The Taiwan High Court yesterday upheld a guilty verdict for Taipei resident Ho Po-han (何柏翰), handing him a suspended sentence for using excessive force in self-defense resulting in the death of a burglar, as Ho faces a NT$3 million (US$95,505) civil lawsuit filed by the burglar’s family.
Ho, 31, was found guilty by the court of causing the death through negligence and was given a suspended sentence of three months, which can be commuted to a fine of NT$60,000.
Insisting he acted properly in self-defense to protect his pregnant wife when the burglar, Chang Chun-ching (張俊卿), broke into his residence, Ho in May appealed a first ruling by the Taipei Shilin District Court, which gave him a suspended three-month sentence, which could be commuted to a NT$90,000 fine.
Yesterday’s ruling is final and cannot be appealed.
The guilty verdict dealt Ho a severe blow, as he now faces a NT$3 million civil lawsuit filed by Chang’s family, who accused Ho of using deadly force.
The ruling has stirred up public furor, with an overwhelming majority of people supporting Ho’s actions to defend his family, with many saying that judges are “out of touch” with society’s prevailing sentiment, as evidenced by judgements protecting the rights of criminals at the expense of law-abiding citizens.
The incident occurred in October last year, when Chang broke into Ho’s home and was caught hiding in the bathroom when Chang and his pregnant wife returned.
In the ensuing fight, Ho, who received hand-to-hand combat training while serving in the marines, applied a choke hold to Chang until police arrived, by which time Chang was unconscious and later pronounced dead at a local hospital.
“It was an extreme situation. I had to protect the lives of my wife and unborn child. I did not know if the burglar was carrying a weapon,” Ho said after the first ruling. “If the same thing happened again, I would do the same in order to protect my family.”
Following yesterday’s ruling, Ho’s lawyer, Chang Cheng-hao (張宸浩), spoke on his behalf, saying: “Although we received a suspended sentence, meaning there will be no jail time, we are worried about the civil lawsuit, where the judge might reference the public case and Ho might be forced to pay compensation to the burglar’s family.”
“We disagree with the court’s ruling. If people find someone breaking into their home and do not know if they are armed, how can people defend themselves worrying about what is deemed as ‘excessive force?’” Chang Cheng-hao said. “This ruling might become an important one, as it could incite fear in the public, who will feel they are no longer allowed to defend themselves.”
“I cannot accept this ruling,” Ho told reporters. “What would you do in that situation?”
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