The Hsinchu District Court on Monday sentenced a police officer who shot and killed a migrant worker to eight months in prison for negligent manslaughter, but suspended the sentence for three years.
The ruling means that if Chen Chung-wen (陳崇文) does not commit any more offenses during that time, he will not have to go to prison.
Chen and a member of the civil defense corps were on Aug. 31, 2017, dispatched to investigate suspected vandalism and vehicle theft in Jhubei City (竹北) in Hsinchu County.
The duo tried to detain 27-year-old Vietnamese Nguyen Quoc Phi, but he threw stones at them, injuring the civil defense officer.
Chen then fired nine shots, all of which hit Nguyen, who bled to death.
The killing sparked protests by Vietnamese migrants against police violence.
Prosecutors in January last year charged Chen with negligent manslaughter after an investigation.
The court said that Chen had used excessive force and that his response breached the principle of proportionality.
Despite having already fired four shots at Nguyen, seriously limiting his ability to resist arrest, Chen nevertheless fired five more shots, the court said.
The court said it considered Chen’s inexperience, as he was only 22 years old at the time and relatively new to the force, and that he had compensated the family of the victim, when reaching its verdict.
Local media have reported that Chen last year reached a settlement with Nguyen’s relatives for NT$2.6 million (US$83,625).
However, the Hsinchu District Prosecutors’ Office still pressed charges of negligent manslaughter and used footage from Chen’s body camera as evidence.
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