Parties Get Into Dispute over Stolen Toilet Paper 順手牽2串衛生紙 失主強索18萬餘元和解

A Kaohsiung woman surnamed Lin in her 60s stole two bags of toilet paper and paid a total of NT$ 180,000 to settle the case as the owner of the lost property allegedly threatened to "put her in jail" if she didn't pay the six-figure compensation. The woman's family decided to sue back for intimidation.


Two bags of toilet paper hang from the bike. In August, a Kaohsiung woman stole two bags of toilet paper from another woman. She was apprehended by the police. She didn't want to go to jail, so she tried to settle with the second woman. The two parties agreed that the first woman would pay the second woman the value of the toilet paper, which was NT$798, plus 100 times that price as a settlement. After the second woman received the money, the agreement collapsed and she demanded an additional NT$100,000. The first woman was afraid of going to jail, so she remitted the money. After her family found out, they took her to sue the second woman.

Wu Chien-ming, Dep. Captain, Wujia Police Station, Kaohsiung City PD:"This woman used all types of methods and all types of reasoning to demand compensation. The amount she demanded as compensation totaled around NT$180,000."

The first woman sued the second woman for intimidation. The police investigated and determined that the speech and actions used on various occasions by the second woman to demand compensation resulted in the first woman paying a high amount of compensation. They asked prosecutors to open an investigation for intimidation.

Voice of Liu Chia-jung, Lawyer:"Prosecutors have the authority to determine whether or not to prosecute. The owner of the stolen property knows a little about the law, or she knows it but has incorrect concepts about the law. If the woman paid this NT$100,000 in compensation, then there is the possibility of fraud."

Lawyers say minor crimes can be settled out of court, with prosecutors determining whether or not to prosecute. Anyone who guarantees that someone won't be prosecuted should be careful because only prosecutors have that authority.

 

 

腳踏車上掛著兩串衛生紙,這是今年8月,高雄一名婦人偷走的衛生紙,事後婦人被警方送辦,害怕被關,她找上失主和解,本來雙方說好以兩串衛生紙金額加上100倍價金和解,失主拿錢後,和解卻破局,再次找上婦人,再要求10萬元和解金,婦人憂心被關真的匯款,家人知道後帶著婦人提告。


高市鳳山分局五甲所副所長 吳建銘表示:「這個女子,不斷以各種方式,還有各種理由索賠,那索賠的金額,最後高達了18萬多元左右。」

婦人提出恐嚇取財之告訴,警方偵辦後,認定失主多次用言語等方式向婦人索賠,導致對方付出高價金額,將失主依恐嚇取財函送。

律師 劉家榮表示:「要不要起訴,或緩起訴,是檢察官的權限。(失主)自己一知半解的法律,或者是她明知道。而給予不正確的法律觀念,婦人付出這10萬塊的和解代價的話,那確實有可能會造成詐欺。」

律師提醒,較輕微的公訴罪,的確可以透過和解,由檢察官決定不起訴或緩起訴,但若對方,言語擔保一定不會被起訴等說詞,則要小心,因為公訴罪是檢察官權限,當事人沒有權力決定。
 

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