Death sentence sentenced to death of a disabled person For details, March 16 22:22
The Yokohama District Court has sentenced Uematsu to the death penalty in a trial of the case of disability in Sagamihara. Details of the judgment.
Main sentence
Defendant is sentenced to death.
I. Issues in this case and assertions of the parties
The issue at issue in this case was the defendant's ability to take responsibility at the time of the crime and the extent of the responsibility. Prosecutors allege that the defendant at the time of the crime was a personality disorder, cannabis use disorder, and cannabis poisoning, but the effect of cannabis use on the crime was small and he had full responsibility.
On the other hand, the counsel performed the crime in such a way that the accused, who developed chronic mental illness due to long-term regular use of cannabis, was driven by such abnormal thinking as a result of falling into morbid and abnormal thinking. Allegedly innocent, or at least suspicious.
Second judgment of the court
The court found that the defendant at the time of the offense had full responsibility.
Hereinafter, the reason will be described.
1 Mental illness of defendant
Regarding the defendant's mental illness, Dr. A, appointed by the court as an expert, stated that (1) the defendant was a personality disorder and cannabis use disorder / cannabis addiction at the time of the crime, and (2) the defendant was It was a manifestation of the will and the behavior itself based on it, and it was determined that the use of cannabis had no effect on the offense or that, if any, it was so small that it did not affect that behavior (hereinafter referred to as "A appraisal").
On the other hand, Dr. B, whose lawyer personally asked for a testimony, stated that (1) the defendant was cannabis psychiatric disorder with deviant-motive syndrome, and (2) the offense was based on the above-mentioned ( It was judged that the influence of 1) was deeply involved and could not be achieved without it (hereinafter referred to as "B appraisal").
Doctors A and B both have sufficient qualifications to state their expertise on the mental status of the defendant, based on their backgrounds and experiences, etc. Since there is no doubt about the accuracy, the content of each appraisal is not apparently irrational at first glance.
In addition, even if the defendant suffered from personality disorder, cannabis use disorder, and cannabis poisoning as pointed out by Appraisal A, the Appraisal B did not dispute that these did not have any particular effect on the crime.
After all, the only psychiatric disorder in the evidence that could have had a reasonable effect on the crime was the cannabis psychiatric disorder with deviant-disease syndrome indicated by the B test. It is said that Dr. B himself has never been contacted before and is a rare case that has not been confirmed in Japan, and relies on medical knowledge established by B Appraisal for its disease image and diagnostic criteria. It is not always clear from the evidence that this is the case.
However, this alone does not immediately reject B-testing, which is considered to be based on sufficient specialized knowledge in psychiatry. Therefore, in the following, it is determined whether or not the defendant at the time of the crime is excluded from the suspicion that he had suffered from cannabis mental illness with a departure syndrome called the B test in light of the disease image and diagnostic criteria referred to in the B test. consider.
(1) The reason why the B appraisal determined that the defendant at the time of the offense was suffering from cannabis mental illness accompanied by deviant-motive syndrome is as follows.
Oh, cannabis mental illness is a long-term regular user of cannabis. 1 Psychotic symptoms, such as hallucinations, delusions and thought disorders, appear and are prolonged, leading to symptoms of schizophrenia such as paranoia, paranoia, and hallucinations. It often presents a similar disease picture. 2 Furthermore, there may be a state of departure from activeness such as a sustained high-lifting mood or an abnormal increase in motivation (according to Dr. B, "a state in which the tag has come off"), which is referred to as departure-of-motive syndrome.
B. Considering the above, the defendant uses cannabis four or five times a week, and often many times a day for about one year from around 2015 to the crime, and is a long-term regular user of cannabis.
1. At this time, the defendants at the time may be initially referred to as "disabled persons who cannot communicate (hereinafter referred to as" severely disabled persons "), but in any case, defendants cannot communicate based on their own thoughts. A person who perceives to be a person) creates unhappiness "," Severely disabled people should be euthanized "(the defendant's" euthanasia "is not a common terminology) ), There is a major leap and departure from unthinkable thinking, such as "self-killing a person with severe disability," which can be attributed to morbid thinking or thought disorders.
In addition, the defendant had a harmful hallucination before the crime, and on the day before the crime, the defendant instinctively said that he was being chased by a yakuza from the actions of his friend and before he was killed, The perpetrator of the crime is thought to have to be carried out, which is an incomprehensible delusion.
2. In addition, the defendant at this time went to the House of Representatives of the lower house and handed a letter addressed to the lower house chair stating that he was killing a person with a severe disability, as well as violence, violent behavior and speed at work. Repetition of excess, brute force self-relationship of the Illuminati card, remarks such as being a hero or a savior, etc.Elevation of mood and increase in activity, pathological self-election, remarkable decline in reality examination ability Unusual mental symptoms persisted.
In particular, the alleged crime killed as many as 43 people in a short period of time and could not be done without extraordinary energy and tremendous action, and was in a state of departure syndrome. It can be said that it is the most expressive surface.
C. Therefore, the defendant at the time of the offense was in a state of cannabis mental illness accompanied by deviation from drive.
(2) First, among the findings pointed out by the B test as diagnostic criteria for cannabis mental illness with deviant-motive syndrome, the fact that the defendant was a long-term user of cannabis is easily recognized by evidence. Defendants 'thoughts were due to morbid thinking or thought disorders, and defendants had hallucinations and delusions. (2) Defendants' behaviors deviated from activeness and deviated from the cause. Is a problem.
The Court has ruled that the B-testing cannot be adopted in either of the points 1 and 2 above, but the main reason is that the defendant's idea of severely disabled persons, which is the core of Based on the experience of working at the facility, it can be understood as having arisen based on the topic of the world situation of interest, and it cannot be said that it is due to morbid thinking or thinking disorder. Even at the time of the criminal offense, in which the symptom (deviation of activeness) of the deviant syndrome was most prominently expressed, the defendant did not take irrational behavior that deviated from the aforementioned criminal action machine. No deviation is allowed. The following is a supplementary explanation.
(3) Prerequisite facts recognized in evidence First, the prerequisite facts recognized in evidence are shown to the extent necessary to examine the above points.
(A) The defendant started working at the facility in December 2012, and initially said to friends that the user of the facility was “cute”. However, the defendant was thanked by his family for helping the drowned user while working, suddenly biting the user and making strange voices and acting arbitrarily. Although the temporary user's family seemed to be painful, the family of the user entering the facility seemed to be easy to talk about the staff, and the staff violated the users. People with severe disabilities are unhappy, and their families and their surroundings are unnecessarily unhappy because they felt that they did not treat the user as a person rather than giving them a meal. It became so.
B. Also, as mentioned above, the defendant became interested in world affairs around the same time that he thought that the severely disabled were unnecessary, Looking at the news of the house, feeling courageous to tell the truth even if people do not say it, or watching the news on international terrorism, thinking that conflicts will occur due to lack of money It was way.
The defendant must provide his friends with the government's permission, at least until February 2016, at least for the need for severely disabled people to be "euthanized". Killing a severely disabled person earns it, killing a severely disabled person will not change immediately, but his killing will resonate the world and the same thing will happen in the world, and will not waste money He began to make statements saying that he could spend money elsewhere, leading to world peace.
In addition, the accused knows on the Internet etc. that the cards used in the power game called Illuminati Card predict many events that have occurred in the world, believes it, and the power of the leader of transmission in that Came to think that the text had a statement suggesting the accused.
C) The defendant visited the House of Representatives of the House of Representatives (hereinafter referred to as “the official residence”) or its surroundings every day from February 13 to February 15, 2016 to deliver letters addressed to the Speaker of the House of Representatives, and the surrounding area. At around 10:20, the officials of the official residence told him to mail the letter, but he sat down in front of the official residence, hit his head against the ground, repeated the prostrate, and was called by a police officer called by the officials. He was moved on the sidewalk in front of him, but he received a letter (hereinafter “the letter”) around 0:30 pm on the same day, thanked officials of the residence and left.
The letter delivered by the defendant states, "I can kill all 470 persons with disabilities. I understand that this is an outrageous statement. , The lack of vitality of the staff working at the facility, I thought that it was for the sake of Japan and the world, so I decided to act today without being able to stay or stand. '' And the possibility of preventing full-scale World War III cooking from happening. "," My goal is to make it extremely difficult for people with multiple disabilities to live at home and socially. In this case, it is a world where euthanasia can be achieved with the consent of parents ”,“ Disabled people can only make misfortunes ”,“ I studied Illuminati cards with Illuminati made of Freemasonry. It ’s very likely that a future human will be killed Killing people with disabilities can minimize unhappiness, "said Mr. Chairman of the House of Representatives, how can you help for the beloved Japan and for all humanity? The defendant's thoughts are described, and as specific methods, "I will go to the night shift with few staff", "I will target two gardens where many people with multiple disabilities are enrolled", "The monitoring staff will unite `` I will watch in the band and lose contact with the outside '', `` The staff will not hurt the situation and carry out the operation promptly '', `` I will be killed after killing 260 people in the two gardens '', After the arrest, confinement should be limited to a maximum of two years, after which you should be free to lead a free life: innocence due to insanity. "
D. On February 19, 2016, the defendant was hospitalized as a measure for giving the letter, etc., and retired from the facility. On March 2, 2016, the defendant was released from the hospital. The defendant no longer told his friends that he did not need a severely disabled person as before, but he continued to say the same to some friends.
Oh, the defendant used marijuana with his friends at the riverbed around midnight from July 24 to 25, 2016, and told him to return to the car at 1:30 am on the same day on 25th of the same month. Driving away by car, from the evening of the same day to the early morning of the next 26 days, purchased gum tape, a tying band, a hammer, etc. at a hardware store, eating and drinking with a friend at a yakiniku restaurant, calling a delivery health woman to a hotel, and then purchasing Carrying goods and five knives taken out of home and traveling near the facility by car, from 1:43 am on the same day to 2:48 am on the same day, the crime was committed and 3:00 am on the same day Five minutes, I appeared at the police station.
(4) The B test indicates that the accused's thinking was due to morbid thinking or a thought disorder, and the accused had hallucinations and delusions (1)
A. Regarding morbid thoughts or thought disorders First, the defendant, who is the core of the criminal action machine, will examine the understandability of thinking about severely disabled people.
In light of the fact that the defendant stated in his court that he had normal judgment ability, in order to emphasize his normality, he organized the perpetrators further theoretically. We cannot deny the possibility of making such statements and cannot reasonably trust defendants' statements in court regarding the perpetrators. On the other hand, there is no doubt about the credibility of the letter and the behavior of the accused at that time with respect to acquaintances, and according to these, the perpetrators are recognized as follows.
In other words, a severely disabled person who thinks that the defendant cannot communicate is unhappy, and is an unnecessary entity that makes his family and surroundings unhappy. Support has been obtained for the notion that people with disabilities are unnecessary, and a society in which people with severe disabilities are euthanized has been realized. It is recognized that he was a criminal actor who was able to become a pioneer when he showed such an idea.
By the way, the defendant has been working at the facility from December 17, 2012 to February 19, 2016, when hospitalization for the measures was taken, and in the circumstances described in (3) a and b above, The behavior of the facility users, their families, and staff led them to think that severely disabled people who could not communicate were unnecessary entities that created misery and should be "euthanized." Although such an idea could not be admitted at all, it can be understood as an idea based on the defendant's own actual experience as described above, and in this regard, Dr. B. Says.
On the other hand, Dr. B, on the basis of (a) the initial thoughts that “severely disabled people make misery” and “should be euthanized”, (b) “self kills severely disabled people” It is said that there is a great leap and departure from unthinkable thinking.
However, it can be said that the idea of the above (a) has the same direction as the idea of the above (b) in that it is negative in the existence of a severely disabled person. I can't say.
In addition, the idea that if the severely disabled person disappears, the amount of other money that can be used will increase, although the content itself can not be justified, but it can not be said that there is obvious contradiction or error, the unnecessary disability that the severely disabled person creates misfortune Defendants who thought they should exist and should be euthanized should see news on international terrorism, etc. The fact that disputes disappeared by turning the money used for other purposes into disputes and led to world peace could be deemed unreasonable, but it was reasonably reasonable as a source of information. It can be said that there is a pathological flight day because it can be seen as based on.
In addition, regarding the fact that the defendant himself kills the severely disabled, the defendant who believed that the severely disabled were unnecessary and should be "euthanized" by violent behavior Watching news on overseas politicians that are attracting attention, etc., and having had experience working in facilities for disabled people, it is not possible for world peace if severely disabled people are gone It is a truth that only you are aware of and, like overseas politicians, you can do things that others cannot do, that is, by killing yourself, It can be understood that he thought he could become a pioneer if he realized that it was unnecessary and would create a society that “euthanizes” severely disabled people and that the world would be peaceful. Although the process of forming such thoughts could not be justified, it can be regarded as based on work experience in facilities for persons with disabilities and on the grounds of news that can be considered as a reasonable source of information. It cannot be said that there was a great leap.
Defendants expressed their thoughts of killing severely disabled people using onomatopoeic words such as "Bahn" and "Gern", and "According to God" to acquaintances. However, as mentioned above, the idea was based on the defendant's experience and grounds, and there was no pathological leap, and the expression itself of these defendants immediately became ill. It does not mean that there was something due to thoughts or thought disorders. Looking at the effects of the Illuminati card, the defendant only knew that there was a letter suggesting the defendant in the legendary leader's description, and killed severely disabled people from the Illuminati card I did not get the idea of doing so, and even if it did, it would only support the accused's thinking of becoming a pioneer.
Therefore, the defendant's idea of a severely disabled person, which is at the core of the perpetrator, is understandable in light of the process of its formation, including the fact that it kills the severely disabled person, and is not considered morbid thinking or It cannot be said that it is due to a thought disorder, and it must be said that Dr. B's judgment on this point is irrational.
B. According to the evidence regarding hallucinations and delusions, it is recognized that the accused on the day before the crime had delusions, such as being chased or pursued by anyone including the yakuza (Dr. A Defendant is thinking that it is being disturbed by Yakuza and is aimed at, and this is not an unrecognizable idea but a "delusion", but here the "delusion" is B Since it is listed as a symptom of cannabis psychosis by a doctor, follow the usage of Doctor B. The same applies hereinafter.)
However, on the day before the crime, the defendant had other delusions, such as eating and drinking at a barbecue restaurant with a friend and calling a delivery health woman to a hotel, in addition to the above-mentioned delusional behavior. He was able to take actions that were unlikely to be considered, so the degree of domination by delusions was limited.
As for the hallucinations, as Dr. B states that it is not too heavy, it is only "noisy" or "kinky", and there is no one that directly commands the accused's thinking. Therefore, it cannot be denied that the defendant had hallucinations or delusions, but it is recognized that the magnitude was not strong.
(5) The B test indicates that the defendant's behavior has a deviation from activeness and is a group of departures from the cause of the motive (2).
A. First, consider the crime, in which Dr. B points out that the most prominent manifestation of departure symptom was the manifestation.
(A) First of all, looking at the murder target, the defendant checks whether the user can talk to the night shift staff, speaks to himself, the state of the room seen by himself, his work experience, etc. Based on the criminals, the defendant considers severely disabled people and kills them, and accurately selects the killing targets according to the criminal action machine. On the other hand, the defendant did not always take actions in line with the criminal offense, but also excluded users who had been selected as victims of severe disability because they did not want to attach filth, etc. However, taking into account circumstances that have nothing to do with the perpetrator, a reasonable response can be taken.
Looking at the mode of killing, even if there were unforeseen circumstances such as a stab at the chest or back near the tip of the knife, which was a weapon, or an injury to one's own finger, the target place was targeted at the neck. The department has been able to respond flexibly according to the purpose while accurately recognizing the situation, such as changing to a department.
Furthermore, looking at the entire crime, Dr. B points out that killing 43 people in a short period of time requires extraordinary energy and tremendous action. However, according to the perpetrator, it was necessary to kill as many severely disabled people as possible, and as a former employee, he had grasped the structure of the facility. It was a crime that was properly planned and prepared, such as invading with a tying band for restraint, and only those who would have difficulty in asking or resisting any of the murder targets On the other hand, given the fact that the accused was an adult male trained body, it seems that there was no particular psychological or physical obstacle to killing many in a short time. It is. In that case, it is not necessarily possible to say that the culprit could not have committed the crime without the defendant's extraordinary energy and tremendous action, so the B appraisal lacks an appropriate premise.
(B) In addition to the fact that the defendant responded to a number of night shift employees in parallel with killing a large number of users, there were cases where some of the employees were injured. Is necessary for a criminal activist to kill a large number of severely disabled persons, that is, detain them so that they do not report to the outside, ask if they are able to talk to users, or take the key to the facility. He did nothing but attack, using a kitchen knife. Thus, while defendants acted in line with their motivation, they did not do so exclusively, advising them to take a big breath with their nose when suffering from staff who had their mouth covered with gum tape. According to the situation, rational actions that had nothing to do with the criminal machine but did not contradict were taken, such as taking staff who wanted to go to the toilet to the toilet.
The defendant also made an unusual statement to some staff members that he came from space, but even more specific actions that seemed to have assumed that he was an alien Since it is not found, it is unlikely that the statement truly assumed that it came from space, but rather it can be understood as a statement in the excitement of the crime. Then, it cannot be said that the above statement indicates a deviation from the activeness.
(C) In addition to the above, the situation immediately before and after the criminal offense is not particularly conspicuous of any departure from activeness. And acted in line with the perpetrators of the killing of persons with severe disabilities, but on the other hand, did not exclusively take such actions and responded to the surrounding situation during each killing act. It can be said that various behaviors not inconsistent with motives could be taken together, such as changing behaviors flexibly. Therefore, at the time of the criminal offense, it cannot be said that the defendant was in a state of departure from activeness, such as sustained high-lifting feelings and abnormally high motivation.
B. Next, the fact that the defendant sent the letter around February 2016 will be examined because the B appraisal cited it as one of the reasons for the drive-evident syndrome.
In this regard, the killing of severely disabled persons in the contents of this letter is not due to morbid thinking or thinking disorder as described above. In addition, regarding legalization of cannabis and casinos, it is not a peculiar idea in itself, and along with the realization of a society in which defendants who were interested in the world situation etc. "euthanize" severely disabled people, It is also consistent to state in the letter addressed to the Speaker of the House of Representatives the policy they wish to achieve. In addition, the attached image of the Illuminati card and the two pictures assumed to have been written by the accused can be understood to be related to the text and enclosed by the accused. And even if you look at the whole sentence, it is not a one-sided description of your thoughts, but a polite language that uses the recipient's consideration. In light of these things, no morbid abnormalities can be seen from the content of the letter itself. Also, it is not unnatural that this letter was prepared for the lower house chair, because the contents appeal to the realization of society desired by the defendant, world peace, etc., and are related to politics. .
In addition, the defendant visited the official residence every day to hand over the letter, and despite being rejected by officials and police officers, stayed at or in front of the official residence for about two hours and hit his head against the ground. He proclaimed something abnormal, such as prostrate, to receive this letter. However, it is apparent that the defendant had strongly requested that the letter be received.However, the communication itself with the official residence staff and police officers did not show any abnormalities such as violent behavior, and He left immediately after the purpose of receiving it was realized, and it seems that he was acting without any means to achieve the above purpose. If so, the above-mentioned actions of the defendant are somewhat excessive, but they can be understood as normal actions for receiving this letter.
Accordingly, there was no indication of any pathological abnormality regarding the submission of this letter, and it is deemed that the state of activity was not deviated.
In addition, three doctors are examining the accused in connection with the hospitalization, which is due to the accused sending the letter. He pointed out "excitation" and "high mood" for emotions and emotions, diagnosed cannabis mental illness, and stated that such a diagnosis was possible. However, these are diagnoses made to judge the necessity of hospital admission to the extent that they are tired, and are based only on limited materials and interviews.検討されたものではないから、前記認定を左右しない。
C) In addition, even when examining the circumstances that Dr. B lists as a deviation from activeness, there is no indication of pathological abnormalities, and it cannot be recognized that the activity has deviated.
Engineering From the above, it is recognized that the accused did not deviate in the behavior of the accused and was not a departure syndrome.
(6) As discussed above, although the defendant is a long-term addict of cannabis, the defendant's thoughts regarding the criminal machine were not due to morbid thinking or thinking disorders, but were accompanied by hallucinations and delusions. Even so, the degree was not so strong, and even the crime, in which Dr. 2B pointed out that the most prominent manifestation of departure syndrome, was not in a state of deviating activity, and was active in other situations. No deviation is allowed. In this case, there is no suspicion that the defendant was suffering from cannabis mental illness accompanied by deviation from the drive described by Dr. B, even on the premise of the medical condition and diagnostic criteria referred to by Dr. B.
2. Influence on the crimes such as mental disorders
As discussed previously, the alleged defendant had a cannabis mental illness with deviation from the drive at the time of the offense was dismissed, but the defendant regularly used cannabis, and to any extent was attributed to cannabis use. According to the A appraisal, there was delusion, etc., and according to the A assessment, the cannabis component was distributed in the body at the time of the crime, and he was suffering from cannabis use disorder and cannabis poisoning. Therefore, hereafter, is there any doubt that the ability to judge the defendant's right or wrong at the time of the offense or the ability to control the behavior in accordance with the judgment has been lost or significantly reduced due to the influence of cannabis or any mental disorder related thereto? To consider.
(1) The motive of the crime is understandable The motive of the crime is as described in (1) (4) above, and the defendant's own work experience at the facility and interest in the world The process of shaping the motive as a result of the topic of the situation is clear, there is no morbid flight, and it is understandable.
(2) The Planned, Consistent, and Purposefulness of the Offense is Recognized The Defendant must kill the users of the Facility at the latest by February 2016 when he wrote the Letter, and We plan to carry out on the band, restrain the staff with a tying band, and show up to the police after the execution, take out multiple knives from home by the day before the crime, and remove the tying band and hammer etc. They are preparing to purchase, etc., and the crime has been planned.
The defendant broke the window glass with the hammer he brought in, entered the facility building early in the morning on July 26, and detained the night shift staff with the tying band he brought, killing the severely disabled with multiple knives he brought. After that, he appeared at the police station, which was an action as planned and prepared. Further, as discussed in 1 (5) A above, at the time of the criminal offense, including immediately before and immediately after, a behavior consistent with the motive was taken, and no behavior that contradicts this was observed.
Therefore, it can be said that the crime was committed intentionally and was consistent and purposeful in relation to motives.
(3) The letter written by the defendant that the defendant was aware of the illegality states, "I can kill all 470 persons with disabilities. I understand that it is an outrageous statement. , "" I will kill myself after killing 260 people in the two gardens. "" Let me stay in captivity after arrest for a maximum of two years, and then let me live a free life. Innocence due to insanity. " There is a description. In light of these statements, while the defendant believes that the culprit was a meaningful act for the defendant, it was not easily accepted by society. It is clear that he understood that this was an act that would result in the police going to the police station after the crime was committed. It is clear, therefore, that the defendant perceived the crime as illegal.
Attorneys were not willing to give this letter or talk to their friends about the need for a severely disabled person or killing a severely disabled person. He asserts that there is no evidence to hide or run away before and after the crime. However, the defendant refused to talk to police officers who responded at the official residence when asked about the contents of the letter, and to refrain from killing severely disabled people, depending on the situation, especially after the hospitalization of the measures (1 ( 3) The defendant was able to take action in consideration of the possibility that the defendant's intention of killing a severely disabled person might be regarded as a problem. I don't think there was a problem in recognizing illegality. Also, in light of the accused's intention to make his ideas known to the public in the criminal offense, it is natural that there was no action to hide evidence or run away. There is no evidence that there was no.
(4) In light of the intelligibility of the motive, the planability, consistency, purposefulness, and recognition of illegality of the offense, no particular irrational point is found in the offense. In addition, the defendant's delusions and hallucinations, which are recognized in evidence, are only mild (1 (4) b), and the content of the delusions only hastens the date of the offense. It is unlikely that any mental illness related to this had affected the offense. Therefore, there is no suspicion that the defendant's ability to judge the right or wrong of the defendant at the time of the offense and the ability to control their actions in accordance with the judgment have been lost or significantly reduced.
3 Conclusion
From the above, it is recognized that the defendant at the time of the crime had full responsibility.
The reason for the sentencing The defendant, a former employee of the facility, who has used the facility because the disabled has moved in, has entered the facility and stabbed 43 users with a knife with murderous intentions. However, 19 people were killed, 24 people were injured, and five night shift workers were arrested and two people were injured.
In this case, what is most important in sentencing is that the consequences of murder, especially the loss of 19 lives, are so severe that they cannot be compared to other cases. From this fact, the criminal affair is already serious.
The 24 people who attempted to kill were also likely to require a total of about 9 days to about 6 months to cure, and although the degree of injury was slight, they were all at considerable risk of life. The consequences are also significant.
Looking at the offense mode, the defendant aims for the listening zone when the number of employees is small, prepares multiple blades necessary to kill a large number of users, a binding band necessary to restrain the staff, etc. In addition to this, 43 people who would be difficult to seek help or resist while preventing reports etc. by restraining the body of the night shift staff etc., sequentially using a knife with a killing ability with a knife He pierced several key parts of the body, such as the back and neck, several times. It was a crime committed by intentional and intense murder, and the risk of taking many lives was high. From the above, the malicious nature of the offense is also enormous.
The motive for such offense was as already pointed out in 1 (4) a in the judgment on the above assertion, and it was not said that there was an effect of marijuana or any mental disorder related thereto. There is no room for excuses even in light of the motivation process, and severe accusations are inevitable.
As mentioned above, as a result of this case, especially the murder was extremely serious so as not to be able to compare with other cases, and the crimes were infinitely heavy and the victim's bereaved were steep in light of the form and motive of the crime. It is natural to show punishment.
In that case, the defendant is relatively young at the age of 26 at the time of the offense, considering that general circumstances such as lack of criminal record as much as possible, and judging from the viewpoint of equilibrium and fairness of the penalty, there is no choice but to face the death penalty. did.