The owner of an air-conditioning company had his prison sentence reduced to six months, while a worker’s two-year sentence was upheld today in the second ruling on a negligent homicide case from July 2023.
The owner of Jinyao Air Conditioning (金耀冷凍空調), surnamed Liu (劉), and one of his workers, surnamed Lee (李), were charged with negligent homicide after a 21-year-old National Chengchi University student surnamed Huang (黃) was hit on the head by a falling air-conditioner on July 20, 2023.
Huang was waiting at a bus stop near the No. 2 entrance of Xinpu MRT station in New Taipei City and showed no signs of life when medical personnel arrived.
Photo: CNA
Lee was hired by Liu on a freelance contract to install a vertical window air-conditioner at an apartment on Minsheng Road in Banciao District (板橋), prosecutors said.
Lee had no prior experience installing that type of air-conditioner and did not review the installation manual beforehand, they said.
Lee undertook the installation on his own as his partner had resigned, and consulted Liu and other Jinyao employees about the work, they said.
Liu knew that Lee lacked the requisite experience, but allowed him to carry out the job, they said.
The air-conditioner fell from the 17th floor as Lee did not properly attach the unit, prosecutors added.
In the court’s first ruling, which considered that Lee admitted to the crime while Liu denied wrongdoing, Lee was sentenced to two years in prison and Liu to one year and six months.
The decision was appealed, and the case was sent to the Taiwan High Court for a second ruling to consider whether the sentences were appropriate.
Liu failed to effectively supervise Lee and allowed him to perform the installation knowing that he had no experience, likely to save on labor costs, the court said in the second ruling.
This negligence caused the unit to fall from the 17th floor, striking and killing the victim, it said.
The court considered that Liu admitted fault, reached a settlement with the victim’s family and fully compensated them, and had no prior criminal record.
Given that Liu had already paid a significant price and is unlikely to reoffend, his prison sentence was reduced to six months, which could be converted into a fine, the court said.
The sentence is suspended for two years, meaning Liu would not have to serve jail time if he meets the court’s conditions over the period.
Considering Lee’s negligent actions caused the victim’s death and he has yet to reach a settlement or compensate the victim’s family, there is no justification for a lenient sentence, the court said.
The original two-year prison sentence would be upheld and the case may still be appealed, it said.
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