In the trial of his father, who was charged with lethal injury for shaking and killing his eldest daughter, who was one month old, the Tokyo High Court of the second trial found that the assault was only due to the symptom of "infant shaking syndrome". He was acquitted following the first trial, saying he was not admitted.
The person who was acquitted was Hayato Nakama (44) in the construction industry.
In 2017, at his home in Machida, Tokyo, he was accused of lethal injury for causing brain damage by shaking the head of his eldest daughter, who was one month old at the time, and killing him about two months later. I did.
The Tachikawa branch of the Tokyo District Court of the first instance pleaded guilty last year, but the prosecution appealed, "It is abusive to have three symptoms of subdural hematoma, fundus hemorrhage, and cerebral edema'infant shaking syndrome'. There is nothing but trauma caused by. "
In the judgment of the second trial, Toshiaki Fujii, the judge of the Tokyo High Court, said, "Diagnosing one cause from multiple symptoms is only a guideline in pediatric medicine, and it seems to be a scientific law that should be followed as it is in the fact finding of the court. It's not something that isn't. "
He pointed out that "if there is a result by reversing the cause and effect, it is not recognized that there was a cause, and if there was an assault going back from the three symptoms, it cannot be recognized by itself", and he was not guilty following the first trial. I handed it over.
After the decision, Mr. Nakama said, "I was relieved because I believed in innocence. I can report it to my daughter."
In the trials charged as abuse cases due to the symptoms of infant shake syndrome, acquittals have been made all over the country.
Motonobu Hisagi, Deputy Prosecutor of the Tokyo Higher Prosecutor's Office, commented, "I would like to thoroughly scrutinize the content of the decision and take appropriate measures."