テレクラ放火４人死亡事件、実行犯リーダーに無期懲役判決（2008年12月8日16時27分 読売新聞）
岡田信裁判長は「凶悪極まりない犯行で、罪責は重大だが、殺意は未必の故意にとどまる」として、無期懲役（求刑・死刑）を言い渡した。
判決によると、坂本被告は、別のテレホンクラブを経営していた中井嘉代子被告（６７）（１審判決・無期懲役、控訴中）の依頼を受け、実行犯の男３人（２人は無期懲役判決が確定、１人は殺人罪などで起訴）に、リンリンハウスの営業妨害を指示。００年３月２日朝、神戸駅前、元町両店に火炎瓶を投げ込ませた。
この放火行為は極めて危険性の高い行為だったと思います。
放火の指示を認める以上は、そもそも「未必の故意」の土俵に乗るのかどうかが疑問ですし、合計４人も殺害して未必の故意を理由に情状を酌量する感覚にも同意できません。
ちなみに、言いだしっぺの中井嘉代子被告人も死刑求刑に対して無期懲役の判決なんですが、その判決を言い渡した裁判長も同じ岡田信裁判官なんですね（産経ニュース）
一貫しているといえば一貫してますけどね。
有罪認定に自信が持てなかったので、または、その証拠から有罪と強弁するのがさすがに恥ずかしくなったので、良心の呵責から死刑を回避した可能性が考えられます。
そうであれば、本来、敢然と無罪を言い渡すのが筋であり正義であることは言うまでもないのですが、その当然のこと、法学部1回生にも常識であることができないあたりが、刑事司法の病巣の深さを示しています。
2000年３月に発生した事件の地裁判決が今出るなんて、裁判に時間がかかったのか、それとも捜査に時間がかかったのか……というのが、まず率直な疑問でしたが、
http://osaka.nikkansports.com/otn/p-ot-tp6-060211-0041.html
を見る限り、捜査に時間がかかったようですね。
被告人の逮捕は2006年２月みたいですから、事件発生から逮捕まで約６年かかっています。
この被告人が逃亡していたという事実はないようですから、捜査機関がこの被告人を「怪しい」とか「こいつが実行犯のリーダー格に違いない」などと思いつつも、逮捕するまでに証拠を集めるのに６年もかかったということだと思います。
判決が妥当か否かは知りませんが、証拠の貧しい部類に入る事件だったのではないかと想像してしまいますね。
犯情として、１人だけを確実に殺そうという確定的故意で流れ弾で数名を巻き添え死亡させた事案と、数人が死ぬかも知れないという未必の故意で数名を死亡させた事案とでは、どっちが悪いだろう？
私としましては、本件では、そういう主観面より客観的な行為の危険性を重視したいという考えです。
「火炎瓶を投げ込めば建物が火災になり、中にいる人間が焼死するかもしれない」くらい予想していれば、火炎瓶の投擲行為には十分確定的犯意（殺意）があったと判断しても良いと思うのですが・・・
本件のような事例であっても、「～なるかもしれない」と言ったら未必の故意になってしまうんでしょうかね。
確かに現住建造物（法文で人が現在する建造物を含むもの）への放火は、未必的殺人の故意が内在していると看做してよいくらい極めて危険なので、多数の人がいる（はずの）テレクラへの放火は多数焼死の危険が大ですね。
青森のサラ金で脅迫の手段としてガソリン巻いて火を放った事件を思い出しました。
犠牲者の方々に合掌。m(_ _)m 黙祷。
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The new Zune browser is surprisingly good, but not as good as the iPod's. It works well, but isn't as fast as Safari, and has a clunkier interface. If you occasionally plan on using the web browser that's not an issue, but if you're planning to browse the web alot from your PMP then the iPod's larger screen and better browser may be important.
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This is getting a bit more subjective, but I much prefer the Zune Marketplace. The interface is colorful, has more flair, and some cool features like 'Mixview' that let you quickly see related albums, songs, or other users related to what you're listening to. Clicking on one of those will center on that item, and another set of "neighbors" will come into view, allowing you to navigate around exploring by similar artists, songs, or users. Speaking of users, the Zune "Social" is also great fun, letting you find others with shared tastes and becoming friends with them. You then can listen to a playlist created based on an amalgamation of what all your friends are listening to, which is also enjoyable. Those concerned with privacy will be relieved to know you can prevent the public from seeing your personal listening habits if you so choose.
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Hands down, Apple's app store wins by a mile. It's a huge selection of all sorts of apps vs a rather sad selection of a handful for Zune. Microsoft has plans, especially in the realm of games, but I'm not sure I'd want to bet on the future if this aspect is important to you. The iPod is a much better choice in that case.
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The Zune concentrates on being a Portable Media Player. Not a web browser. Not a game machine. Maybe in the future it'll do even better in those areas, but for now it's a fantastic way to organize and listen to your music and videos, and is without peer in that regard. The iPod's strengths are its web browsing and apps. If those sound more compelling, perhaps it is your best choice.
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Apple now has Rhapsody as an app, which is a great start, but it is currently hampered by the inability to store locally on your iPod, and has a dismal 64kbps bit rate. If this changes, then it will somewhat negate this advantage for the Zune, but the 10 songs per month will still be a big plus in Zune Pass' favor.
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Between me and my husband we've owned more MP3 players over the years than I can count, including Sansas, iRivers, iPods (classic & touch), the Ibiza Rhapsody, etc. But, the last few years I've settled down to one line of players. Why? Because I was happy to discover how well-designed and fun to use the underappreciated (and widely mocked) Zunes are.
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Apple now has Rhapsody as an app, which is a great start, but it is currently hampered by the inability to store locally on your iPod, and has a dismal 64kbps bit rate. If this changes, then it will somewhat negate this advantage for the Zune, but the 10 songs per month will still be a big plus in Zune Pass' favor.
I'll gear this review to 2 types of people: current Zune owners who are considering an upgrade, and people trying to decide between a Zune and an iPod. (There are other players worth considering out there, like the Sony Walkman X, but I hope this gives you enough info to make an informed decision of the Zune vs players other than the iPod line as well.)
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The new Zune browser is surprisingly good, but not as good as the iPod's. It works well, but isn't as fast as Safari, and has a clunkier interface. If you occasionally plan on using the web browser that's not an issue, but if you're planning to browse the web alot from your PMP then the iPod's larger screen and better browser may be important.
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Zune and iPod: Most people compare the Zune to the Touch, but after seeing how slim and surprisingly small and light it is, I consider it to be a rather unique hybrid that combines qualities of both the Touch and the Nano. It's very colorful and lovely OLED screen is slightly smaller than the touch screen, but the player itself feels quite a bit smaller and lighter. It weighs about 2/3 as much, and is noticeably smaller in width and height, while being just a hair thicker.
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I'll gear this review to 2 types of people: current Zune owners who are considering an upgrade, and people trying to decide between a Zune and an iPod. (There are other players worth considering out there, like the Sony Walkman X, but I hope this gives you enough info to make an informed decision of the Zune vs players other than the iPod line as well.)
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