAQs):

1. What were the main charges in the Tainan shooting case?
The defendants were charged with various offenses, including aggravated assaultharboring a fugitiveaiding and abetting, and misuse of firearms.

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2. Why was the sentence for Wang Wen-tsung so light?
Wang was only convicted of harboring a fugitive due to insufficient evidence linking him directly to the shooting. As a result, his sentence was reduced to six months, which was commuted to a fine.

3. What happened to the gunman, Kung Hsiang-chih?
Kung fired on two properties during the election campaign but fled Taiwan after the incident. He was later arrested in China and repatriated to Taiwan in February 2023 to stand trial.

4. Why was Lee Chi-han’s verdict overturned?
Lee was initially acquitted but was later convicted of aiding and abetting the gunman after the court found evidence that he had assisted Kung following the shooting, including helping him change clothes.

5. How did the public react to the verdicts?
The case has generated significant public discussion about election violence and the influence of organized crime in Taiwanese politics, with calls for more stringent measures to ensure safe political campaigns.

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