Anesthesiologist Molests Female Patient, Second Instance Still Sentences to 1 Year 2 Months

An anesthesiologist, Lin Chao-shun, was sentenced to 1 year and 2 months in prison in the second instance for molesting a female patient who was under anesthesia after a gastrointestinal endoscopy. The High Court upheld the original verdict, dismissing his appeal, emphasizing the severity of betraying patient trust.
その他NQ 0/100出典:PR Times

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  • 📰 Published: May 7, 2026 at 13:57
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Central News Agency

(Central News Agency reporter Hsieh Chun-lin, Taipei 7th) Anesthesiologist Lin Chao-shun, in 2022, took advantage of a female patient who had just completed a gastrointestinal endoscopy and was still under anesthesia, molesting her successfully. The first instance sentenced him to 1 year and 2 months in prison for committing an indecent act by taking advantage of a person's unconscious state. The second instance found no error in the facts and application of law by the original court and deemed the sentencing appropriate, today dismissing the appeal.

According to the news release from the Taiwan High Court for the second instance, Lin Chao-shun, an anesthesiologist at Taipei Medical University Hospital, on the morning of November 25, 2022, took advantage of a female patient who was lying in bed after completing a gastrointestinal endoscopy and was still under the effects of anesthesia, unable to resist. Against her will, he touched her private parts with his fingers, successfully molesting her.

The news release pointed out that although Lin denied the informant's allegations, he did not deny them during the initial gender equality investigation meeting within the hospital. Furthermore, there was testimony from a specialist in the hospital president's office, the head of the anesthesiology department, and a social worker on file. Lin's defense was also inconsistent with common sense, confirming his indecent act by taking advantage of the situation. The prosecutor's appeal to prosecute him for sexual intercourse by taking advantage of a person's unconscious state was insufficient in active evidence other than the informant's allegations, and thus his appeal was without merit.

The collegiate panel considered that Lin, as a physician, acted on his personal desires while the patient was unconscious, thereby undermining the foundation of trust in the doctor-patient relationship. Objectively, there was no situation where the offense was minor but the law was severe, which could evoke general sympathy or warrant leniency. Nor was there a situation where imposing the lightest statutory penalty would be excessively harsh. Therefore, the provisions for discretionary reduction of punishment under the Criminal Code were not applied. The original court's sentence of 1 year and 2 months, considering all circumstances, did not violate the principle of proportionality and the principle of proportionality between crime and punishment.

In addition, the collegiate panel considered that Lin denied the offense and did not reach a settlement with the informant. If the sentence were not executed, the rule of law could not be maintained, so no probation was granted. As for the prosecutor's request for a heavier sentence, the collegiate panel considered that Lin had expressed his willingness to compensate NT$1,182,000. Although no settlement was reached with the informant, he showed some intention to make amends, so it was deemed inappropriate to increase his sentence. (Editor: Chang Ya-ching) 1150507

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