https://tw.news.yahoo.com/車位擺-釘牆-判拘役30天-二審逆轉無罪-044141857.html
車位擺「釘牆」判拘役30天 二審逆轉無罪
TVBS新聞網
575 人追蹤
宋珮文 方志成
2018年5月29日 下午12:41
圖／TVBS
去年5月分高雄一棟大樓，住戶因為停車糾紛，其中一方在車位界線擺放釘牆，另外車主控訴開車門被刺傷，一狀告上法庭，結果擺放釘牆的車主被判拘役30天，不過二審判決大逆轉改判無罪，二審法官認為提告車主車子可以停旁邊一點，明明知道會有危險卻故意靠近被刺傷，加上平時積極搜證，被刺傷當下卻提不出證明，無法認定傷勢一定被釘牆刺傷，因此改判被告無罪，兩住戶交惡鬧上法庭，今年3月提告的車主也搬離大樓了。
" data-reactid="23">
賓士車主在車位的界線擺放自製釘牆，兩個車位之間多了一道保麗龍牆，上頭插滿了鐵釘，隔壁車位車主控訴，開車門割傷腳，一狀告上法院，賓士車主一審被判拘役30天，沒想到二審逆轉無罪。
" data-reactid="25">
圖／TVBS
劉先生：「法官質疑他說，你明知道靠近會割傷而去為之，你是不是也有可能故意自己弄所謂的傷害要去對人家做索賠。」
" data-reactid="38">
二審法官認為被割傷的車主車子可以停靠右一邊，明知道危險還故意以身試之，加上被刺傷不像過去積極搜證，而是自行包紮隔天才看診，無法證明一定是釘牆刺傷他，法官還認為，放置釘牆的賓士車主不確定是故意行為，因此逆轉判無罪，全案定讞。
" data-reactid="40">
圖／TVBS
因為停車糾紛，鄰居交惡5年多還鬧到法庭上，無論結果如何都有一方覺得不公平，持續爭吵不是辦法，今年3月提告的車主已經搬離社區大樓，擺放的釘牆也撤除，希望彼此心結能告一段落。
" data-reactid="53">
放「釘牆」護車位刺傷對手 賓士男挨告…結局大逆轉
https://news.tvbs.com.tw/local/928107?source=yahoo_news&source_news_id=928319
放「釘牆」護車位刺傷對手 賓士男挨告…結局大逆轉
編輯 何文君 報導
2018/05/28 22:50
圖／TVBS資料畫面
高雄一名劉姓男子，因停車糾紛和車位相鄰的鄰居劉姓賓士車主結怨，賓士車主事後氣不過，竟在2個車位間擺放告示牌，上面插滿釘子做成「釘牆」反制，導致劉男下車時小腿被刺傷怒提告，原本一審賓士車主依傷害罪判拘役30日，不過上訴後，高雄高分院認為「應該可以閃避」，且無法證明劉男的傷是釘牆所致，結局大逆轉改判無罪！
鄰居鬧上法院，全都是因這2個車位，劉男指控，他的車位右側是畸零地，而賓士車主的車位有一側靠牆，對方曾表示因上下車不方便，要求劉男把車靠右停，事後劉男停車時已盡量把右輪壓白線，留出空間給賓士車主，但對方仍得寸進尺，要求他右輪要超出停車格，後續便掀起一連串的糾紛。
不料某日賓士男擔心愛車開門會撞牆，竟在2車中間放「請勿停車」告示牌，卻遭到對方橫停腳踏車擋住車門挑釁，一怒之下，賓士男加裝「釘牆」反擊，此舉造成劉男下車時小腿被刺傷，但賓士車主反駁，告示牌是放在自己車位範圍內，是對方入侵他的車位才受傷，自認因此應不構成傷害罪。
圖／TVBS資料畫面
2人一狀告上法院，檢方調查，認為賓士車主明知銳器傷人，且應在停車後留2車出入空間，一審時依傷害罪起訴，判拘役30天，得易科罰金。賓士車主不服上訴，二審時法官認為，賓士車主擺放釘牆時已預見對方可能會受傷，放置只是嚇阻目的，且劉男車位右側是畸零地，明明有很大空間卻不靠右停放，雖劉男供稱「那是公設地不能停車」，但平時劉男停車時，車位前方還有放置腳踏車、機車，已超出車位違規。
此外，劉男雖出示左小腿受傷的照片，但傷口為一般擦傷，照片也只有包著紗布，看不到傷口，無法直接斷定是由鐵釘刺傷，因此高雄高分院依罪證不足，逆轉改判賓士男無罪。
最HOT話題在這！想跟上時事，快點我加入TVBS新聞LINE好友！
更新時間：2018/05/28 22:50
https://tw.news.yahoo.com/車位擺-釘牆-判 %E6%8B%98%E5%BD%B930%E5%A4%A9-%E4%BA%8C%E5%AF%A9%E9%80%86%E8%BD%89%E7%84%A1% E7%BD%AA-044141857.html
Car parking place "nail wall" sentenced to criminal detention for 30 days
[TVBS News Network]
TVBS News Network
575 people tracking
Song Yiwen Fang Zhicheng
May 29, 2018 12:41 PM
Chart/TVBS
Chart/TVBS
In May last year, a building in Kaohsiung was affected by parking disputes. One of the tenants placed a stud wall at the parking space boundary. Another owner complained that the door was stabbed and he was sentenced to court. As a result, the owner of the nail wall was sentenced to detention for 30 days. However, the judgment of the second instance was reversed and the adjudged acquitted. The judge of the second instance held that the owner of the vehicle was able to stop and beside the point, knowing that there was a danger but deliberately approaching the stabbed wound, plus the usual active search for evidence, the stabbing injury could not present a proof and could not be identified. The injury was bound to be stabbed by a nailed wall. Therefore, the defendant was found guilty. The two occupants took to the court and the owner of the vehicle reported to him in March this year also moved away from the building.
">" data-reactid="23">
The owner of the Mercedes vehicle placed a self-made nail wall at the boundary of the parking space. Between the two parking spaces, there was a styrofoam wall. The top was full of nails. The owner of the car next door complained that the door had cut his feet and he was reported to the court. The owner of Brunswick was sentenced to criminal detention for 30 days in the first instance, but he did not expect the second trial to be acquitted.
">" data-reactid="25">
Chart/TVBS
Chart/TVBS
Mr. Liu: "The judge challenged him and said, "You knew that you would go for a cut and go for it. Do you also have the possibility of deliberately doing the damage yourself to make claims on people?"
">" data-reactid="38">
The judge of the second instance thinks that the owner of the car that has been cut can park on the right side. He knows the danger and deliberately tries on it. The stabbing injury is not like actively seeking evidence in the past. Instead, the patient is bandaged every other day to see the doctor. It cannot be proved that it must be a nail wall. He stabbed him, and the judge also held that the owner of the Bruns who placed the stud wall was not determined to be an act of intent. Therefore, he reversed the verdict and was found guilty.
">" data-reactid="40">
Chart/TVBS
Chart/TVBS
Because of parking disputes, neighbors still squabbled in court for more than five years. Regardless of the outcome, one party feels unfair. Continuing quarrels are not a solution. In March this year, the owners of the vehicles reported to have moved away from the community building and the stud walls were removed. , I hope that each one can come to an end.
">" data-reactid="53">
Placing a “nail wall” car park to stab opponents
Https://news.tvbs.com.tw/local/928107?source=yahoo_news&source_news_id=928319
Placing a “nail wall” car park to stab opponents
Editor He Wenjun reports
2018/05/28 22:50
small
in
Big
Figure / TVBS data screen
A surnamed Liu man from Kaohsiung complained about the parking dispute with the owner of the neighboring vehicle surnamed Liu and the owner of the vehicle. The owner of the Mercedes vehicle was angry but actually placed a signboard between the two parking spaces. The countermeasures resulted in Liu Ben's calf being stabbed and angry when he got out of the vehicle. The original first-insense Brunei driver was sentenced to 30 days of detention on charges of injury. However, after the appeal, Kaohsiung High Branch thought that “should be able to dodge” and could not prove the injury of Liu Nan. It was due to the nail wall, the outcome was reversed and the sentence was acquitted!
The neighbors rushed to the court, all because of the two parking spaces. Liu Nan accused the right side of the parking space is a terrible place, while the Mercedes owner's parking space has one side against the wall. The other person said that because of the inconvenience of getting on and off, he asked Liu Nan to drive the car. Stop right, afterwards, Liu Nan has tried to press the white line in the right lane while parking, leaving space for the owner of the Mercedes. However, the other party still has to step forward and ask him to go beyond the parking grid in the right round, and a series of disputes will follow.
Unexpectedly, one day, the gentleman was worried that the car would open the door and hit the wall. He actually put a "Do-no-stop" signboard in the middle of the two cars. However, he was provoked by the other side to stop the bicycle and provoked the door. The counterattack, which caused Liu Nan to get stabbed in the calf when he got out of the vehicle, but the owner of the Brunswick retorted that the signage was placed in his own parking space. The opponent invaded his parking space before he was injured and he believed that he should not be responsible for the crime of injury.
Figure / TVBS data screen
Two people appealed to the court and the prosecution investigated that the owner of the Brunswick knew that the sharps were wounded and that he should leave 2 cars in and out of the space after parking. In the first instance, he was charged on charges of injury and sentenced to criminal detention for 30 days. The owner of the Mercedes vehicle refused to accept the appeal. At the second instance, the judge held that the owner of the Mercedes vehicle had foreseen that the other person might be injured. The purpose of the deterrent was to place the driver and the right side of the Liu men's parking space was distorted. There was obviously a lot of space but no right. Parked, although Liu Nan said "It is the public place can not stop," but usually when Liu Nan parking, there are places in front of the parking place bicycles, locomotives, parking spaces have exceeded the violation.
In addition, although Liu Nan showed a photo of a left leg injury, the wound was a general bruise. The photo was wrapped in gauze and he couldn't see the wound. He could not directly conclude that the stabbing was caused by a nail. Therefore, Kaohsiung High Branch College lacked evidence to reverse the judgment. The man is innocent.
The most HOT topic is here! Want to keep up with current affairs, hurry up I joined TVBS news LINE friends!
Updated: 2018/05/28 22:50
ABNN SG53 FT must try:
車位擺「釘牆」判拘役30天 二審逆轉無罪
TVBS新聞網
575 人追蹤
宋珮文 方志成
2018年5月29日 下午12:41
圖／TVBS
去年5月分高雄一棟大樓，住戶因為停車糾紛，其中一方在車位界線擺放釘牆，另外車主控訴開車門被刺傷，一狀告上法庭，結果擺放釘牆的車主被判拘役30天，不過二審判決大逆轉改判無罪，二審法官認為提告車主車子可以停旁邊一點，明明知道會有危險卻故意靠近被刺傷，加上平時積極搜證，被刺傷當下卻提不出證明，無法認定傷勢一定被釘牆刺傷，因此改判被告無罪，兩住戶交惡鬧上法庭，今年3月提告的車主也搬離大樓了。
" data-reactid="23">
賓士車主在車位的界線擺放自製釘牆，兩個車位之間多了一道保麗龍牆，上頭插滿了鐵釘，隔壁車位車主控訴，開車門割傷腳，一狀告上法院，賓士車主一審被判拘役30天，沒想到二審逆轉無罪。
" data-reactid="25">
圖／TVBS
劉先生：「法官質疑他說，你明知道靠近會割傷而去為之，你是不是也有可能故意自己弄所謂的傷害要去對人家做索賠。」
" data-reactid="38">
二審法官認為被割傷的車主車子可以停靠右一邊，明知道危險還故意以身試之，加上被刺傷不像過去積極搜證，而是自行包紮隔天才看診，無法證明一定是釘牆刺傷他，法官還認為，放置釘牆的賓士車主不確定是故意行為，因此逆轉判無罪，全案定讞。
" data-reactid="40">
圖／TVBS
因為停車糾紛，鄰居交惡5年多還鬧到法庭上，無論結果如何都有一方覺得不公平，持續爭吵不是辦法，今年3月提告的車主已經搬離社區大樓，擺放的釘牆也撤除，希望彼此心結能告一段落。
" data-reactid="53">
放「釘牆」護車位刺傷對手 賓士男挨告…結局大逆轉
https://news.tvbs.com.tw/local/928107?source=yahoo_news&source_news_id=928319
放「釘牆」護車位刺傷對手 賓士男挨告…結局大逆轉
編輯 何文君 報導
- 小
- 中
- 大
圖／TVBS資料畫面
高雄一名劉姓男子，因停車糾紛和車位相鄰的鄰居劉姓賓士車主結怨，賓士車主事後氣不過，竟在2個車位間擺放告示牌，上面插滿釘子做成「釘牆」反制，導致劉男下車時小腿被刺傷怒提告，原本一審賓士車主依傷害罪判拘役30日，不過上訴後，高雄高分院認為「應該可以閃避」，且無法證明劉男的傷是釘牆所致，結局大逆轉改判無罪！
鄰居鬧上法院，全都是因這2個車位，劉男指控，他的車位右側是畸零地，而賓士車主的車位有一側靠牆，對方曾表示因上下車不方便，要求劉男把車靠右停，事後劉男停車時已盡量把右輪壓白線，留出空間給賓士車主，但對方仍得寸進尺，要求他右輪要超出停車格，後續便掀起一連串的糾紛。
不料某日賓士男擔心愛車開門會撞牆，竟在2車中間放「請勿停車」告示牌，卻遭到對方橫停腳踏車擋住車門挑釁，一怒之下，賓士男加裝「釘牆」反擊，此舉造成劉男下車時小腿被刺傷，但賓士車主反駁，告示牌是放在自己車位範圍內，是對方入侵他的車位才受傷，自認因此應不構成傷害罪。
圖／TVBS資料畫面
2人一狀告上法院，檢方調查，認為賓士車主明知銳器傷人，且應在停車後留2車出入空間，一審時依傷害罪起訴，判拘役30天，得易科罰金。賓士車主不服上訴，二審時法官認為，賓士車主擺放釘牆時已預見對方可能會受傷，放置只是嚇阻目的，且劉男車位右側是畸零地，明明有很大空間卻不靠右停放，雖劉男供稱「那是公設地不能停車」，但平時劉男停車時，車位前方還有放置腳踏車、機車，已超出車位違規。
此外，劉男雖出示左小腿受傷的照片，但傷口為一般擦傷，照片也只有包著紗布，看不到傷口，無法直接斷定是由鐵釘刺傷，因此高雄高分院依罪證不足，逆轉改判賓士男無罪。
最HOT話題在這！想跟上時事，快點我加入TVBS新聞LINE好友！
更新時間：2018/05/28 22:50
https://tw.news.yahoo.com/車位擺-釘牆-判 %E6%8B%98%E5%BD%B930%E5%A4%A9-%E4%BA%8C%E5%AF%A9%E9%80%86%E8%BD%89%E7%84%A1% E7%BD%AA-044141857.html
Car parking place "nail wall" sentenced to criminal detention for 30 days
[TVBS News Network]
TVBS News Network
575 people tracking
Song Yiwen Fang Zhicheng
May 29, 2018 12:41 PM
Chart/TVBS
Chart/TVBS
In May last year, a building in Kaohsiung was affected by parking disputes. One of the tenants placed a stud wall at the parking space boundary. Another owner complained that the door was stabbed and he was sentenced to court. As a result, the owner of the nail wall was sentenced to detention for 30 days. However, the judgment of the second instance was reversed and the adjudged acquitted. The judge of the second instance held that the owner of the vehicle was able to stop and beside the point, knowing that there was a danger but deliberately approaching the stabbed wound, plus the usual active search for evidence, the stabbing injury could not present a proof and could not be identified. The injury was bound to be stabbed by a nailed wall. Therefore, the defendant was found guilty. The two occupants took to the court and the owner of the vehicle reported to him in March this year also moved away from the building.
">" data-reactid="23">
The owner of the Mercedes vehicle placed a self-made nail wall at the boundary of the parking space. Between the two parking spaces, there was a styrofoam wall. The top was full of nails. The owner of the car next door complained that the door had cut his feet and he was reported to the court. The owner of Brunswick was sentenced to criminal detention for 30 days in the first instance, but he did not expect the second trial to be acquitted.
">" data-reactid="25">
Chart/TVBS
Chart/TVBS
Mr. Liu: "The judge challenged him and said, "You knew that you would go for a cut and go for it. Do you also have the possibility of deliberately doing the damage yourself to make claims on people?"
">" data-reactid="38">
The judge of the second instance thinks that the owner of the car that has been cut can park on the right side. He knows the danger and deliberately tries on it. The stabbing injury is not like actively seeking evidence in the past. Instead, the patient is bandaged every other day to see the doctor. It cannot be proved that it must be a nail wall. He stabbed him, and the judge also held that the owner of the Bruns who placed the stud wall was not determined to be an act of intent. Therefore, he reversed the verdict and was found guilty.
">" data-reactid="40">
Chart/TVBS
Chart/TVBS
Because of parking disputes, neighbors still squabbled in court for more than five years. Regardless of the outcome, one party feels unfair. Continuing quarrels are not a solution. In March this year, the owners of the vehicles reported to have moved away from the community building and the stud walls were removed. , I hope that each one can come to an end.
">" data-reactid="53">
Placing a “nail wall” car park to stab opponents
Https://news.tvbs.com.tw/local/928107?source=yahoo_news&source_news_id=928319
Placing a “nail wall” car park to stab opponents
Editor He Wenjun reports
2018/05/28 22:50
small
in
Big
Figure / TVBS data screen
A surnamed Liu man from Kaohsiung complained about the parking dispute with the owner of the neighboring vehicle surnamed Liu and the owner of the vehicle. The owner of the Mercedes vehicle was angry but actually placed a signboard between the two parking spaces. The countermeasures resulted in Liu Ben's calf being stabbed and angry when he got out of the vehicle. The original first-insense Brunei driver was sentenced to 30 days of detention on charges of injury. However, after the appeal, Kaohsiung High Branch thought that “should be able to dodge” and could not prove the injury of Liu Nan. It was due to the nail wall, the outcome was reversed and the sentence was acquitted!
The neighbors rushed to the court, all because of the two parking spaces. Liu Nan accused the right side of the parking space is a terrible place, while the Mercedes owner's parking space has one side against the wall. The other person said that because of the inconvenience of getting on and off, he asked Liu Nan to drive the car. Stop right, afterwards, Liu Nan has tried to press the white line in the right lane while parking, leaving space for the owner of the Mercedes. However, the other party still has to step forward and ask him to go beyond the parking grid in the right round, and a series of disputes will follow.
Unexpectedly, one day, the gentleman was worried that the car would open the door and hit the wall. He actually put a "Do-no-stop" signboard in the middle of the two cars. However, he was provoked by the other side to stop the bicycle and provoked the door. The counterattack, which caused Liu Nan to get stabbed in the calf when he got out of the vehicle, but the owner of the Brunswick retorted that the signage was placed in his own parking space. The opponent invaded his parking space before he was injured and he believed that he should not be responsible for the crime of injury.
Figure / TVBS data screen
Two people appealed to the court and the prosecution investigated that the owner of the Brunswick knew that the sharps were wounded and that he should leave 2 cars in and out of the space after parking. In the first instance, he was charged on charges of injury and sentenced to criminal detention for 30 days. The owner of the Mercedes vehicle refused to accept the appeal. At the second instance, the judge held that the owner of the Mercedes vehicle had foreseen that the other person might be injured. The purpose of the deterrent was to place the driver and the right side of the Liu men's parking space was distorted. There was obviously a lot of space but no right. Parked, although Liu Nan said "It is the public place can not stop," but usually when Liu Nan parking, there are places in front of the parking place bicycles, locomotives, parking spaces have exceeded the violation.
In addition, although Liu Nan showed a photo of a left leg injury, the wound was a general bruise. The photo was wrapped in gauze and he couldn't see the wound. He could not directly conclude that the stabbing was caused by a nail. Therefore, Kaohsiung High Branch College lacked evidence to reverse the judgment. The man is innocent.
The most HOT topic is here! Want to keep up with current affairs, hurry up I joined TVBS news LINE friends!
Updated: 2018/05/28 22:50
ABNN SG53 FT must try:
