女児死亡前夜、ベランダに閉め出して母と内縁夫らは外食（2009年4月27日14時31分 読売新聞）
捜査関係者によると、長男の説明では、聖香さんは４月に入って死亡するまでの数日間ずっと、ベランダに出されたままで、夜もベランダで寝ていた。トイレにも行けず、衰弱のためか、横になったり起きあがったりを繰り返していた、という。一方、小林容疑者の供述では、５日夜、長男と、聖香さんの母親の松本美奈容疑者（３４）、知人の杉本充弘容疑者（４１）と４人で、大阪市淀川区の居酒屋で食事をしたという。府警は、その後、小林容疑者らがカラオケ店に行き、さらに、焼き肉店へ移動して飲食したことを確認している。
母親らが好き放題飽食をしている間に、ベランダで一人緩慢な死を迎えなければならなかった聖香さんを思うと、言葉にならない憤りと言うか、鬼畜の所業に憎悪すら感じるのは私一人ではないと思います。
しかし、この事件は裁判員制度で裁かれる可能性が高いです。
母親らは、４月２３日に死体遺棄容疑で逮捕されて、現在勾留中のようです。
今後の見通しとしては、殺人罪での立件は困難と思われますが、少なくとも保護責任者遺棄致死罪での起訴は必至だろうと思います。
保護責任者遺棄致死罪の法定刑は３年以上２０年以下の懲役であり、その起訴は裁判員制度の施行日の５月２１日以降であることが予想されますので、裁判員制度の対象事件になりそうです。
とすると、弁護士的には、このような報道の裁判員に対する影響が懸念されるところではあります。
しかし、その一方で、私の中の父親（ないし、近い将来になる可能性のある祖父）としての気持ちの中には、この報道が正しいなら法定刑の上限の刑を言い渡してやりたいという思いがあることも否定できません。
つまり、報道にはそのような力があるわけです。
私が担当検察官だったら、次席や検事正と大ゲンカして、懲戒覚悟で、未必の殺意に基づく殺人罪で、独断起訴したくなりました。あまりに……飽食遊興三昧と衰弱死刻々切迫……のコントラストが……o(；△；)o
亡くなった幼子の魂よ天国で安らかに…そこには鬼畜＆鬼神の親はいないから……。
・゜・(ノД`)・゜・。………(T_T)
合掌 ＿|￣|Ｏ m(_ _)m Ｏ|￣|＿ 黙祷
そして、保護責任者致死罪で再逮捕されたら、起訴前勾留の途中から被疑者国選弁護対象事件となり手厚い起訴前弁護の適用となります（ボソッ
本件については、容疑者の罪も重いですが、社会全体の問題のような気もします。
厳罰云々より、再発防止に務める事が私たちの責務だと痛感する次第。
裁判員のみなさんには、真実を明らかにして、再発防止に役立てるような審理をして欲しい。
（こういう要求はお門違いですか？）
事件前に、女の子の悲鳴を聞いた近所の通報で警察署員が自宅に行っているのに、ごまかされた。
子供が学校の先生に訴えたのに、電話のみで、これまた誤魔化された。
この二つの情報が児童相談所に集まっていたら、果たして救われていたか？
これまでの実績からいって、否のような気がする。
是非、裁判の場で真実を明らかにして下さい。
そして、みんなで再発防止に役立てていくべきです。
モトケンさんの予想通りなら、多分この事件が「全国のお茶の間が注目する裁判員裁判」になるのは間違いないでしょうね。
ただ、これだけマスコミ報道で「事前情報」が与えられていると、裁判員候補者を選ぶ面接を仕切る裁判長は相当神経を使うでしょう。また法廷での審理が始まってからも、法の理屈ではなく情念が優先しがちな素人裁判員相手に、法律やら裁判での手順と判断基準などを指導しつつ、法廷審理の流れもコントロールしなきゃいけない裁判長は、仕事量が二倍になって大変そうです。
マスコミも注目する劇場型裁判を仕切るには、いろいろな意味で優秀な裁判長や陪席裁判官をあてないと、裁判員の法廷審理がコントロール不能になる懸念を覚えます。
舞台となる大阪地裁では、この事件を担当する裁判長を誰にするのか、今から内々で候補者選びを始めているかも。
公判を担当する裁判部は、公平を担保して人為的介入を防ぐため、機械的に事件が配点されます。令状関与（前審関与）とかで、部ごと回避（忌避）するような例外を除いて。
せめて、通報があったときは、「（必要なら令状を取って）警察官もしくは相談所の職員が（健康状態を調べる）医師を伴って（虐待行為をしている疑いがある両親や保護者と離れた場所で）子ども本人と面談しなければならない」というルールを作ることは出来ないのでしょうか？ で、通報があったのに子どもと面談しなかったら警察や相談所の罪を問う。
粉飾決算で公認会計士が捕まって以来、会計監査が厳しくなりました。それまで「なぁなぁ」で終わっていた会社と会計士の関係に緊張が生まれました。
会計士の例は適切ではないかも知れませんが、「家を訪問したけれど、親が会わせてくれなかった」という「言いわけ」を封じるのにはかなりの効果が期待できるように思います。（素人の浅はかなアイデアかも知れませんが）
少なくとも、彼女を救う（バカ親の犯罪行為を止めさせる）チャンスがあったのに・・・。なんどもなんども繰り返される同種の事件。本当に私たちに「虐待から子どもを守ろう」という強い思いがあるのかな、と自問し情けなくなります。みんながその気になれば、「子どもの虐待を防ぐ（減らす）こと」はできると思います。
この事件と裁判員制度というエントリの趣旨からは ズレてしまいました。すみません。
殆んどの裁判員制度対象の事件は、マスコミ情報で予断を持つことになるでしょうね。そして報道内容が事実であるとすると、マスコミに対する自粛要求も難しい。（どこまで情報として出してよいかの判断も難しい。もっともワイドショウ的なコメンテーターによる過剰な情にうったえる演出は自粛要求すべきと思いますが・・・）弁護士として懸念されるのはもっともなことだと思います。
ただ、裁判長の指導等や、人を裁くという重みの認識、実際に被告人を目の前にして言葉を聞くことや弁護人による酌量軽減の主張等により、一般より冷静な判断ができるような期待（余地）はあるような気がします。
どちらかというと弁護士ではない私は、マスコミ情報のみで事件を把握している巷の人達の「判決」に対する批判の矛先が裁判員に向かう可能性の方をより憂慮してます。
私は、抵抗出来ない少女が亡くなってしまったという事実と、
容疑者が、それを隠蔽しようとしたという事実は報道の
通りであり、ワイドショー的な報道が量刑には影響しないと
思います。
どんなにお涙頂戴の報道が無くても、言いようの無い怒り
と悲しみを禁じえません。
あとは、容疑者同士の力関係や「しつけ」という名目の
虐待への直接的頻度によって、少女が大好きだったという
母親への情状がひとつのポイントだと思っています。
>No.5 ハスカップ さん
原則としては、ハスカップさんが正しいのですが、最近、知り合いの裁判官から異動で、裁判員裁判の裁判官になったと聞きましたので、地裁によっては、裁判員裁判の対応部等をつくり、裁判員裁判の事件は、そこに集中させるのかもしれません。
さらみよ。
お友達になって。
そうですね。検察庁も最高検に裁判員公判部を作り、裁判員裁判に特別公判部が模様替えしたくらいですから、地裁刑事裁判員裁判部を作ったのかもしれません。情報提供ありがとうございます。m(_ _)mお辞儀
自己事故レスです。m(_ _)m
No１１は，＞No.9 L.A.LAWさん へのレスです。
たいへん失礼しました。m(_ _)m
＞聖香さんは４月に入って死亡するまでの数日間ずっと、ベランダに出されたままで、夜もベランダで寝ていた。
ここに至ってはもう、（未必の故意による）殺人だ！というのが一般人の発想ですわね。ですからこの裁判が裁判員裁判であるということであれば、検察に訴因変更を促すか命ずるかすることになりますよ。
市民感覚としては反対しません。
個人的な直感としては死刑が妥当ですね。最大限譲歩しても無期懲役。法定刑の上限ですら生ぬるいように思います。
とは言え、刑事法全体としての量刑のバランスというというものもあるでしょうし、感情に任せて「死刑！」というわけにはいかないですね。
結局、こういう事件は裁判員に裁かせるべきじゃないんでしょうね。どうしても感情に大きく左右されますから。だから、こういう事件こそプロの裁判官が裁くべきじゃないかと思います。
ただし、その量刑に一般市民の感覚を反映させる何らかの仕組みがあった方がよいかも知れません。裁判員制度に反対の自分でも、そういう思いは感じますね。
ふう～
お野菜とお肉をたくさん食べてお腹いっぱい。
痛ましすぎてコメントし辛いのですが、ふと思った事。
自分の種以外の子を殺す行動原理には、人間もライオンや熊と似た性癖が有るのかも。
但し、ライオンはプライド毎乗っ取られるので致し方ないが、子育て中の母熊は必死にオスを遠ざける（子連れで逃げる）様です。
全く同感です。
遺族や関係者が量刑に強い関心を寄せるのは当然の事。
それ以外の私たちは、量刑よりも、社会を構成する一員として、もっと社会システムの問題点に関心を持つべきだと思います。
量刑が、圧倒的な抑止力を持つなら、話は別ですが。
下記のニュースなど見るとそうも思えません。
「泣き叫ぶ姿、おもしろかった」娘を熱湯風呂に 母と友人逮捕（4月28日12時27分配信 産経新聞）
昔は死刑絶対廃止論でしたが、こういう悲惨極まりない鬼畜の所業を見るにつけ、鬼畜を抑止するのはもはや死刑しかないのが現代では、と思うようになりました。m(_ _)mイインダカ悪いんだか…
ＰＳ：
もちろん理念理想は今でも死刑廃止ですけど…。
業界用語で、児童の緊急保護をすることを「とる」っていうのだそうです。
本当に、現実に、保護するはずの仕事でも相手からしたら「とる」。
「拉致された」って言われることもあるなかで、どこで親から離すか。
相談所で働く人も無事でいてくれと祈るしか無いギリギリのケースもざらにあるようです。
家庭内のことは密室になりがち。
もうちょっと介入しやすくなって緊急保護できるといいと思うのですが。（あと保護した後も簡単に帰し過ぎな気がするケースも.....)
私も同じようなことを思います。
私が思うのは、群れのリーダーが変わるというような事態ではなく、小鳥が自分の卵を食べてしまうような例です。
動物園の動物が、育児放棄する例もあります。
小鳥が卵を食べるのは、巣を覗かれたりして子育ての環境ではない場合です。
動物園の動物も「落ち着かない環境」だったのかもしれないですし、子育てを間近でみる機会がなく、どうしていいかわからないからかもしれません。
香田康年の「遺伝子のたくらみ」によれば、子育てはすごくエネルギーを使うので、遂行するのが無理であれば、余計なえれるぎーを使わない（育児放棄）するようになるのも不思議ではないとか。（卵を食べるのはエネルギーの回収とのこと）
たぶん子供を邪魔者扱いする親は、こういう遺伝子が働いてしまったのではないかと思います。
今いる子を育てるより、新しい遺伝子のパートナーを得て、協力して新しい遺伝子を残した方が効率が良いでしょうし。
でも、人間は社会の中で生きているもので、本能をむき出しにしてはいけないものです。
どこかで自制してほしかったと思います。
本当に痛ましい事件です。
＞モトケン様
ずっとブログを拝見していました。
初めての書き込みでの長文、失礼いたしました。
このような事件はつらすぎる。
とにかくやるせない。
サインはいつも出ているものだ。
問題はその後。
それを受けた者たちがどうすべきか。
現状でだめなら、結局は人と金と権力をもっとつぎ込む必要があると思う。
子供の未来を守るのは最優先事項だ。
保護取扱い案件で調査書に「前のオトコの子供だと思うと，アイツが前のオトコとＸＸＸしてる場面が頭をよぎり激情が走って，目の前の子が急に憎くなって折檻に…」という趣旨の質問顛末書が編綴されていて（以下略。
「市民感覚としては」という留保をお付けになるのは当然だとは思いますが（笑）。
裁判員裁判における問題は、まさにこの市民感覚と法律家の感覚との間に開きがある場合でしょうね。法律論としては、後者の方が正しいことがほとんどでありましょう。たかだか一般市民（素人）の考えが、学者先生や裁判所によって築き上げられた従来の法律論を修正するほどの説得力を持つことは考えにくいですね。
しかしそれでは裁判に市民感覚を持ち込む意味は何なのかと言いたくもなります。量刑の重い軽いという点だけならともかく、事実認定・法律の解釈・適用に至るまで「市民感覚」を持ち込むわけでありますから、これがどれほど可能なのかと疑問に思わざるを得ません。
http://news.goo.ne.jp/article/mainichi/life/20090501ddm041040084000c.html
たまたま今日のニュースで、このニュースでも「裁判官 市民感覚、未知との遭遇」なんていうタイトルをつけておりますが
それは戸惑うでしょうな。たかだか「市民感覚」によって変わっちゃう程度の法律論って何だろうと思わなくもない。
トピズレかもしれませんが、「ひどい話だ」で１０年前にドロッポしました。 さまが書かれていたように、結局こういうことなのですね。
これもまた、市民感覚なのでしょうね・・。大阪・女児遺棄、「異変」伝わらず…住民「虐待疑ったが…」
で、裁判員になったら（立場が変わったら）｢周囲の無関心」を責める。やっぱり、わたしたちは「安全地帯」にいないと「正しい行動」をとることができないのかも・・・。
西淀川の小４虐待、共犯の死体遺棄罪被告に猶予刑
http://headlines.yahoo.co.jp/hl?a=20090904-00000316-yom-soci
被害者の死に直接の関与がないのであれば、死体等遺棄罪（刑法１９０条・３年以下の懲役）のみが適用される事案での執行猶予付き判決は、極端に緩刑であるとは言えません。
ただし、感情的に受け入れられる判決かと言えば、必ずしも受け入れられるものではないことも事実です。
少なくとも、この件の被告人には、鬼畜の所業に手を貸した事を一生涯悔いてもらいたいと望みます。
ところで、ハイワロスワロスさんは何がそんなに可笑しいのでしょう？
この事件で、何か笑うような部分があるのですか？
Hoeveel kan ik lenen? (hypotheek). Wat worden mijn maandlasten? (hypotheek) ... Hoeveel hypotheek heb ik nodig? Hoe hoog is de boete die ik nu zou moeten
Hoeveel kan ik lenen? (hypotheek). Wat worden mijn maandlasten? (hypotheek) ... Hoeveel hypotheek heb ik nodig? Hoe hoog is de boete die ik nu zou moeten
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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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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.)
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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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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How does acne form and how do I get rid of them? My mom keeps saying that its because I'm dirty and that I dont wash my fash good. I used a cleanser and srub everyday. I used to have acne long time ago too but then I started using proactive and it got better. My skin was really good and I thought I didnt have to use Proctive anymore. Like 2-3 days after I started seeing my acne. I didnt want use Proactive again cus I heard it can damage yur skin and it has a chemica in it that makes your skin addicted to it. So what should i do?
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