The High Court this week reduced the sentence of a New Taipei City woman convicted in March of manslaughter for the drowning death of her 15-year-old learning-disabled nephew, from 12 to eight years in prison.
The teen’s body was found in August last year at the Sanchong District (三重) home of his 39-year-old aunt, surnamed Liu (劉), who allegedly bound his hands and legs with rope and held him underwater to discipline him for not listening to instructions, prosecutors said.
She had allegedly held his head underwater and then walked away to smoke a cigarette, returning four minutes later to find that he had drowned, they said.
The teen reportedly had behavioral problems due to his disabilities.
Following the death of his mother, his father last year moved them in with the aunt’s family.
The New Taipei District Court on March 3 found Liu guilty of manslaughter of a minor.
She had told the court that although she had restrained him with rope to discipline him, she had not meant for him to drown.
The court said that Liu had used cruel methods to inflict pain and fear as punishment, but as she had admitted her guilt and shown remorse, and the boy’s father had forgiven her, it decided to give her a 12-year prison term.
Upon appeal to the High Court, Liu during trial denied responsibility for any direct or indirect cause of death, insisting it was physical punishment, without intent to kill, and therefore she should not be convicted of manslaughter.
The High Court changed her conviction to a lesser charge of inflicting injuries in causing death in an instance of domestic violence.
It was the final ruling, as the Supreme Court had rejected an appeal.
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