¡@

¡@

¡@

¡@
  ¡¹¡¹        criminal trespass in Taiwan home invasion,
                   
intruder on private property , damage to property,  burglary, in Taiwan  
 
¡¹¡¹   ¡¹  this site's world No. 1 in   2020~22,  2017~19, 201620152014, 20132010~12    
             
¡¹
   Top rankings since 1998  ¡¹
 

  home  brief  Taiwan TW  FB  tour  personality  food  medical  CovID-19  diplomacy  restaurants  night markets  buffet  market  women  speech  massage  watching u  fraud  judiciary  police  corruption  foreign labor  prosecutors  soft power  death penalty  happiness  housing  avia  image  creativity  human rights  US cartoons  US Design  intl Human rights  judicial persecution  repre&oppression  bully  univ  military  drugs  news  democracy

¡¹

Taiwan judges and prosecutors  brief intro. & news   

(1)  Rotten, corruption, cheatings 

     ¡¹ Formosa TV News, 1-19-2021:  Taiwan's biggest judicial (rotten) scandal of the century, it's an international joke !
     ¡¹ Apple Daily, editorial, 1-19-2021: T
he rotten and stinky judiciary shakes the county to the core.  Too many big guys (chief prosecutors, grand justice, president of Supreme Admin. Court, etc) engaged the rotten case to be punished.  200+ involved 40 punished, the horrible darkness is ahead if not to investigate the top level.  How big is the iceberg undersea ??  https://tw.appledaily.com/headline/20210119/JTHJCNBJNJG2NC3FM3L4ITBNDQ/    https://tw.appledaily.com/forum/20210119/4LULE24OC5GO7NX7OUI52R7LE4/ ( root it out !)   tw.appledaily.com/daily/20210121/ASVXWX4ASZCQ3PEWMSQKZ7CDS4/      
    
¡¹ China Times, editorial, 1-19-2021: Taiwan justice system crashes.  Law officials fawn on the richness and yield to the power.   China Times, 1-23-2021: The legal system became a crime structure in which officials cover each other. 
https://www.chinatimes.com/opinion/20210118004848-262103?chdtv     chinatimes.com/opinion/20210122005025-262104?chdtv   
    
¡¹ Liberty Times, 1-21-2021: 
Taiwan's legal machine was already a chunk of meat for "interest group" 's exclusive domain, even Control Yuan took the role of "body guard " ! ª÷ùÚÞm  https://talk.ltn.com.tw/article/paper/1426899
    

(2)   political tools
¡¹¡¹ USA Country Reports on Human Rights practices at 3-11-2020: Some political commentators and academics,  publicly questioned the impartiality of judges and prosecutors involved in high profile, politically sensitive cases.  Judicial reform advocates pressed for greater public accountability, reforms of the personnel system, and other procedural improvements.
¡¹¡¹ USA Country Reports on Human Rights practices at 3-13-2019 and 4-20-2018 both pointed out that Taiwan's justice ministry was insufficiently independent and conducted politically motivated investigations of politicians

(3)   dogs

¡¹¡¹ The United Daily,  06-18-2016,   Head page news:  Taiwan's prosecutors usually conclude legal cases at behest of their superiors ... " He is bigger than I am, what can I say??"

¡@

(4)   abusing beweiswurdigung (free evaluation of evidence through inner conviction)

¡¹¡¹ The Control Yuan of Taiwan warned to impeach of Taiwanese prosecutors' abuse of inner conviction (beweiswurdigung, doctrine of discretional evaluation of evidence) since 2003. (Epoch Times, 1-17-2003)

¡¹¡¹ China Times,  1-19-2021: Taiwan judicial system abuses free evaluation of evidence thru inner conviction on Sun-Flower event. (¤Ó¶§ªá¾Ç¹B§P¨M´£¨Ñ¤F¸Ñµª½u¯Á¡G§P¨M²z¥Ñ¯î­ðµL½]¡AÀH­··nÂ\¡A³ß´c¥Ñ¤ß¡A²@¤£¥i´ú)¡Cchinatimes.com/opinion/20210124002943-262101?chdtv  

¡@


Taiwan judiciary - full text     Taiwan prosecutors - full text

¡@

¡@


 pic.: No.1 "home invasion in Taiwan" on Microsoft Bing, 2023-4-22, 2021-8-11, 2021-5-9,  2021-4-5, 2021-1-29; top 2 at 2022-6-28 ;

¡@

 pic.: No.1 "criminal trespassing in Taiwan" on US yahoo search engine, 2022-6-28, 2021-8-11, 2021-5-9, 2021-3-19,  2021-3-17, 2021-3-13; No.2 at 2023-4-22

¡@

¡@

¡@

   pic. : No.1 "criminal trespassing in Taiwan" on  Bing, 2022-6-28, 2021-8-11, 2021-5-9, 2021-3-30 

   No.1 "criminal trespassing in Taiwan" on Swisscows of Switzerland , 2021-8-11, 2021-3-19,   2021-3-17, 2021-3-11, 2021-3-8, 2021-3-4, 2021-2-22, 2021-1-29;       
  No.1 "criminal trespassing in Taiwan" on Dogpile, 2021-8-11, 2021-3-21;

 No.1 "criminal trespassing in Taiwan" on MetaGER of Germany, 2021-3-19,  2021-3-13,  2021-3-4,  2021-3-2,  2021-2-27 

¡@

¡@

pic.  : No.1 "criminal trespassing in Taiwan" on AOL, 2022-6-28, 2021-3-19,  2021-3-17, 2021-3-14

  No.1 "criminal trespassing in Taiwan" on EntireWeb (Sweden), 2021-3-19 ;

 No.1 "criminal trespassing in Taiwan" on oscobo (London, UK), 2021-3-19,  2021-3-17, 2021-3-14 

                  No.1 criminal trespassing in Taiwan, 2021-4-8, 2021-3-26;  No.1 "home invasion in Taiwan" on Ecosia of Germany,2021-3-19, 2021-3-12, 2021-3-8, 2021-3-4, 2021-2-22, 2021-1-29;  No.1 "home invasion in Taiwan" on Ekoru (New Zealand),  2021-4-8, 2021-3-17, 2021-2-28;  No.1 "criminal trespassing in Taiwan" , 2021-3-25, 2021-3-19      
No. 1
"criminal trespassing in Taiwan" on Yahoo Taiwan, 2021-3-19,  2021-3-17, 2021-3-12, 2021-3-8,  2021-3-6;  No.1 "home invasion in Taiwan" on Excite, 2021-4-8, 2021-3-17, 2021-3-13, 2021-3-5;  No.1 "criminal trespassing in Taiwan" , 2021-3-19 ;

 No.1 "home invasion in Taiwan" on Lycos, 2021-3-11, 2021-3-8;  No1 "criminal trespassing in Taiwan" Lycos, 2021-3-19,  2021-3-17, 2021-3-11;  No.1 "criminal trespassing in  Taiwan" on MetaCrawler,  2021-3-25,  2021-3-19;  No.1 "home invasion in Taiwan", 2021-3-17, 2021-3-13, 2021-3-11, 2021-3-8; 

¡@

¡@

      
  
pic.:  No.1 "criminal trespassing in Taiwan" on WebCrawler, 2021-3-19, 2021-3-13; No.1"home invasion in Taiwan" on Webcrawler, 2021-4-8, 2021-3-17, 2021-3-11, 2021-3-4; No.1"home invasion in Taiwan" on info,  2021-4-8, 2021-3-17, 2021-3-13, 2021-3-11, 2021-3-5, No.1 "criminal trespassing in Taiwan", 2021-3-19, 2021-3-13;

¡@

¡@

¡@


 
  No.1 "home invasion in Taiwan" on Taiwan Yahoo, 2022-6-28; No.1 on US Yahoo search engine, 2021-5-9, 2021-4-8    

¡@

¡@

¡@

¡@

¡@

¡@

a legal case study (Taiwan law vs. US law) - home invasion, burglary, DAMAGE TO PROPERTY, etc (Jan. 2021)  -  concluded by prosecutor Min-Chao Hong  (¬x±Ó¶W)

¡@

¡@

USA

Taiwan

Criminal trespass, home invasion ¡@

¡@

Criminal trespass involves being on someone else's property without permission.

¡@

A person commits criminal trespass by entering someone else¡¦s property without the owner¡¦s permission. Unlike burglary, trespass does not always involve the intent to commit a felony.   like burglary, trespass is often punished more severely when the property is a dwelling.   State laws vary, but generally a dwelling is a place where people reside or sleep, such as a house, apartment, houseboat, or hotel room. It does not matter if the doors are unlocked or even open.  Sometimes, a home invasion, be it trespass or burglary, will be punished more severely if someone is home at the time of the crime.

¡@

  trespass is first and foremost a criminal offense.  the typical elements of the crime are:

(1) intentionally entering or remaining on someone else¡¦s property
(2) without authorization.

¡@

Trespass Specifics

¡´ Intent:
In order to commit criminal trespass, you must either go onto property knowing that you don¡¦t have permission to be there or remain on property after learning that you don¡¦t have the right to be there.

¡´ Warning or notice required:
For example, a sign saying ¡§No Trespassing,¡¨ a fence around the property

¡´ Be Guilty of Trespassing in a Public Space? 
Even if you are allowed to enter a place that¡¦s open to the public (such as a store or park), you can still be convicted of criminal trespass if you stay after the space closes or fail to leave after you¡¦re ordered to do so.

¡@

Home Invasion is generally more serious than B&E.

¡@

Penalties for Criminal Trespass

Generally, criminal laws provide stiffer penalties for illegally entering a residence than for other types of trespass. in addition to criminal charges, a trespasser can face civil liability.

¡@

¡@

Your Home Is Your Castle /  a person was entitled to use force only if threatened with violence and when no retreat was possible. The castle doctrine is an exception to this rule, allowing people more freedom to use force against a home intruder.

¡@

The house owner gave warnings to a foreign laborer not to enter boss's sleeping room while sleeping time , but the laborer did it repeatedly in the midnight.

¡@

¡@

¡@

¡@

Taiwan's prosecutor concludes the laborer has good reason (take some water) to trespass.  But according to video evidence, the house owner already gave the laborer a good way to drink in the midnight - to take enough water out to her room before sleeping time.  The laborer can go to 7-11 or Family-mart downstairs as well.  Both the prosecutors and laborer do not care others' privacy and freedom.

the crime of burglary A person commits the crime of burglary by entering a building without permission,  with the intent to commit a crime, often theft, inside the building..  Lawmakers place a premium on the physical integrity and privacy of people in their homes.  The crime of a home invasion burglary is complete as soon as the defendant enters, even if the intended theft or felony never occurs

¡@

People who have walked through unlocked and open doors have been convicted of burglary

The laborer sneaked into the room in dark night and took drink better than water.

¡@

Taiwan prosecutor says "her move and appearance didn't look like a thief-criminal".  But prosecutor forgot that it was a criminal move already before  her having drink , because of trespassing without permission.

DAMAGE TO PROPERTY.

The amount of damage can be minor or significant, but it's the damaging of the property that is the key issue in the crime. Criminal mischief does not involve taking another's property, only breaking, defacing, or otherwise damaging it without the owner's permission. 
¡@

 The law requires that you damage the property intentionally and not simply accidentally.
¡@

All that matters is that you intended to take actions you knew (or should have known) might reasonably result in property damage.
¡@

Criminal mischief encompasses a range of different activities, from painting graffiti on a wall, to  removing a survey or boundary marker. 

A person commits criminal defacement of property when the person knowingly damages the property of another by defacing, deforming, or otherwise damaging the property by the use of paint or any other similar substance, or by the use of a writing instrument, etching tool, or any other similar devices
¡@

Misdemeanor crimes are less serious than felony crimes, with felonies having potential sentences of a year or more in prison, while misdemeanors are punished with potential penalties of up to a year in jail.

¡@

¡@

The laborer stuffed lots of fish skins and bones into  the pipe in the sink,  the pipe connects with air condition.  The air condition was OK after repairman cleaning everything.

¡@

The laborer said "yes sir" more than once while facing critiques "No more stuffing fish bones and skins into the pipe, No More !!" by the boss,  according to video evidence.

¡@

¡@

To stuff food scraps (bones etc) into pipe needs 3 steps : take out the filter net, medal filter cup, then plastic filter cup and forcefully press those food scraps into the pipe.  This proves the laborer did it intentionally, not accidentally.

¡@

¡@

But Taiwan prosecutor says those scraps were not found to be pipe's problem therefore it's not an intentional act to damage the plumbing system.

Peeking while loitering
Under California Penal Code Section 647(i) PC. laws, it is illegal to peek into a door or window on private property without the consent of the owner. This offense is commonly referred to as peeking while loitering and is a misdemeanor offense under California Penal Code Section 647(i) PC. 
Peeking while loitering is a misdemeanor-level offense that is punishable by up to six months in jail and a $1,000 court-imposed fine
¡@

¡@

statutes: Georgia   16-11-61. ¡§Peeping Tom¡¨ October 30, 2020

As used in this Code section, the term ¡§peeping Tom¡¨ means a person who peeps through windows or doors, or other like places, on or about the premises (³B©Òa house or building, together with its land and outbuildings, occupied by a business or considered in an official context.)  of another for the purpose of spying upon or invading the privacy of the persons spied upon and the doing of any other acts of a similar nature which invade the privacy of such persons

¡@

¡@

Example: A person walks on to the sorority property and peers into a window in hopes of checking out the sorority sisters. The person was not aware that the house was vacant because the girls were on spring break. The person could still be charged with peeking while loitering in violation of California Penal Code Section 647(i) PC even though no one was actually in the house.

¡@

In summer night, the house owner dressed very little, the laborer was suspected to trespass and peep.

¡@

¡@

The prosecutor does not think this was against privacy or morality, good culture, good social customs. 

¡@

¡@

¡@

¡@

comment Taiwan chief prosecutor's (Hsing Tai-Chao ¨·®õ°x  https://www.tph.moj.gov.tw/5520/5522/5524/5526/205607/post) decision
      a
case about an unwanted intruder sneaked into other's sleeping place at midnight without permission and took employer's drink ...  Taiwan judiciary says not guilty ...

¡@

chief prosecutor

my opinions

¡@ According to Criminal Law, article 306, Criminal trespass involves violating expression of someone else's intent to be on someone else's property without permission, or without a good reason, or without authorization.   ... ... the laborer entered for taking water, therefore we conclude the laborer was not intend to invade or criminal trespass house-owner's sleeping place.

¡@

(Chinese: ¦Dªk306±ø©Ò¿×¡yµL¬G«I¤J¡z¡A«Y«ü¦æ¬°¤HµLÅv©ÎµL¥¿·í²z¥Ñ¡A©Î¥¼±o¦í«ÎÅv¤H¤§¦P·N¡A¦Ó¹H¤Ï¦í«ÎÅv¤H¤§·N«ä¡A¥H¿n·¥§@¬°©Î®ø·¥¤£§@¬°¤§¤è¦¡¶i¤J¥L¤H¤§¦í¦v©Î«Ø¿vª«... Ãø»{¨ä¥DÆ[¤W¦³¦óµL¬G«I¤J¥L¤H¦í¦v¤§¥Ç·N. )

¡@

The Boolean operator ¡§OR¡¨ is used to express that as long as one of two or more conditions are, met the value of a specified query is true.  "AND¡¨ serves to indicate that ALL specified conditions must be met in order for a query to return true.

¡@

According to video DVD evidence, the house owner gave "no entrance" order to his foreign laborer "In sleeping time, Don't cross the curtain, Don't go to there", but the English-speaking worker from Philippines still sneaked into the house-owner's sleeping area in the midnight while he was sleeping. 

¡@

What the chief prosecutor interpreting Criminal Code, article 306 is a citation of  Supreme Court legal precedent "³Ì°ªªk°|22¦~¤W¦r²Ä891¸¹" ―  on someone else's property without permission, or without a good reason, or without authorization.   Note three conditions are connected by "OR", therefore, one condition being met will be good.   In my case, obviously,  "without permission" , one of three conditions, was met already.   Another Criminal Code article 321 only concerns "Intruding/entering a dwelling house without permission at night ", not to mention "a reason", according to Supreme Court legal precedent "³Ì°ªªk°|93¦~«×»O¤W¦r²Ä2303¸¹§P¨M".

¡@

However,  the chief prosecutor Hsing Tai-Chao only focuses on arguing it's not a crime as long as having a "good reason".  Hard to believe chief prosecutor has no idea about basic logic, it's a mystery to be solved.  Anyway, the laborer had neither a good reason nor authorization to enter a "no entrance" area in the midnight.  

¡@

Here are some more previous judgments -

¡» Supreme Court legal precedent "³Ì°ªªk°| 108 ¦~¥x¤W¦r²Ä 107 ¸¹" : The right of habitation / residing rights focuses on that house owner has freedom to decide who can enter or stay in his place as well as the rights not to be disturbed ... 10 pm is sleeping time and is not an appropriate time to visit, the unwanted guest opened the door by herself without asking permission, all these already seriously infringed house-owner's peaceful rights and against house-owner's will, therefore it's hard to take it as a "good reason" to trespass.  (­Ó¤H¹ï¨ä¦í«ÎÅv©Ò¤Î¤§½d³ò¦³¨M©w¦ó¤H¥i¥H¶i¤J©Î°±¯d¨ä¤º¤§¦Û¥Ñ¡A­Ó¤H¦b¨ä©~¦í³B©Ò¤¤¦³¤£³Q¤zÂZ¤§Åv§Q¡A... ±ß¤W10®É³\¬°·Ç³Æ´N¹ì©Î¤w´N¹ì¡A¨Ã«D¾A©y«ô³X¤§®É¶¡¡A³Q§i©ó¶i¤J«e¨Ã¥¼¥ý¦bªù¥~¼x¸ß¦P·N¡A¤Ï«YÀq¤£§@Án¶}®ê¶i¤J¡A§i¶D¤H¤w©ú½Tªí¥Ü¸Ó®ÉÂIÁµ´³X«È¡B¤£±ý¥L¤H¶i¤J¤§·N¡A¤W¶D¤H©Ò¬°¤wÄY­««I¥Ç§i¶D¤H¤§©~¦í¦w¹ç¡A¥BÅã¤w¹H¤Ï§i¶D¤H¤§·NÄ@¡A¨ä©Ò¬°Ãø»{¦³¥¿·í²z¥Ñ  )¡Ceven the defendant cited Supreme Court (23¦~¤W¦r²Ä5512¸¹§P¨Ò) to argue both cases' reasons to enter without permission are similar, but still failed.
¡» Taiwan Court "»OÆW¤hªL¦a¤èªk°|109¦~«×©ö¦r²Ä809¸¹¦D¨Æ§P¨M":  The legal interests that
Criminal Law article 306 protect are peace, tranquility, freedom and privacy of personal life.  The house-owner has rights to decide who can enter and stay ... (©~¦íªº©M¥­¡B¹çÀR¡B¦Û¥Ñ¤Î­Ó¤H¥Í¬¡¤§¨p±K­Ó¤H´N¨ä©~¦í¨Ï¥Î¤§³õ©Ò¡A¦³¨M ©w¦ó¤H¥i¥H¶i¤J©Î°±¯d¤§Åv§Q¡A§ó¦³¦b¨ä©~¦í³B©Ò¤¤¦³³Q¤£¤zÂZ¡B©~¦í¦w¹ç¤£³Q¯}Ãa¤§¦Û¥Ñ)¡C

¡» Taipei Court (»O¥_¦a¤èªk°|¦D¨Æ²©ö§P¨M102¦~«×¼f²¦r²Ä1226¸¹¡A§Y«K¶Ê°Q§i¶D¤H©Ò¿n¤í¤§©Ð¯²¡A©ÐªF¤]¤£¥i¶i¤J¥X¯²¤§©Ð«Î¤º¡C) judged a landlord to be illegal for entering tenant's room without permission for collecting house-rent .  
¡» Taiwan Court "
¤hªL¦a¤èªk°|¦D¨Æ§P¨M99,©ö,236" , the judge of Taiwan Court says "Recovering the debt (collecting owed money) does not mean the debtor is obligated to endure creditor (landlord) to freely or arbitrarily IN & OUT his room...". The document concludes the landlord should try good alternatives to do it. (µM¹ï¥L¤HÁö­t¦³¶Å°È¡A¨Ã«D§Y¦³§Ô¨ü¥L¦Û¥Ñ¥X¤J¨ä¦í¦v¤§¸q°È¡C...¡AÀ³´`¡y¥¿·í ¤èªk¡z)

¡@

The house-owner in the case gave direction to the laborer to take water out in advance so that she can drink in her own room in case, which is convenient for both sides  But the laborer ignored the good alternative and warnings, and just like to sneaked into other's sleeping place in the midnight.  She had one more alternative - to have drink in 7-11 or Family-Mart downstairs, so as to respect others and herself.

¡@

Is it a "good reason" to sacrifice other people's privacy and freedom for one's unruliness and self-willed misbehavior ?   Trespassing other's bedroom violates Taiwan's <Social Order Maintenance Act> article 83 which opposes "privacy invasion", etc.   

¡@

Lots of Taiwanese were already mad at foreign laborers, e.g., The Liberty Times, (¦Û¥Ñ®É³ø, 5-13-2020 ):  The working performance of foreign care-givers is getting worse and worse, unpredictable troubles they made happened again and again, Taiwanese have never had better protections...    Taiwan is heading to a "population aging" society, how can we get old with a peace of mind ?? (¥~Äy¬ÝÅ@¤ô·Ç¤éº¥§C¤U¡Aª¬ªp¼h¥X¤£½a¡A¶±¥Dªº«O»Ù±q¥¼¨£´£¤É¡C¦bÁÚ¤J°ªÄ֤ƪº¥xÆW¡A§A§Ú¡A¤S¦p¦ó¦w¤ßÅܦѡH) 

¡@

The United Daily,  06-18-2016,  Head-page news reported Taiwan's prosecutors must follow their superior's orders to conclude cases dependently.  Why prosecutors don't let laborer follow boss's reasonable orders.

¡@

¡@

¡@

¡@

pic. above:  Taiwan court's legal precedent judgment "I am here for the rent (owed money)"
is NOT a
good reason for the creditor (landlord) to come and go freely
debtor's room...

The creditor lacks the concepts of respecting other's
 living space and general behaviour freedom, and infringes other's right to make decision and
dispose, manage a peaceful, careless, calm home ......
¡@

Freedom, respect, privacy, those global values only worth a few bucks (about 1.5 or 2 quarters USD ) in prosecutor's eye !?
a glass of water downstairs costs very little.

¡@

¡@

¡@

¡@

Criminal Law :" Home Invasion"

¡@

pic. above:  Written Decision document (2021) by Taiwan High Court Chief Prosecutor,
and Supreme Court legal precedent "³Ì°ªªk°|22¦~¤W¦r²Ä891¸¹":
Criminal Law, article 306 <Home Invasion> : ... on someone else's property

without permission, or without a good cause, or without authority.
Taiwan chief Prosecutor's logical thinking mixed  "OR" and "AND" ?

¡@

¡@


¡@

¡@

¡@

pic.: Liberty Times: Mother-in-law entered son's house for helping her daughter and
grand-daughter to pack bags and luggage.
 Expert on LTN says in the case above mother-in-law had a good cause, but it seems house owner  (son's family) opened the door and may gave consent or tacit consent to her to enter the house, therefore son's family is less likely to win the case. 
Obviously, "good cause" is not good enough or is not good, house owner's permission decides.

In my case,
Taiwan chief prosecutor and Taipei prosecutor
 think merely a "good cause" equals  "legal entrance",
therefore made an illegal or wrong conclusion !
!?
They both agree house owner did refuse the laborer to come in.

¡@

¡@

¡@

DVD evidence
¡@

content

house-owner Linda
laborer Ye sir
house-owner In sleeping time, Don't cross the curtain, don't go to there.

Last time you scared me !!   you stand ... you stood there (ps: stood very close to me, not just in the kitchen)

laborer I got my water  ...
house-owner No, No No, you take water to here ! (in advance ) Don't cross this  !!

¡@

¡@

¡@ The board and lodging suppose were provided by the boss (house owner),... there's no proofs the laborer was told not to take  drinks of house-owner 

 

(Chinese: ¥~Äy²¾¤u­¹±J¥»À³¥Ñ¶±¥D´£¨Ñ... Án½Ð¤H¥ç¥¼¯à´£¥X¤w©ú½T§iª¾³Q§i¤ô³ý¤º¶¼«~¤£¯à¨ú¥Î¤§ÃÒ¾Ú)

According to video DVD evidence,  the house owner already told the laborer to take enough drinking water (ps: food if needed) to her room before sleeping time and not to cross the line.  However, the laborer still ignored directions and sneaked into the house owner's sleeping area again and again in the midnight.

¡@

What's logic "syllogism" ?
e.g.,(1) All mammals are animals with hearts (2) All dogs are mammals. (3) All dogs are animals with hearts.  Lots of legal cases need  "syllogism" thinking. 

¡@

 "syllogism" should be used in the case:
(1) No entrance in midnight (means: take nothing from there)¡A(2) drinks are there¡A(3) therefore, take no drinks from there¡C

¡@

Besides, the laborer took drinks from the house-owner's pot, instead of taking water from her pot.

¡@

¡@ The laborer denied having stuffed fish skins and bones into the pipe in the sink.

¡@

(Chinese: Âù¤è´N¦ó¤H±N³½¥Ö³½°©¥á¶i¤ôºÞ¤º¡u¦U°õ¤@µü¡v...)

¡@
This gonna be an elementary school grade level English problem.

¡@

pic. left: kids expect teacher's words "No More Homework"

¡@

"No More":

¡» Macmillan dictionary:  "No More" used for saying that the future will be different from the past because something has stopped happening

¡» Cambridge dictionary: We use no more and not any more as determiners to talk about an absence of something that was once there

¡@

¡@

Below is a conversation on video DVD evidence:

¡@

¡@

content

§i¶D¤H The house owner: Be careful ! no hair into the toilet or the holes!  you can't block the pipe, the downstairs will be angry !  They can suck the stuffs from the pipe to see they're black hair or anything ...  So, be careful
³Q§i The laborer: Yes sir
§i¶D¤H The house owner: the air condition master last time suck (by a vacuum cleaner ) a lot of fish skins and fish bones
³Q§i The laborer: Yes sir
§i¶D¤H The house owner: So, No more ! OK ?!!
³Q§i The laborer: Yes sir
§i¶D¤H No more ! OK 

¡@

From house owner's unhappy critiques and laborer's replies, it's easy to know the laborer already admitted whatever done about the fish skins and bones.

In the court session,  maybe by her attorney's advice,  the laborer certainly denied everything, otherwise she will lose everything.  Why don't you prosecutors give the laborer a lie-detect test ? which will find out more truths about all crimes committed  !

¡@

¡@

¡@

The air condition functioned well after the technician's clean-work and removal of fish skins and bones etc from the pipe , this proves the pipe and air condition were not damaged at all, hard to say it's a crime of 'damage to property' by lots of stuffs inside the pipe ... those stuffs may be carelessly slipped down into the pipe by all users - house owner and previous laborers.   Hard to say food scraps stuck in pipe connecting with air condition damages to property.

¡@

¡@

(Chinese: §N®ð¦b®v³Å²M¬~¨Ã³q¤ôºÞ«á§Y¯à¥¿±`¨Ï¥ÎÅ㨣¥¼¨ü¥ô¦ó·l®` ... ¬O§_³Q§i¡BÁn½Ð¤H©Î¨ä¥L¥~Äy²¾¤u¨Ï¥Î¤ô¼Ñ²M¬~®É¤£·V¬y¤J...)

¡@

¡@

The Liberty Times, 5-16-2018 (https://talk.ltn.com.tw/article/breakingnews/2427298): according to Taiwan's legal precedent, there're three types of the crimes of damage to property, one of them includes " to make the object useless ", e.g., deflating the tire ( tire is not destroyed ) so that the bus or bike can not be used.   Another latest good example probably is - Guardian, 2-9-2021: "What should Canberra do if Beijing shuts down the power and communication networks in Taiwan?"  -  the power system is not destroyed by missiles, but it is still a crime of damage or criminal mischief, at least. 

¡@

That is the case too ! the pipe-line and air condition may not be destroyed, but so many fish skins and bones stuck the pipe-line resulted in air-condition not working, otherwise the repairman did not have to clean the air condition by vacuum which might or could damage the old pipeline.  On video evidence the repairman says pipe-line connects with air condition, so lots of  fish skins and bones (nothing else, see video evidence above ) were ejected.     

¡@

Those fish bones and skin, meats are large pieces (mostly) and large number, exactly the foods for the laborer, the video DVD already showed prosecutors the sink has filter with three layers - plastic cup, iron cup and a filter net, only the person with evil intention to damage or destroy the value of the house and perhaps the entire building would take out them one after one, then stuffed by force so many bones and meat-skins into that small hole of the sink.  The air condition had no such problems before, no repairman came for this issue, which proves previous laborers were not evil on this issue .  Cleaning dishes is part of laborer's jobs.

¡@

¡@

Damage to Property / The Liberty Time

pic. above: The Liberty Times, 5-16-2018: deflating a tire is a crime of "damage to property"

¡@

¡@

 

¡@

¡@

Damage to Property / Taiwan chief Prosecutor VS. The Liberty Time

pic. above:  Taiwan chief Prosecutor VS. Supreme court 
 legal precedent ( the condition of Damage to Property is "to make an object not function well"
³Ì°ªªk°|¥|¤C¥x«D34§P¨Ò»{¬°·´·l¸o¤§¦¨¥ß¡A¬O¥¢¨ä³¡¤À©Î¥þ³¡®Ä¥Î¬°ºc¦¨­n¥ó)

 the chief Prosecutor says :  hard to say it's a crime of "Damage to Property" because of
  lots of stuffs stuck in the pipe connecting air condition
which restored to normal condition after repairman's work

¡@

Another media (Ettoday,8-7-2020) reported 'stuffs stuck pipeline' results in air condition failure
(
¡u¬ÝµÛ§N®ðºwºwµªµª¥b­Ó¤ë¡AµL©`®v³Å¤S¤£¨Ó­×¡Aµ²ªG¦o¹Á¸Õ²M²z¤ôºÞ¡A·N¥~µo²{¸ÌÀY¤@°ï¿ß¤ò¥d¦í¡A§l¹Ð¾¹§l§¹«á¡A¦ADIY±µ¤W·s¶Rªº¤ôºÞ¡Aµ²ªG§N®ð¤£¦Aº|¤ô¡C¡v)

¡@

¡@

¡@ The laborer did not act like a criminal , she was not a criminal unless she was all flustered  ... The prosecutors can freely judge all evidences ...

¡@

 (Chinese: ¨ú¥Î®ÉºA«×±q®e¥¼¦³¶X»Ø·W¶Ã......ÃÒ¾Ú¤§¨ú±Ë»PÃÒ¾ÚÃÒ©ú¤O¦p¦ó§¡Äݨƹêªk°|©ÎÀ˹î©x±o¦ÛµMµô¶q¡B§PÂ_¾Åv... )

¡@

¡@

The Prosecutors again abuse free evaluation of evidence through inner conviction.

Before taking any drinks, the laborer already was a criminal, for criminal trespassing or home-invasion.  Didn't she act like a criminal ?? 

¡@

Chief prosecutor means it's not a crime without being all flustered, this way will set free lots lots of criminals.  Here're examples below:

¡@

Taiwan TV news have broadcasted lots of crime processes by video camera, some foreign laborers were not flustered at all while stealing or violently beating an aged 90 person (https://www.setn.com/News.aspx?NewsID=320082), so are very young rookie criminals - a national university student, or a graduate school student each was not flustered at all while committing crimes  - one of victims even had a boyfriend along (www.youtube.com/watch?v=WtNRxm2rjyg

¡@

¡@
¡@

pic. above: The Liberty Times, 2019: Taiwanese people criticized judiciary the most
 is their abusing
beweiswurdigung (free evaluation of evidence through inner conviction)

¡@

¡@

¡@

¡@

¡@

pic. above:  Written Decision document (2021) by Taiwan Chief Prosecutor.
Chief Prosecutor thinks : It is not a crime of "Burglary"
because the order "No entrance" is not enough, the house owner had to give second order
 
― 
in case someone invaded the home, "No taking anything"

¡@

¡@

¡@ ¡@ Others

¡@

The prosecutor unusually spent nearly two years on investigating and concluding such a simple case, but found nothing about the laborer's other crimes, such as drawing a FB face by chemical stuffs on the rest-room's mirror ( no secret camera is allowed to be installed there by law ).  Has prosecutor investigated or just asked the laborer anything about it ?  not even tried, I saw nothing on their legal paper.   The only thing prosecutors did is trying to get the laborer out of crime-charge, seemed so.

¡@

For exact meaning - see Chinese version

¡@

¡@

¡@

¡@

¡@ ¡@

¡@

¡@

¡@

¡@

¡@

¡@

¡@

 another home invasion
case of mine in Taiwan,

is it within reason ?

click !

¡@ ¡@ ¡@
¡@

If law professors/experts also feel doubtful about the decisions, the case very probably should be regarded as part of political persecution in Taiwan (one of my persecution web-pages, No.1 rankings on the net), which the chief prosecutor may not dare to clearly write in his legal document.  

PS: see all doubtful legal cases  e.g., A few years ago, another chief prosecutor mistook "1 person" on video evidence to be "2 persons" ...

¡@

ending:

Apple Daily, editorial, 1-19-2021: so called judicial reform and jury system are nothing but slogan and lies.  Real horrible darkness is ahead if not to investigate the top level. 

The website urges :

¡¹  If everything fails, we may need some prosecutors and judges from the West just like Hong Kong did, which should be much better than experimental "citizen judges".

¡¹  regularly give prosecutors lie-detect test like US gov. did to some of its staffs.  Taiwan's judicial system smells so bad domestic and abroad hence should be the first batch to do the test.   Thus politicians don't dare to manipulate bad prosecutors any more. 

¡¹ Intentionally making wrong judgments should be treated as a crime !  Canceling their license definitely works !
¡¹ All victims should publicize their doubtful cases so that the truth won't be hidden ―  the public usually can't see how prosecutor conclude a case.

¡@

¡@

¡@ ¡@ ¡@
 

¡@

The case above does not mean Taiwan has been nice toward foreign laborers at all.  

¡@

Taiwan has been notorious about its black heart & cold blood to abuse foreign laborers for long years - see  Foreign laborers in Taiwan  (top rankings on Google, Bing, etc).  Taiwan prosecutor office did nothing important to save them.

¡@

e.g.,

¡¹ National Geographic, 11-25-2020 : The assaults,  Indonesian worker Supri says, included his being locked in a freezer when he was still wet from having taken a shower, and being beaten, sprayed in the face with a hose, and shocked with an electric stun gun. In a recent report, the EJF said that abuse of crew members¡Xalong with illegal fishing for sharks and dolphins, among other species¡Xis common in Taiwan¡¦s distant-water fishing fleet, one of the world¡¦s largest with more than a thousand vessels.  https://www.nationalgeographic.com/animals/2020/11/taiwan-fishing-vessels-perpetuate-illegal-fishing-human-rights-abuses/ 

¡@

¡¹ US Country Reports on Human Rights Practices released at 3-13-2019 : The approximately 600,000 foreign workers, primarily from Indonesia, the Philippines, Thailand, and Vietnam, were vulnerable to exploitation.

¡@

¡¹ CTS, Taiwan, 1-21-2021: expert comments that Taiwan's government seemed to covered those things...

¡@

¡@

¡@

¡@

   

¡@

  pic. : No.1"home invasion in Taiwan" on Yahoo, 2022-6-28, 2-28-2021, 2-22-2021, 1-29-2021 ;  

 No.1 "home invasion in Taiwan" on MonsterCrawler, 2021-3-17, 2021-3-13, 2021-3-5;   No.1 "criminal trespassing in Taiwan" , 2021-3-19 ; No.1 "home invasion in Taiwan" on givewater,  2021-3-17, 2021-3-13, 2021-3-5 ; No.1 "criminal trespassing in Taiwan" , 2021-3-19

¡@

¡@

¡@

¡@