This is the first case in Japan where a minor was sentenced to death.
On April 14, 1999, a brutal murder occurred in Hikari, Yamaguchi Prefecture, Japan. At that time, Mr. Hiroshi Honmura, who was 23 years old, returned home from get off work at around 7 o'clock in the evening and found that the door was unlocked.
After entering the house, his wife and 11-month-old daughter Xixia were nowhere to be seen. The house was in a mess, and Mr. Hiroshi Honmura, who was disturbed, began to look for his wife and daughter in a small house. Finally, in the cabinet where the quilt was stored, the half-naked and stiff body of his wife was found.
Mr. Hiroshi Honmura immediately called the police. After the police arrived, he found the body of Xixia, who was only 11 months old, wrapped in a plastic bag at the top of the storage cabinet.
(murderer Takayuki Fukuda )
On April 18, 1999, the police arrested a teenager who was just 20 years old at the time (Japanese law stipulated that he was 18 years old). According to the prisoner’s confession, he disguised as a worker checking the drainage pipe at around 2 pm on April 14 and entered the victim’s house by ringing the doorbell.
has only one purpose-to rape the victim. The boy pressed Yayoi Honmura under his body, but was fiercely resisted by the victim. The boy strangled the victim. After the victim Yayoi died of suffocation, the victim’s boy tied the victim’s hands with pre-prepared tape and taped the mouth and nose (to prevent the victim from waking up again). Of the victims committed corpse rape.
The 11-month-old baby Xixia kept crying beside her mother.The teenager threw the baby away, but the baby still struggled and cried, crawling to the dead mother's body.
The beastly teenager was afraid that the baby's cry would attract the attention of his neighbors and would ruin his good deeds, so he pulled the crying Yuxia away from his mother's body, and slammed the ground several times before using a rope. shoot.
Although the juvenile who committed the crime was under the age of twenty at the time, the crime was cruel and serious. The juvenile court of Yamaguchi Prefecture decided to transfer the whole eucalyptus to the Yamaguchi District Prosecutor's Office for trial. When the trial court was held for the first time, Mr. Hiroshi Honmura appeared in court holding the photo of his wife and daughter, but was stopped by the judge.
(Homura is holding the portrait of his wife and daughter ready to appear in court)
(mother who is considered to be killed by the judge) Juvenile psychology and emotions.
Yes, you are not mistaken, the judge at the time did say so. Because the photo of the victim will affect the psychology of the victim.
When the court was in session, the prisoner Takayuki Fukuda entered the court in slippers. The defense lawyer pushed his hand to indicate that Fukuda bowed in the direction of the victim’s family and said, “I’m so sorry, I have done something that cannot be forgiven. ."
The sentence "I'm sorry" became a reference for the judge to determine that the prisoner "has already repented."
killed two people, as long as they show "I'm sorry" afterwards, it means repentance, and then they can be forgiven.
Mr. Hiroshi Honmura repeatedly protested with the judge, and finally, the judge allowed him to bring in his remains, provided that the photograph must be covered with a black cloth. The verdict at the first instance was: life imprisonment. Similar to Taiwan, Japan does not have a real life sentence. Especially at that time, the juveniles were protected by the juvenile law, and they could be released from prison for at most seven or eight years (if they performed well).
The defense attorney of the defendant at the time actually gave a "victory" gesture to the victim's family members in the auditorium when the judge gave a sentence of life imprisonment.
Mr. Hiroshi Honmura held a press conference after the verdict. He said this: "I am desperate for justice. It turns out that justice protects the rights of the offender, and the justice focuses on the human rights of the victim. The human rights of the victim. Where? Where are the rights and interests of the families of the victims!? If the judicial decision is like this, it is better to release the prisoner now, and I will kill him myself!”
After the press conference, Mr. Honmura left. Entered the prosecutor’s office of the natal eucalyptus. The prosecutor Mr. Yoshida wears silver-rimmed glasses and has a calm and restrained personality.
Mr. Yoshida, who usually gives people a cool feeling, suddenly said his thoughts to Mr. Honmura in an angry and trembling voice. This sudden move made Mr. Honmura hold his breath.
Yoshida’s prosecutor said: “I also have a young daughter myself. I can’t imagine anyone can be so cruel that I can grab a baby who can’t walk but desperately crawling to the mother’s side, grab it and hit it on the ground. Cruel killing. If the justice can't severely punish such a person, what else will the justice do? I definitely don't agree with such a trial result!! Once you succumb to such a trial result, the case will become a judge in the future. The benchmark of the case. I absolutely don’t allow it! Even if my boss disagrees, I have to sue to the end. Even if I fail a hundred times, I have to try the 101st. Mr. Honmura, let us work together to promote judicial reform. Let’s fight!"
Yoshida’s prosecutor’s words,For the first time, the word "mission" came to Mr. Honmura's mind.
In order to prevent the precious lives of his wife and daughter from being sacrificed in vain, Mr. Honmura decided that he would take up the mission of changing justice in the future.
After walking out of the Yoshida prosecutor’s office, Hiroshi Honmura took the plane from Ube Airport to the Tokyo Haneda Airport to participate in the live performance of the popular Japanese radio Asahi news program "Niュースステーショ."
Since the word "mission" came to mind, Hiroshi Honmura has decided to express his views to the general public through television media, so that the public can better understand the mood of the victims of crime and the justice of the victims. The unequal treatment received before.
At 10:30 in the evening, Mr. Honmura appeared on time on the "Nimexus" program.
The expression on his face is no longer the excitement of the press conference at noon. Perhaps he has realized his "mission", so he calmly and objectively appeals to the national audience.
He said: "In the current Criminal Procedure Law , as far as I know, there is nothing about the rights of the families of the victims. Not only do they have no rights, but also the families of the victims. What can be done is not mentioned at all. The status quo is like this:'The state monopolizes the right of punishment, and the strong state (government) judges the defendant (the people) who is in a weak position. ), there are many laws and regulations to protect the rights of the defendant (the people). However, in such a system, the victims and their family members are completely screened out.'So, today I brought my wife and daughter's death photos to court, but it was also prevented."
Honmura’s demands,A positive response was quickly received. The prime minister at the time, Keizo Obuchi, responded to a reporter’s question and said: “The law is obviously not enough to provide relief and protection to innocent victims. As politicians, we cannot ignore Mr. Honmura’s situation and demands!”
11 days after responding, Prime Minister Obuchi rushed to the hospital due to a cerebral infarction, and unfortunately passed away on May 14. However, two days before his death, the "Crime Victims Protection Law", "Correction of Criminal Procedure Law", and "Correction of the Prosecution Review Committee Law" passed all three bills in Congress.
Victims of crime and their family members who could only listen in the gallery can present their opinions in court in the future.
The voice of criminal victims like Mr. Honmura began to be taken seriously by the judicial system.
The prosecutor refused to accept the trial of life imprisonment in the first instance and decided to continue the case against the Hiroshima High Court (court).
On March 14, 2002, the Hiroshima High Court rejected the prosecutor’s complaint against the defendant for capital punishment.
reason is: "The prisoner had just turned 18 years old at that time, and his thoughts were immature. Considering that the defendant has unlimited possibilities in the future. In the future, it cannot be concluded that the prisoner has no chance of resurrection, so the prosecution's death sentence was rejected.
Although the second instance was rejected by the court again, the prosecutor was still indomitable and decided to continue to appeal the Supreme Court (court).
The prosecutor learned that the defendant had sent several letters to friends outside while in prison. As a result, the door-to-door inspections finally visited the recipient of the mail, and obtained the consent of the recipient (the defendant's friend) to obtain the letter written by the defendant himself.
Regarding the rape and murder he committed,Defendant Takayuki Fukuda wrote: "It's just a male dog walking on the road and he happened to meet a cute bitch, and the male dog naturally rode on... Is this also guilty!?"
Defendant Because of the legal protection of Fukuda Xiaoxing, the state is obliged to provide lawyers to defend him, and the state shall pay for all the expenses.
It is particularly worth mentioning that the defense lawyers of the Futian defendants this time were not provided by the state, but were volunteered by private lawyers. When the case was appealed to the Supreme Court, the defendant Fukuda's defense lawyers increased from two (voluntarily) to 21. The scale is so large that it can be called the defense lawyers of the century.
(Lawyer team defending Takayuki Fukuda)
These defense team lawyers are the so-called human rights advocates, whose greatest mission and mission is to abolish the death penalty.
At this point, it was originally a pure murder trial, but this group of human rights lawyers who were in favor of abolishing the death penalty was used as a stage for performance and began their shameful and shameful performances.
During the first and second trials, the defendant Fukuda did not deny or argue about the process of the crime and the intention to kill the victim. But when the Supreme Court opened a public trial, the defense lawyers of the Futian defendants changed from two to 21 defense lawyers, and suddenly denied the previous confession completely.
The chief lawyer of the defense team Yasuda Yoshihiro pointed out that when he met the defendant, the defendant declared to him that he had no intention of killing the victims Yayoi Motomura and Yuka Motomura at that time. The reason why it was not raised at the first or second instance was because the defendant’s proposition at the time was not adopted.
The Century Defense Group made the following claims:
"The defendant Fukuda’s mother committed suicide.Because the defendant longed for maternal love and the desire to be hugged by his mother was too strong, he couldn't help holding the victim tightly when he saw the victim, and finally regretted that the victim died. The defendant did not invade the home for the purpose of rape, but wanted to obtain the lost maternal love.
As for the victim’s corpse rape of the victim after his death, the lawyers of the Century Defense Group defended it like this:
"Because the defendant Fukuda believes that as long as the sperm is sent into the victim’s body, the victim Will come back to life. Therefore, the sexual behavior of the body after death is not to insult the body, but a ritual to bring the dead back to life. As for using a rope to kill the little sister Xixia, it is not intent to kill. Because Sister Xixia kept crying, Defendant Fukuda wanted Sister Xixia to stop crying, so she tied a bow around her neck.
The lawyers of the Century Defense Group concluded:
"The defendant did not deliberately rape and kill, but caused injury to death. The prosecutor wanted the defendant to be sentenced to death, so he portrayed the defendant into a heinous image."
Fortunately, the prosecutor provided evidence from the letter sent by the defendant Futian to a friend. Compare the judges of the first instance and the second instance of " The defendant still has unlimited possibilities in the future and the defendant has repented.” The content of the letter sent by the defendant Fukuda is undoubtedly a big irony.
On April 22, 2008, the judge gave the defendant’s opinion The defense was totally denied and the defendant Fukuda was sentenced to death for a serious act. Nine years have passed since the murder occurred.
At the press conference after the death sentence was pronounced, Mr. Honmura did not have any joy of "victory".
was sentenced to life imprisonment in 2002, Mr. Honmura once said:
"The meaning of the death penalty is to make a criminal who committed a homicide face honestly what he committed. Mistakes, reflect on your own evil deeds from the heart, and are determined to use the rest of your life to redeem sins and make meaningful contributions to society. A bad guy who was originally heinous may eventually be reborn and become a sincere and hardworking good man. However, the country and society are. To take the life of this reborn "good man". Very cruel, cruel, isn't it? Yes! It is indeed cruel to take the precious lives of others ruthlessly. Relatively, criminals at this time I will truly realize that the lives of those who are brutally murdered by myself are so priceless. The meaning of the death penalty is not a means of revenge, but a way for prisoners to face their evil deeds honestly."
Mr. Honmura's proposal seven years ago was actually fulfilled in Fukuda. During the first and second trials, Futian himself knew very well that he could be released on parole after about seven or eight years.
's letters to friends are full of insults to victims and their families, and there are also parts of contempt of justice.
He wrote: "This world is finally won by the wicked~ Seven or eight years later, when I get out of prison, you will hold a grand party to welcome me~"
You have no way to feel The prisoner's remorse.
However, after being sentenced to death, Defendant Fukuda finally realized the seriousness of the crime he had committed and began to write to the bereaved to express his repentance.
Unfortunately, some people only have their lives threatenedOnly then will you understand the dignity and meaning of life.
Although Hiroshi Honmura did not have a large group of lawyers to help out, he did not fight alone. On April 22, 2008, the High Court opened a court session. 4,000 Japanese people gathered to cheer for the village. Fukuda was finally sentenced to death, but the whole case is still In the Supreme Court of Appeal. But Hiromoto Honmura said, "I will bring the verdict to the tomb to let my wife and daughter know." After being sentenced to death, Fukuda really thought about what he had done and began to write to the bereaved to express his repentance.
Netizens believe that some people only understand the dignity and meaning of life when their lives are threatened. "No relatives or friends are tortured and killed. You don't understand the pain! The society should have peace and respect the lives of others! Those who do not respect others are not entitled to talk about human rights! The law protects people, but people should not protect the perpetrators (source: Sohu) Net)."
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