Chapter 28 idea of ​​crime

Summer goes and autumn comes.One night, Officer Sakurada came to the dormitory of Nobuji Kuwayama. At night, it is very hot in the house without opening the windows.On the table in front of them were several copies of the transcripts of the public trial of Masaichi Okano's murder case.Among them are the investigation records of the police department.First-instance trial transcripts, prosecutor investigation transcripts, witness transcripts, argument summaries, debate points, public trial transcripts, statement of reasons for judgment, as well as the defendant's appeal and statement of purpose for submission of the second instance, etc.

The statement of appeal is a simple and clear appeal letter, in which the factual finding of the original judgment is concise and concise, and the reasons for his objection are succinct, and the second-instance court judges whether the factual finding of the first instance should be based on this.Therefore, the second instance is a trial of facts.In principle, the materials of the second instance are the facts shown by the evidence seized by the original court. Therefore, the appeal letter must have convincing reasons.The appellate court (second instance) may investigate the matters stated in the statement of appeal, and also has the power to investigate matters not stated.As a result of the investigation, "if it is determined that it is obviously unjust not to revoke the original judgment" (Article 397, Paragraph 2 of the Criminal Procedure Law), the original judgment may be revoked.This is the law of criminal procedure.

The statement of appeal submitted by Masaichi Okano and his defender completely overruled the first-instance judgment on the grounds that the fact finding was wrong.On May 29, Masaichi Okano entered the room of Sachiko Tsukimura at 8:00 pm.When he returned, he went down the stairs, called Michio Sayama's beauty salon with a public phone, and asked Sayama to answer the phone. He confessed, but he completely denied the crime.This kind of thing is common in the trial of homicide cases, but each case is different. Sangshan waved the round fan leisurely.Sakurada vigorously fanned the fan in his hand.Sangshan's wife brought beer and retreated to the inner room.

"The first-instance prosecutors firmly grasped the contradiction in the behavior of the defendant Okano at the time of the incident. Okano's wife and his friends all testified that Okano's mood was abnormal, and prosecutor Kokubo took full advantage of this. The prosecutor's argument is that, The defendant was not distressed because he could not finish the poster of Airline A on time, but because the wedding date of Jicun Xingyu who lived with him was approaching, he was extremely jealous and distressed, and his spirit was extremely weak, so he lost his reason and ran to Xingyu's place on impulse. Committing the crime. The defendant confessed that he did not call the police after the crime, but had to confess his crime to Zhushan. This unnatural behavior itself reflects that the defendant was mentally disturbed due to excessive excitement after committing the crime." Yingshan said.

"yes. Qin Shan saw that the prosecutor's argument was: "The contradictions in the defendant's confession reflect the defendant's selfishness, panic, excitement, and poor memory. They are a psychological phenomenon of the defendant's crime. This contradiction just shows the authenticity of the defendant's crime. Therefore, the contradiction in the defendant's confession , The amendment is a trivial matter, and discussing the arbitrariness and authenticity of the confession from this point can only be an excuse for lay critics." To this, the defense objected:

"The prosecutor's argument is that the contradictions in the defendant's confession are all caused by the defendant's panic, excitement and criminal consciousness, so they think that although there are contradictions in the confession, 'as long as it is in the outline; it is generally consistent and there is no hindrance'. Experts seem to have no problem with this The point of view is readily accepted, but it seems that they are not interested in how the self-confession comes out. However, it is the contradictions and revisions in the self-confession, which show the denial of the authenticity of the self-confession by exposing the contradictions that have nothing to do with the direct crime.”

Okano Masaichi once surrendered himself to the police station.The appeal says: "For the first time in my life, I was put into the detention center of the police station. The round-the-clock interrogation made me physically and mentally exhausted, and I was almost going crazy. The police advised me, you just confess. Persevering in the police station will only delay the trial, and the trial will go to the end. The judge judges whether he is guilty or not, and you must strive for an early trial. I really want to go home and continue working as soon as possible, so I temporarily made a false confession. I am imprisoned every day, and I really want to paint in my heart. I am so hungry. I am a little famous, and I very much hope to be free as soon as possible and continue to study my own business. Without me at home, I have no income, and my wife can’t live. I want to go out as soon as possible, help my wife, and make my wife happy who believes in my innocence. In this mood, I believed the words of the police, and it was my fault."

"It's not good to turn yourself in." Sakurada said. "Well, it's not good." Sang Shan replied. At this moment, Sangshan remembered an article by a jurist he had read before. "With a surrender, there is a powerful, suggestive influence on the judge, witnesses, experts, and others connected with the case. If there has been a surrender, all the circumstances admitted by the accused in relation to the case may change his position. A With surrender, all situations will be sorted and classified according to surrender. This tendency will produce a powerful force, and all situations admitted will be changed according to a certain understanding, and then that understanding will be far-fetched and the facts will be distorted. , is applied to that understanding.” (Eigo Aoki’s Empirical Research on the Identification of Facts)

"The first-instance prosecutor and the lawyer seem to have misunderstood the facts about the defendant's contradictions before and after committing the crime." Sangshan said as he filled Sakurada with beer. "Oh, what do you think?" "The fault was in the defendant's excitement. The lawyer's defense only refuted what the prosecutor said was jealousy and hatred for the victim. At this point, it seems that Okano's strong desire to work again was shown in his confession and appeal. Wishes are not fully understood." "You're saying that Okano made a false confession just so he could go to work sooner, don't you?"

"Yes. Okano himself said that he really wanted to go out and paint as soon as possible. He really wanted to paint. He is not an outstanding painter, nor is he an art painter, but a pattern designer. However, whether he is an artist, As a propagandist artist, the urge to paint is the same.” Kuangshan brought the glass to his mouth and continued, “This kind of mood made Okano not report the body of Sachiko Tsukimura to the police. He said that if the report The police, as the discoverer, will be subject to various interrogations, which will delay time, and the posters will not be completed on schedule. In particular, due to the communication with the fellow technical village Sachiko, his situation is delicate, and he is likely to be aware of suspicion by the police, and he is also It exists. If suspected, the police interrogation will take longer, and the painting will not be completed. He only thinks about this. The painting that must be completed cannot be completed. This kind of mood forms a compulsory concept, firmly tied to the In Okano's head."

"Compulsive concept?" Ren Sanduofu took the business of Airline A, a first-class company, to Okano.For Okano, this is the ladder to fame.He was very grateful and felt that if he could succeed this time, he could become a first-class pattern designer in one fell swoop.He said so.He was excited and nervous.Because I was too nervous, I couldn't draw it. " "That's pretty clear." "From the testimony of Okano's wife, it can be known that he was upset and had abnormal emotions. This is not an ordinary painting, but a promotional material for the company, so the other party set a deadline. The deadline is very tight. Driven by the deadline, Okano gradually fell into a state of neurasthenia." "That's pretty clear too." "Okano drew a poster and showed it to Oyama. The other party was not satisfied, so he drew another one. He said, Sayama showed the poster to Airline A, but the other party was not satisfied, so he wanted to draw another one. Delayed for a few days. Therefore, Okano made a final effort in an exhausted mental state. This is incomprehensible to ordinary painters, because it is different from the decorative paintings in the living room. Promotional materials are the shells of enterprises. Said that the deadline is very important, as important as the publicity effect of the poster. It is not acceptable to be arbitrary when you want to finish it. A painter with an artist's demeanor can say that he is not satisfied! But a pattern designer has a The difficulty of understanding." "yes!" "As I said earlier, Okano believed that this work was a ladder to his own fame, so he devoted himself to it. A pattern designer who has had his unfortunate experience may regard that work as a thread from the sky. , Whatever you say, you have to grasp it. This kind of restlessness and distress has disturbed Okano's mental state even more." "Isn't that the reason for the conflict in Okano's actions?" "I think so... And, I think it's very important. If Okano was just an obscure pattern designer like he was in the past, he wouldn't have such ambitions, and he would say that he is not up to the heavy work However, Okano gained some fame as a promising rookie designer, he was reported in weekly magazines and introduced in magazines, so Okano became eager and ambitious. " Sakurada stared at Kuwayama's face. "Have you finished your preparations?" "Yes, artificially created an environment and situation where Okano has ambitions." "A Sandorf?" "It's Hiyama." Kuwayama looked into Sakurada's eyes and said, "Right? Koyama said it was out of friendship and wanted to make Okano famous. For this reason, he tried to get the media to report Okano. Eki Sachiko also assisted He asked Fukuji Fujiko, the editor of the weekly magazine, to praise Okano. However, he has no works. Usually the newspapers promote unnamed rookies, and they always attract attention with their masterpieces. But Okano-has nothing. No works, just simply tout Okano Nomasa. Those are all fabricated by Sayama's relationship with the reporter. It can be said that Okano's fame is empty. It is not difficult to see that these are all aroused Okano's desires, making him abnormal and insane A means of confusion." "It makes sense!" Sakurada poked his head. "If you want to transfer the crime of killing Sachiko Tsukimura to another person, an important factor is to make that person have abnormal emotions and behave surlyly, so that a third party will think him suspicious. Inconsistent behavior and self-confession will make People think it is the proper behavior of a criminal. In order to cause this situation, he has made such preparations for Okano Masaichi a long time ago. Isn't it like this?" Sangshan's wife came in softly, put a plate of cold snacks between the two of them, and left. "We assume that the murderer who killed Sachiko Edamura was Michio Sayama, and analyze the possibility of his committing the crime. Regardless of the motive and reason for the time being, we only study the crime." Sangshan said. "it is good!" Sakurada moved his butt. "How far is the beauty salon in Sayama from Sachiko Jimura's apartment?" "Aoyama X Chome XX and Yotsuya Shinano Ding X Chome XX are less than two kilometers away based on the shortest road. If you drive and wait for the red light at the intersection, you can get there in 15 minutes." "30 minutes round trip?" "However, I heard from an employee of an antique shop opposite the beauty salon that Sayama's car has been parked in the garage since evening. The employee looked at the beauty salon through the glass window and sat in the shop until 9:30 in the evening. .” "Has Sayama ever been out?" "It is said that he was not seen going out. Until the clerk got off work, the window on the west side of the second floor was on. That window was Sayama's room, a suite, and he lived there." "If Sayama goes out the back door, won't the antique shop employees in front be invisible?" "Yes, the back door of the beauty salon is the kitchen door. Salesmen come in and out from there. Behind it is a secluded alley parallel to the front street. There are few pedestrians. Walk eastward for 20 meters from there, and you can turn onto the street. There It's a long way from the shops and houses in front of the salon." "Not bad. Are there many people on the street?" "Where is the first-class area of ​​Qingshan, there are many people and vehicles, and there are many young people swaggering on the street." "In that case, Zhushan will go alone and no one will know, and no one will pay attention. He can call a taxi at the appropriate place." "When was that?" "Divide between two points and 30 points." "At what time, there are still a few employees in the beauty salon who are not off work..." "I'll study this later and find out Sayama's actions first. It took him 15 minutes to get to the apartment in Shinano by taxi. Maybe he didn't let the taxi drive all the way to the door of the apartment, but after a while Stop far away, walk to the apartment from there, and then take the elevator." "Take the elevator?" "It's safe to take the elevator. Did you know that a secret club was recently established on the fourth floor of that apartment building, and there are a lot of people from outside. People from outside have to take the elevator, so if they live in the mountains and mix inside, they will think that he has the same purpose as their own." He is an outsider who doesn’t pay attention to him. Even if he feels suspicious afterwards, he will not come forward to testify, so as not to make the club’s affairs public.” "That's right, there are also residents of the apartment on the elevator, right? Sayama often goes to Sachiko's place, and it's likely that none of the residents know him." "Have you read the investigation records of the police station? Has anyone proved that they encountered Past Mountain in the elevator?" "No." "Wai Shan may be wearing a hat or sunglasses. A person's appearance will change if he dresses up a little. No one among the residents has spoken directly to Xiang Shan. Therefore, he only needs to put on a little makeup. Wear a pair of sunglasses. To that People who go to the club may also wear sunglasses in order to avoid people's eyes. That is to say, people with different purposes and very secretive behaviors happen to ride the same elevator, and this coincidence makes each of them inconspicuous." "Well, quite possibly. Then?" "Sayama took the elevator up to the fourth floor and turned right. Those who went to the secret club turned left. When he saw that there was no one in the passage, he knocked on the door lightly. Sachiko opened the door and let him in." "Were the lights off then?" "Russia is closed." "The resident of the next room is the lady of the bar proprietress surnamed Ono. She said that when she passed by Sachiko's door at around 7:10, there was no light in the room. But why didn't Sachiko Tsukimura turn on the light and take Suishan to the house?" What about here? Even though we are lovers, it's a bit unnatural." "It's really unnatural. They've already been engaged, so there's no need to be so sneaky. So I think it's a prior agreement between the two of you not to turn on the lights in the room." "A good deal?" "Fortunately, I called Okano at 6:30, and agreed that Masaichi Okano would come to Sachiko's room around 8:00. Okano answered the call at the manager's room on the first floor of the apartment. It was not a fraudulent call, Okano could hear Sachiko The voice, no mistake, is her own voice." "Why did Sachiko ask Okano to go to her room at 8 o'clock?" "I think Sayama ordered Sachiko to come at 8 o'clock without turning on the lights in the room. It must have been the call to tell her that day, because Xiangshan did not meet Sachiko that day. If it was before It was agreed, but the time was too long, so the call from Sayama to Sachiko was probably around 4 or 5 o'clock before Sachiko called Okano." "The plan is that Sayama will enter the room with no lights on first, and then Okano will go there. So, what was the original intention?" Sakurada didn't seem to understand yet. "The reason why she didn't turn on the light was because Sayama didn't want the neighbors to know that she was in Sachiko's room before Okano came. Of course, although the curtains are closed, because they are thin curtains for summer, the light in the room can shine through. A figure is reflected through the curtains. In normal times, it doesn’t matter if he is seen in the room, but he will kill someone soon, so the lights must be turned off.” z Clear the truth.However, Muyama told her not to turn on the lights, and she asked Okano to come around 8 o'clock in 04, didn't Sachiko feel suspicious of his words? " "Shuyama will make up a clever reason. For example, sitting in a dark room with her, let Okano come in to scare him; or turn on the light before Okano arrives, etc. Dark room It’s a bit romantic for a lover, so I gladly followed his instructions. I thought of a similar plot in a case I accepted before, so I analyzed it like this.” Kuwayama was talking about a case that was accepted when he was the first prosecutor at the Shizuoka District Public Prosecutor's Office.In the countryside near Shizuoka, a young man had an affair with a widow. They started a secret tryst, and gradually became daring, so that the widow openly turned on a lamp to attract the young man's Eight Treasures.However, once the tryst location was transferred to the warehouse behind the woman's home.There were no lights, and the room was pitch black.The man is not very happy, but the woman insists on going, saying that it is more interesting in a dark place.Later, when it came to marriage, the young man strangled the woman to death.The rural youth later recounted that if he hadn’t met in that dark place, perhaps there would have been no murderous intent—— "Ah, I understand Sachiko's mood of waiting in the house with the lights turned off according to Sayama's instructions, and there is no doubt about it." Sakurada said a little embarrassed. "Sayama talked with Sachiko, and judging from the situation at the scene, he was sitting on the couch next to the corpse. Although the lights were not turned on, the light in the corridor passed through the curtains, blurring the room, and the figure could be seen clearly. When Sachiko was not paying attention, Sayama showed his love by putting his arms around her shoulders or holding her face in both hands, and wrapped the prepared silk scarf around her neck suddenly, in order to keep her from making a sound, Putting the handkerchief into her mouth again. She was in his arms the whole time, so it was done in an instant." "Wait a minute, you said that Suiyama prepared Sachiko's scarf in advance, isn't Samoto in her closet?" "Yeah, Xiangshan made an excuse to take the scarf in her hand when she stood up... Sayama knew that her scarf was hanging in the closet, he knew everything; but, Okano who just came as a guest But I don’t know that the scarf must be in the closet. Whenever a criminal uses something from the victim’s house as a murder weapon in a planned way, he must be familiar with the location of the item; otherwise, the criminal will bring the murder weapon himself.” "Okano came to Sachiko with his bare hands, so he's not the murderer, is he?" Sakurada asked. "Yes. Okano said in his self-confession at the police station, 'I often saw Sachiko take out the scarf from the closet, so I thought I could strangle her to death with it.' This was withdrawn under the coercion of the police Lie. Women usually take out the scarves from the closet when they are about to go out, but looking at the front and rear parts of Okano’s self-confession, he has never gone out with her from her room. Even if they meet outside, it is also in advance It was an appointment. In addition, the confession did not mention that the two of them came back from outside together. Therefore, he never saw Sachiko take out the scarf from the closet. From Okano's point of view, it is impossible for him to be with her at ordinary times. Walking back and forth in her room, casually opening her closet to look at the things inside, the only one who can usually do this is Wei Shan.” "So, there should be fingerprints left by Sayama on the door of Iori's door before committing the crime. "The on-site inspection report in the investigative report stated that there were no new or old fingerprints of Sayama on the closet, but his fingerprints were on the doorknob, the wall by the door, the chair and the table. The ones on the closet were only Masaichi Okano's. New fingerprints." "That is to say, after Sayama wiped off all his own fingerprints, Okano's fingerprints were attached again, right?" "I think so. Other places, such as the bedroom walls, the bedside, the bedside table, and the cupboard and the tableware in the cupboard have Sayama's fingerprints, which proves it. There are also some that he wiped off and can't be checked. There are his old fingerprints on the wall farther from the scene, but not on the place closer to the murder scene, which means that when Sayama wiped the new fingerprints, he also wiped off the old fingerprints." "His fingerprints were wiped off, but there are new fingerprints of Masaichi Okano." "There are only new fingerprints of Okano, no old fingerprints. Okano often visits as guests, so there should be old fingerprints on the table or table he often sits on, but none of these things shows that Sayama is in those places When I checked my own fingerprints, I also wiped off Okano's old fingerprints." "yes. "On the contrary, in Sachiko's bedroom, there are no old fingerprints of Okano, only Uizama's. From this, it can be seen that Okano and Sachiko are innocent. ... Okano has some thoughts about Sachiko, but It's not to the point where I'm jealous and want to kill Sachiko because the wedding is approaching. If there is such a murderous intention, the relationship should be deeper. Regarding this point, I think Okano's retracted confession and his appeal are true of." Sakurada nodded repeatedly. "Xing Yu killed Xiangshan and fled. Later, according to the plan, Okano did an interview. The lights in the house were on at that time, and the door was not locked." "It's a spring lock. Once it's closed, it locks automatically. It can only be opened from the inside. Sachiko is dead, and no one can open it from the inside. If the door is locked, Okano will have to go back when he gets to door Q, so he won't be allowed in." The house turned him into a 'murderer', so when he went out to the mountain, he didn't tighten it, leaving a little gap, and Okano, who came later, could push open the door and go into the house." "Is the light on?" "If the lights were turned off, Okano wouldn't dare to enter the house rashly. Muzan knew Okano's character well. So, Muzan turned on the light switch and left the room. I didn't forget to wipe off the fingerprints on the switch." "So Okano went into the house and found the body, leaving his new fingerprints everywhere." "Yes, yes, that's it." "Did Okano escape from the house with the lights on?" "There's no need to turn it off, the light stays on until the next morning. Of course, the bar proprietress who lives next door passed Sachiko's door at around 12:30 at night, and the light was on, so she said in her testimony, 'At that time By the lights in the houses of the village'." "How did Sayama escape after committing the crime?" "Let's take the elevator, the same as when we came here." "You said that there were people from the secret club in the elevator when you came here. For their own purposes, none of them paid attention to each other. Is it the same in the elevator when you go back?" "These are not clear, but as I said earlier, Sayama may be wearing a hat and sunglasses, with makeup on. If this is the case, even if the people in the apartment meet him in the elevator, they will think he is a guest of the secret club I think that's why no one in the apartment saw him." There was the sound of a car outside, which stopped nearby.Seems like it's hard to get home. Sakurada turned his ears sideways, as if he was listening to the sound of a car, and when he raised his face, he said: "When Sayama returned to Aoyama Beauty Salon, he also took a taxi, right?" "He didn't take the car in front of the apartment, he called a car after walking for a while, and got off near the intersection of Qingshan. It was a place with a lot of pedestrians. He walked along the alley where he came, and slipped into the beauty salon It takes 15 minutes to take a taxi, 5 minutes to walk, and 20 minutes to return to your room.” "In this way, let's say Sayama leaves the beauty salon at 7:20, and it takes 40 minutes to go back and forth, plus 10 minutes to take the elevator and wait for a taxi, and it will take about 50 minutes in total. Then, he will return to his room at 8:10 Or around 15 minutes." "right" "Conversely, the crime time is between 7:40 and 50 minutes..." "Because Okano is coming soon, the crime must be completed as soon as possible." "Sayama went back to his room, where Fukuji Fujiko has been waiting." "She was the one who proved that Sayama was not there. She visited Sumiyama around 6:30 and talked about 9 o'clock in the room, so she proved that Sayama didn't go anywhere." "Has the court accepted her testimony?" "Not only was it adopted, but Michio Sayama was completely outside the circle of suspicion. Sayama was not a suspect from the beginning, and the suspicion was concentrated on Okano Shoichi." "Yes,...but," Sakurada was puzzled, "the female member of the Beauty Center also testified." He opened his notebook as he spoke. "Ah, here it is, this is the certificate of Otomo Yukiko.' I went to the teacher's room after tidying up the room around 8 o'clock. I heard the voice of a female guest in the room, and left without saying hello. Finally Those who left had to say good night to the teacher before leaving." Another female member, Sone Mansuko, testified: "I went back with Otomo, and Otomo went to the teacher's room, and I waited for her downstairs. "' After reading the testimony, Sakurada said to Qin Shan: "From the testimonials, around 8 o'clock, Sayama was talking to Fukuji Fujiko in the house. Then, could it be that Sayama returned to his own room after committing crimes in Sachiko's room before 8 o'clock?" "Next, it is absolutely impossible to return to the mountain before 8 o'clock, because the time we calculate is very tight." "Then, what's the matter with the voice in the Sayama house heard by the female employee Dafa Yukiko?" "I've thought about this a lot. What Yukiko Otomo heard was the voice of a female customer. It was a woman talking. Since she was talking, there was someone else, and it goes without saying that the other party was Teacher Sayama. That is to say, Yukiko Otomo was just Hearing Fukuji Fujiko's voice, I imagined that Toyama was in the house." "So; is Fukuji Fujiko talking alone?" "Yes, Fujiko Fukuchi expected that the last female employee who got off work would come to say hello to Zhushan. Didn't come back." "What if Otomo Yukiko, who came to say hello, pushes away to look inside? Sayama is not there, only Fujiko Fukuji herself." "She probably didn't think there would be such a thing. When talking to a female customer, most people would not rush in. In addition, if a female employee knocks on the door, Fujiko Fukuchi can stick out her head and pretend to answer for Sayama. The teacher said You can go back. Fukuji Fujiko may have such preparations." "Since Fukuji Fujiko proved that he was not there, Fukuyama was freed from suspicion." "Originally, Muyama was outside the circle of suspicion. Because the suspicion was focused on Okano Masaichi, the authorities only focused on studying how to strip him of his disguise. Due to the testimony that Fukuji Fujiko was not at the scene, Muyama Michio is in a safe zone." "Sayama subdued her to make Fukuji Fujiko testify like that. That woman seems to be obsessed with Sayama now. That ugly woman who is neither male nor female... Prosecutor, why not arrest her for perjury, she spit To tell the truth, Sayama's fox tail is definitely exposed." "No, now is not the time." Sangshan replied immediately.