Four years ago, a lay judge trial of a defendant accused of murdering a Chinese sister in Yokohama City began on the 19th at the Yokohama District Court.
Defendant Tatsuya Iwasaki (43), a former dispatched employee, was accused of abandoning his body after squeezing and killing the necks of his 25-year-old and 22-year-old sisters of Chinese nationality in Naka-ku, Yokohama in 2017. I am.
The first trial, the Yokohama District Court, admitted that the defendant had committed the crime, saying, "In the lay judge trials so far, the victims of single offenses have been murdered in multiple cases, and if no weapon is used, the death penalty or indefinite imprisonment He was sentenced to 23 years in prison, saying that he was not in prison, but the Tokyo High Court in the second trial said, "All the cases raised in the first trial decision were cases between relatives, and there is a big problem in the judgment of the sentence." The trial was remanded as.
At the beginning of the lay judge trial that began at the Yokohama District Court on the 19th, Iwasaki said, "I will remain silent."
After that, the prosecution said that the allegation that "the sentence was too light" was accepted, and that it was a planned and malicious crime.
The defense has been acquitted so far, but in the redo trial, the criminal nature is not disputed, only the weight of the sentence is the issue, so "even if the defendant is the criminal, the victim disguises himself. I was worried about the resentment and sadness of being offered and used for marriage. "
History and issues so far
The issue in this redo trial is the weight of the sentence.
In a lay judge trial held at the Yokohama District Court, the prosecution sought the death penalty for "a ruthless crime based on a planned and strong murderous intention," while Iwasaki did not kill his sister. He pleaded not guilty for not abandoning his body.
The Yokohama District Court is quiet, and the risk of life infringement is different compared to the case of using a weapon after admitting that it was the crime of the defendant, and it can not be said that there was a detailed plan to kill two people from the beginning. In the lay judge trials up to this point, he was sentenced to 23 years in prison because he was a single offender and the victim was multiple murders, and the case without using a weapon was not sentenced to death or life imprisonment.
Both the prosecution and the defendant appealed, and the Tokyo High Court of the second instance found the defendant's offense last year and remanded the case to the Yokohama District Court, saying that there was a major problem with the sentencing.
The problem pointed out by the Tokyo High Court in the judgment is the material presented by the court when the lay judge considers sentencing.
It is a compilation of past judgments based on the number of victims and perpetrators, as well as the presence or absence of weapons and plans, but it is said that the method of setting the search conditions was inappropriate.
For example, it is believed that the first trial searched on the condition that there was no weapon, but the judgment of the second trial pressed the neck with considerable force for at least 5 minutes, so compared to the case of using a weapon. Although the risks are not different, it is inappropriate to narrow down by this condition.
When searching under these conditions, the murder case of two victims was sentenced to death or indefinite imprisonment except for cases between relatives. The lay judge should participate again and judge the sentence based on appropriate materials. "
It has been pointed out that in this redo trial, the criminal nature will not be disputed and only the weight of the sentence will be the focus, and a heavier judgment may be issued.