The Supreme Court said, "The credibility of the evidence remains unclear," regarding a male doctor who was acquitted in the first trial and guilty in the second trial for committing an obscene act on a female patient after surgery. I revoked the judgment of the second trial and ordered the trial to be redone at the Tokyo High Court.
Susumu Sekine, a 46-year-old doctor who worked part-time at a hospital in Adachi-ku, Tokyo, was accused of quasi-obscenity for committing obscene acts on a female patient in her thirties who had just completed surgery six years ago. Has consistently claimed innocence.
In previous trials, whether the woman's testimony was credible and the test result of the DNA attached to the woman's breast were issues, and the first trial was found not guilty, while the second trial was reversed and imprisoned for two years. I sentenced him to prison.
In a ruling on the 18th, Judge Mamoru Miura of the Supreme Court's Second Small Court pointed out that "it is not clear whether the test results are reliable or not."
He revoked the judgments of the two trials, saying that the evidence that was important in judging the credibility of the woman's testimony had not been exhausted, and ordered the Tokyo High Court to repeat the trial.
After the decision, the lawyers who held a press conference said, "I took it for granted that the conviction was revoked and the acquittal was confirmed, but my expectations were disappointing. It's a judgment. "
According to the lawyer, the defendant's doctor sees it as "a step forward to clear the crime."
On the other hand, Seiji Yoshida, the chief of the Supreme Public Prosecutor's Office, commented, "I would like to carefully consider the content of the decision and prepare for accurate assertions and proofs in a redo trial."