Eight years ago, in Shibata City, Niigata Prefecture, the prosecutor's office said, `` It is an extremely selfish and indiscriminate crime, and there is no hope of rehabilitation."
Defendant Shogo Kino (39) was eight years ago in January 2014 in Shibata City, Niigata Prefecture. He has been charged with murder and other crimes.
In the trial so far, the defendant has claimed innocence, stating, "I have no memory of it at all."
At the trial held at the Niigata District Court on the 7th, the prosecution said, ``This is an extremely selfish and indiscriminate crime that deserves extremely strong condemnation. '' and demanded the death penalty.
Defendant Kina was sentenced to life imprisonment in another case before this case
Before being arrested and indicted in this murder case, Kina was accused of sexually assaulting four women in Niigata Prefecture and causing the death of one of them in 2018. Life imprisonment was fixed.
In 2014, when he was arrested, he escaped from the window of the Niigata District Court in the middle of the detention procedure and was arrested about 350 meters away about five minutes later.
Regarding these cases, in December 2015, the Niigata District Court handed down a sentence of life imprisonment, which was confirmed by the Supreme Court in 2018.
After that, he served time in prison, but in January 2014, he was arrested and charged again after being found to have kidnapped and murdered a 20-year-old woman.
If the crime is discovered after the guilt is established, the severity of the sentence is
How will the severity of the sentence be determined if an additional crime is discovered after a conviction has been established?
In 2001, a woman who ran a pharmacy in Osaka was murdered and her cash was stolen. I was.
At the trial, the prosecution requested the death penalty, saying, ``The previous robbery-murder case should also be taken into account in the weight of the sentence.'' It is truly vicious that it extended to this point." On the other hand, he was newly sentenced to life imprisonment on the grounds that his planning was not recognized, and was later confirmed.
In a criminal trial, it is prohibited to punish a crime that has already been confirmed, but in this trial, the Supreme Court said, ``It is permissible to consider the confirmed case as an important background leading up to this crime.'' shows the idea.
Then, when a new sentence is handed down, what happens to the execution of the original sentence?
If both sentences are fixed-term sentences, both will be executed if confirmed.
For example, if a defendant who was sentenced to 13 years in prison is later sentenced to 15 years in prison, he will effectively serve 28 years in prison.
However, when the newly handed down sentence is the death penalty, ``the original sentence will not be executed except for the confiscation of weapons, etc.'', and in the case of life imprisonment or imprisonment, ``no punishment other than fines, penalties, and confiscation will be carried out.'' I'm here.
If a defendant who has been sentenced to life imprisonment is found guilty in a new case and is sentenced to life imprisonment or the death penalty, at that point the already confirmed life imprisonment and the new sentence will coexist. becomes the shape.
If confirmed, the life imprisonment that has been served will be suspended and the newly sentenced sentence will be applied.