【すすきの首切断】田村瑠奈被告の父修被告が控訴審で減刑に…元裁判官「異常な関係のなか、従わざるを得なかった事情も」瑠奈被告の精神鑑定は続く

Three years ago, a 62-year-old man was murdered and his head taken at a hotel in Susukino, Sapporo. The Sapporo High Court overturned the first-instance ruling and handed down a lighter sentence of one year in prison with a three-year suspension to Osamu Tamura (62), the father accused of assisting his daughter in the crime. The trial involved Osamu Tamura and Hiroko Tamura, who were indicted for "assisting" Tamura Runa in the crime. The first-instance ruling did not acknowledge aiding and abetting murder or other offenses. The prosecution appealed, claiming that all four charges were established, while the defense argued for complete acquittal. The second-instance ruling on the 27th resulted in a reduction in the sentence from the first instance. Kenta Uchida, a lawyer and former judge at the Sapporo District Court, explained the reason for the reduction... Attorney Uchida: I think the biggest factor is that the defendant was found not guilty of "aiding and abetting the abandonment of a corpse," despite being found guilty in the first instance. The reason is legal theory. The prosecutor's argument for assistance was that he basically allowed the body to be left at the house after it was brought home, and that any actions taken after it was brought home constituted aiding and abetting. In response, the appellate court ruling stated that, since moving the body is a crime, the act of abandoning the body ends the moment the body is brought home. Therefore, since no amount of assistance can be considered after the crime has been committed, aiding and abetting cannot be established, and the defendant was acquitted based on this reasoning. I believe that the elimination of one crime certainly had a significant impact on the sentence. Another thing I heard in the reasons for the verdict was that it pointed out that Osamu was in a subordinate position. Morally, there are arguments that he was a parent or a doctor, but legally, I believe the appellate court also considered the fact that he had no choice but to obey in this abnormal relationship as a circumstance that warranted a mitigated sentence. ◆What impact will this have on the appeal court ruling against Hiroko, the mother, who is charged with aiding and abetting the mutilation of a corpse and abandonment of a corpse? Uchida As expected, the reason the mother was found not guilty of aiding and abetting the abandonment of a corpse was due to the interpretation of the law. Legal interpretations generally don't change all the time depending on the case, so I think it's extremely likely that Hiroko will be found not guilty of aiding and abetting the abandonment of a corpse in her trial. I think the key point regarding aiding and abetting the mutilation of a corpse will be whether Hiroko, who was in a more subordinate position, will be found guilty of the crime. Hori Hirotomo The remaining defendant, Luna, is still undergoing a psychiatric evaluation, and there is no clear date for her first hearing.