« 堀江氏逮捕 | Main | 「朝鮮総連は北朝鮮と一体の関係」と裁判官が言及 »

2006.01.24

量刑は適切だったのか?

最初に産経(共同通信配信)の記事を二つ挙げる。

飲酒の危険運転に懲役20年 求刑通り法定最高刑

宮城県多賀城市でRV車を飲酒運転のうえ仙台育英学園高校の生徒らの列に突っ込み、3人を死亡、15人を負傷させたとして、危険運転致死傷罪に問われた無職、佐藤光被告(27)の判決公判で、仙台地裁の卯木誠裁判長は23日、求刑通り懲役20年を言い渡した。

検察側は「無差別殺人に匹敵する」として、同罪の最高刑を求刑。法務省によると、危険運転致死(致死傷)罪を適用した判決で、昨年1月施行の改正刑法で罰則が強化されて以来、法定最高刑の懲役20年が言い渡されたのは初めて。

公判で検察側は、被告が直前まで信号無視や居眠りを繰り返したとして「走る凶器と化していた」と糾弾。弁護側は「足がふらつくこともなく、泥酔してはいなかった」と反論し、危険運転ではないとして起訴事実の主要部分を否認していた。

論告によると、佐藤被告は昨年5月22日未明、飲酒でハンドル操作が困難な状態で運転。居眠りして赤信号の交差点に進入し、学校行事のウオークラリーで横断中だった生徒らの列に突っ込んで細井恵さん=仙台市、当時(15)=ら3人を死亡させ、15人に重軽傷を負わせた。(共同)

(01/23 13:51)

1歳男児略取殺害で無罪判決 「起訴事実に合理的疑い」

愛知県豊川市で2002年、会社員、村瀬純(むらせ・じゅん)さん(28)の長男、翔(しょう)ちゃん=当時1歳10カ月=を車で連れ去り殺害したとして、殺人と未成年者略取の罪に問われた元運転手、河瀬雅樹(かわせ・まさき)被告(38)の判決公判で、名古屋地裁の伊藤新一郎(いとう・しんいちろう)裁判長は24日、「自白に看過しがたい疑念がある。犯罪の証明がない」として懲役18年の求刑に対し、無罪を言い渡した。河瀬被告は判決後、釈放された。

目撃者や物的証拠がなく、捜査段階の自白の妥当性が争点となった。検察側は控訴を検討する。

判決理由で伊藤裁判長は「自白に犯人しか知り得ない秘密の暴露がなく、動機はあまりに短絡的で不自然」と述べた。

伊藤裁判長は、河瀬被告が愛知県警の任意同行後に犯行を認めた、などとして、捜査の任意性を認め「犯人の可能性は否定できない」とした。

その上で自白内容を詳細に検討。被告の車から翔ちゃんの毛髪など痕跡がなく、海に落とした方法も「背中を押した」から「投げ落とした」と変わったと述べた。

さらに(1)略取現場で翔ちゃんを目撃した人はいるが、河瀬被告がいたと断定できない(2)泣き声が気になるなら、駐車場所を変えれば済む(3)犯行後に略取現場に戻ったのは不自然―とも指摘。

「客観的状況は捜査機関がすでに把握し、犯人でなくとも想像で供述できる。捜査官の誘導を否定できず、証拠関係を前提にする限り、犯罪の証明がない」とした。

河瀬被告は、02年7月28日午前1時10分ごろ、豊川市のゲームセンターの駐車場で、村瀬さんのワゴン車に1人でいた翔ちゃんを開いていた窓から連れ出し、同県御津町の岸壁から海に投げ落として水死させたとして起訴された。

駐車場で寝泊まりしていた被告が不審者として浮上、03年4月、逮捕された。(共同)

(01/24 14:03)

前者は3人を轢き殺し15人に怪我を負わせた危険運転致死容疑で求刑20年、後者は1人を略取・殺害した未成年者略取および殺人容疑で求刑18年。

前者の事件が起こった時に「飲酒運転で人を殺す愚か者」なるエントリーを書いた。「酒飲みに対して大甘の日本人が、他国民を笑えるのか?」という内容。危険運転に関しては、当時と考えは変わっておらず、殺人罪や傷害罪を適用してもいいと思っている。それでも、未成年者を略取した上に殺害した罪よりも重いとは思えない。

前者は「飲酒運転をしたら、人身事故を起こす可能性がぐんと上がる」ということを無視したということ。「運転中に故意に人の群れに車を突っ込んだ」というわけではなく、単に前後不覚に陥っただけ。対する後者は自分の意思をもって略取し殺害した(と警察・検察は判断した)ということでしょ。もちろん人数の大小はあるけど、私は後者の方が許しがたいな。前者の求刑が重いというわけではなく、後者の求刑が軽いと感じる。検察も自信がなかったのかもね。

量刑というのは犯罪の抑止力にもなるから、「こんな犯罪、割に合わないな」と感じさせるくらいがちょうどいいということか。してみると、くだんの危険運転致死事件の方は適当ということになるのではないか。もちろん、遺族感情は別だけど。

飲酒して車を運転、途中で前後不覚に陥って、衝撃で気付いたら人を轢き殺していて、禁固20年。こりゃあ割に合わない。誰も自分の人生20年分を飲酒で無駄にはしたくあるまい。「恨んでいる奴を殺せるなら自分の人生の20年なんて惜しくないぜ」と考える人はある程度いるんだろうが、なんせ轢き殺した人に恨みなんてないんだから… この判決を元に、飲酒運転が減少することを切に望む。

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私からも打たせていただきます。

Posted by: ric | 2006.01.30 at 22:28

TBさせていただきます。

日本の量刑は甘すぎると思います。
仙台の判決は「死刑」でも良いと思っています。
被害者側が納得できる(できないとは思いますが)判決を望みます。

Posted by: ミスターポポ | 2006.01.28 at 04:37

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» 危険運転致死罪の会社員に懲役20年 [ミスターポポの「のほほん日記」]
「軽い!」 飲酒運転で生徒の列に突っ込み、 危険運転致死傷罪に問われた佐藤被告に懲役20年が言い渡された。 判決は軽すぎる!!!! 飲酒運転がどれだけ危険なのかという話は、言わなくても分かるハズだ。 お酒を飲んで、意識が朦朧としていたのかも知れないが、 仮に意識が無く起こした事故であっても、事故は事故である。 素直に受け入れて欲しい。 変な話だが、殺人罪で3人殺せば、ほぼ間違いなく「死刑」である。 �... [Read More]

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