收賄加速火化、偷假牙　新北市火化場技工二審判刑2年

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收賄加速火化、偷假牙　新北市火化場技工二審判刑2年

CNEWS匯流新聞網記者張孝義／台北報導

新北市政府民政局殯葬管理處的席姓技工，與楊姓同事等收取殯葬業者紅包，讓業者處理的遺體加快火化速度、挑選特定時辰火化，並竊取棺木火化後產生之假牙及人工關節等廢棄金屬變賣，犯罪所得208萬餘元；高院考量他繳回犯罪所得且認罪，今（15）日依不違背職務收受賄賂罪判刑2年，褫奪公權2年，緩刑5年。可上訴。

檢方起訴指出，火化場的席姓操爐員並兼任領班，其餘20名被告現為或曾為火化場臨時及約僱人員，均明知依新北市政府訂定的「新北市公立殯儀館設施及服務收費標準」，在新北市火化場辦理遺體火化，申請遺體火化的死者家屬僅需依收費標準繳納火化規費予新北市殯葬處，該規費已包括火化後撿骨裝罐，此外無須再繳納任何費用。

並且他們也明知殯葬業者在火化程序之際，在火化許可證內夾有500到2000元不等的現金、或直接交付現金，或以每具遺體 2000元乘以該月火化數量後，按月交付的現金，是為要求他們細心挑出骨灰中之雜質、加快火化速度、挑選特定時辰火化、使火化後頭骨更具完整性、協助密封骨灰罐及其他妥適處理遺體等火化職務行為上之對價。

席等人竟自109年2月1日起在他們任職於火化場的期間，共同基於對於職務上行為收受賄賂之單一犯意聯絡收受賄款。

此外，席某於111年5月19日、同年6月8日及112年1月1日等交付日期前的不詳時間，利用擔任操爐員兼領班機會，竊取棺木火化後產生之假牙及人工關節等廢棄金屬變賣牟取不法利益。

高院合議庭審酌席某於偵查、原審及本院審理時就犯罪事實均自白，並已自動繳交全部所得財物，是就這些犯罪，均依貪污治罪條例第8條第2項前段之規定減輕其刑。

又考量席某僅為基層公務人員，平日所從事者係為遺體火化、撿骨等一般人不樂於從事之殯葬相關工作，基於國人傳統民間習俗，過去確有給予協助殯葬「紅包」以化解厄運之觀念，此等歪風陋習，其來有自。

又考量席某於偵查期間即就所為犯行均坦承自白，於法院審理中亦始終為認罪之表示，並於原審即全數繳回犯罪所得，未再保有犯罪利得，足認其確已有悔悟之心。

合議庭因此依不違背職務收受賄賂罪判刑2年，褫奪公權2年，緩刑5年，並應於緩刑期間內向公庫支付40萬元。已繳回之犯罪所得208萬4700元沒收。可上訴。

照片來源：CNEWS匯流新聞網資料照片

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