In a murder case that shocked Taiwan back in 2000, a man named Wang Hung-wei stabbed a woman 176 times and abandoned the body because she had rejected his advances. Wang was sentenced to death on his final appeal in 2009 after 9 years of litigation. However, the Supreme Prosecutors Office now says that the decision failed to account for the possibility of correction even though Wang expressed remorse, and that the omission violated the principles of equity and proportionality. Prosecutor General Yen Da-ho is now filing an extraordinary appeal with the Supreme Court. Wealthy construction company scion Wang Hung-wei, ran down Chang Ya-ling with his Mercedes near her home in Tamsui 17 years ago and stabbed her 176 times before he abandoned her body. The brutality of the murder shocked society. After 9 years of litigation, the Supreme Court sentenced Wang to death in 2009. Wang requested a Constitutional interpretation in 2014 regarding the sentence, but the Constitutional Court declined to hear his case. Now, the Prosecutor General is filing an extraordinary appeal on his behalf. ==YEN DA-HO Prosecutor General== For defendant Wang Hung-wei, the fact that the judge excluded his motive, his method of committing the crime, and his attitude after the crime, violated the principles of equity and proportionality. Huang Ming-chen, a Christian minister who works with convicted criminals, said that Wang acted under the influence of drugs, expressed remorse afterwards, and had his family pay NT$8.16 million in compensation to the victim's family. ==HUANG MING-CHEN pastor== Under our influence, he truly regretted what he did. It changed him, in that he was willing to give a sincere apology to the victim, and he also wrote down a lot describing what he went through. However, the victim's family expressed shock and disappointment at the news, saying that it brought up pain that they had put behind them. ==VICTIM'S SISTER== They keep fixating on whether he expressed remorse, but that's such an abstract thing. The family also questioned why the sentence has not been carried out in the 8 years since the final verdict. However, anti-capital punishment groups expressed approval that the Supreme Prosecutors Office filed an extraordinary appeal for a controversial decision. They said that any decision that violates the spirit of the international covenants on human rights, or the principles of equity and proportionality, should be remedied. Translated by JOHN CHEN 發生在2000年,震驚社會的淡水殺人案,一名男子王鴻偉因為追求被拒絕、砍殺被害女子176刀後棄屍,全案纏訟9年,王鴻偉在2009年被判決死刑定讞,不過最高檢察署認為,被告事後有悔意,但判決排除被告有無教化可能之調查,違反平等及比例原則,於是由檢察總長顏大和向最高法院提起非常上訴。 發生在17年前,家境富裕的建商之子王鴻偉,因為追求女子張雅玲被拒絕,憤而在張女淡水住家附近,開賓士車將她撞傷,並以西瓜刀砍殺176刀後棄屍,這個案子手段兇殘,引發社會高度關注,全案纏訟9年,最高法院在2009年,判決死刑定讞。 2014年王鴻偉曾聲請釋憲,希望免除死刑,遭到駁回。最近他又提出非常上訴,上周五由檢察總長向最高法院提起非常上訴。 ===檢察總長 顏大和==== 認為這個案子 本身的被告王鴻偉 在殺人罪的動機 還有 他的犯罪型態跟犯罪後態度 (法官審酌)在這個案子把它排除 跟平等原則跟比例原則有違 輔導受刑人的牧師黃明鎮認為,王鴻偉犯案時有使用藥物精神不濟,事後也有悔意,也請家人賠償被害人家屬816萬元。 ==牧師 黃明鎮== 經過我們的教化以後 他確實有悔悟 悔悟以後的改變就是 不但是自己願意向被害人全然道歉 而且他也寫下很多的一些文字 來敘述他過去的痛悔的情形 不過家屬聽到這個消息感到震驚與失望,認為悔意很抽象,家屬好不容易平復的心情,現在又再度受到影響。 ===張姓被害人姊姊=== 他們可能一直在癥結 他到底有沒有悔意 但悔意這個東西 我覺得其實很抽象 家屬也質疑,這個案子已經17年,死刑定讞也將近8年,為何不執行死刑,不過廢死聯盟則肯定,最高檢願意為有爭議性案件提非常上訴。而聲請非常上訴的案件,也未必與冤案有關,只要判決不符合國際「兩公約」精神、或違反平等及比例原則,都應該行使法律救濟。 許恆慈 陳信隆 台北報導