Relevant Legal Provisions

Article 25, Paragraph 1 of the Sexual Harassment Prevention Act：A person who, with intent to sexually harass, takes advantage of another's inability to resist and engages in acts such as kissing, hugging, or touching the other person's buttocks, chest, or other private parts of the body shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than NT$100,000, or both. Where the offense is committed by exploiting authority or opportunity as referred to in Article 2, Paragraph 2, the punishment shall be increased by up to one-half.

Facts and Reasons

The defendant and the complainant, an adult woman, were previously unknown to each other. On an escalator leading from the MRT concourse to the platform, the defendant pushed through the crowd while going down the escalator and used his hand to strike and touch the complainant once on her right shoulder and right chest. The complainant immediately questioned the defendant as to why he had struck her and touched her chest. After reaching the bottom of the escalator, the defendant told the complainant on the platform that he had not struck her, and then immediately went back up the escalator and left. With the assistance of bystanders, the complainant reported the matter to the police, and the circumstances were subsequently ascertained through investigation.

Judgment

With respect to the above-mentioned defendant in the Sexual Harassment Prevention Act case, the prosecutor initiated a public prosecution, and the court rendered a judgment of non-acceptance of the prosecution.

As the defendant and the complainant reached a mediation agreement and the complainant submitted a written withdrawal of the complaint, as evidenced by the court's mediation record and the complainant's written withdrawal of the criminal complaint on file, the court therefore rendered a judgment of non-acceptance without oral argument.

(Note: To protect the client's interests, certain case details and judgment images have been redacted and modified. For a full review of the case, please refer to  Judicial Yuan's judgment database)

Attorneys：Vincent Huang、Herman Lyu、Doris Ho