Drug CasesSuspended sentenceFeatured Case

Taiwan Drug Hazard Prevention Act — appellate judgment

Partial suspended sentence (緩刑) / modified judgment
Handling attorney:謝政翰、林宗諺
Case Overview

Under the appellate judgment caption «Taiwan Drug Hazard Prevention Act and related offenses», in a joint transport of Schedule II cannabis (大麻) appeal, we defended the defendant and obtained a suspended sentence (緩刑) on sentencing.

Background

The judgment's first page lists appointed counsel Attorneys 謝政翰 and 林宗諺. The High Court heard the appeal, partially vacated the original judgment on joint transport of Schedule II cannabis; one defendant received 1 year 10 months' imprisonment with a 5-year suspended sentence (緩刑) and forfeiture of cannabis, among other orders.

Defense Strategy

Our attorneys filed appellate briefs on participation level, sentencing, and suspended sentence (緩刑) conditions.

Key Issues
  • May appeal challenge sentencing only?
  • Suspended sentence (緩刑) and probation conditions?
Legal Basis & Argument

Taiwan Drug Hazard Prevention Act; Taiwan Code of Criminal Procedure appellate procedure; Taiwan Criminal Code Art. 74 (suspended sentence (緩刑)).

Verdict

The High Court partially vacated the original judgment, imposed sentence, and ordered a suspended sentence (緩刑).

Judgment (personal data redacted)
Judgment (personal data redacted)
Click to enlarge

* Personal data such as names and ID numbers in this Judgment (personal data redacted) has been redacted in accordance with Taiwan's Personal Data Protection Act * Document images are official Traditional Chinese legal papers; the original text controls.

Related Tags

Taiwan Drug Hazard Prevention ActCannabisTransportAppealSuspended sentence (緩刑)
Handling Attorneys

謝政翰

Managing Attorney

Criminal defenseFinancial crimesCivil–criminal crossover disputes

林宗諺

Attorney

Criminal defenseFraud casesDrug casesTaiwan Anti-Money Laundering Act

These summaries are for reference only. Actual outcomes depend on the facts and evidence of each case.