The Kaohsiung branch of the Taiwan High Court rendered the 104-Shang-Yi-26 Criminal Decision of January 15, 2015 (hereinafter, the "Decision"), holding that the criminal intent of the actor to intimidate the victim via a letter containing malicious contents of notification exists and is not affected by the fact that the contents about a lawful channel for resolving the disputes also exist in the letter.
According to the facts underlying this Decision, the Appellant, also the Plaintiff, posted a letter which intimidated the victim by stating: "I will send my boys to break into your house" and "I will visit you with police officers in the precinct and my men to demand your immediate eviction." The original trial court ruled that the offense of threatening the safety of others under Article 305 of the Criminal Code was committed. The Appellant appealed on the grounds summarized as follows. Although he indicated in his letter that he would send his men to relocate the victim, he also indicated that he would visit with police officers from the precinct. Since this is sufficient to prove that the Appellant subjectively did not have the criminal intent to intimidate, he requested that the original decision be reversed.
According to the Decision, however, the above letter did contain malicious contents of notification which literally threaten to harm the life, body and property of the victim and are sufficient to cause fear in the victim's mind. When this mater occurred, the Appellant subjectively did show a criminal intent of threatening the victim through the malicious contents of notification, and this is not affected by the contents about another lawful channel to resolve the disputes between the parties also included in the letter. Since the determination in the original decision does not violate experiential and theoretical principles, the Appellant's appeal was rejected with no possibility for any further appeal.