即決裁判手続に合憲判断

エントリ趣旨と無関係ですが。

カテゴリとタグの付け方が間違っています
＞カテゴリ:刑事司法全般,小倉秀夫問題
＞タグ:小倉秀夫

ブログＴＯＰの表示が、「小倉エントリ」のほうに分類されています。それだけで、読まない人もいると思って。

＞最近のモトケンブログの小倉秀夫関連エントリ
＞即決裁判手続に合憲判断(07/14)
＞小倉弁護士の藁人形論法を小倉弁護士自身に適用すると「小倉弁護士は犯罪者天国を作ろうとしている。」ということになるというお話。(07/02)2009:07:02:19:28:57
＞最近のモトケンブログの惨状について(06/28)2009:06:28:11:46:22
（以下略）

★このコメントは用済み後は削除してください

　法はよく知りませんが、司法制度の是非を司法自身が判断するって、何か変な感じがしますね。自分で自分のテストに満点をつけて成績を優とするみたいな・・・。
　裁判員制度自体も訴訟の対象になるでしょうし。

連投スマソ。
私が想像するに、この被告人の心理はこんな感じじゃ無かろうか。

---------（以下推測ストーリー）---------

オレがヤッたことは確かだし、有罪だってことは認めるけど、１審判決に書かれたほどオレは極悪非道のことをヤッちゃいないので、ソコントコだけ１審の判決文を直して欲しンだ。とにかく量刑の懲役１年執行猶予３年をもう少し軽いもの、出来れば罰金刑ににして欲しいなぁ。だってパソコン１台の事件だぜ、いくら執行猶予付きだって懲役１年は重すぎらぁ、罰金刑で済ませてくれたって良いじゃねぇか。

大体さぁ、執行猶予が付いたって懲役刑の判決だったら、オレみたいな国家公務員である自衛官は自動的に免職だし、退職金だって規程で貰えなくなる。たったパソコン１台の事件で、ン千万円の退職金がパーにされるなんて、非道い話じゃネェの。即決裁判をオレに勧めた検察官も弁護士も、執行猶予は付くとは説明したけど、執行猶予付きでも懲役刑の判決なら、国公法38条の規定で即日免職だなんて誰も教えてくれなかった。バッカヤロォー、弁護人のせいだ、オマエが最高裁に掛け合って何とかシロ！

-------（推測ストーリーはここまで）---------

以上は、全くの根拠を持たない、私の脳内想像でのストーリーですので、くれぐれも事実であるとか、モトケンさんなど私以外の者が同じことを言っていたなど、誤読･曲解･拡大解釈をなさらぬよう、読まれる方は呉々もご注意の程、お願い申し上げます。

そのくらいなら勝手に持ってってもバレないと思っての出来心では？

　たしかに過去ログの表示場所の問題としては一般エントリ扱いのほうがいいと思いますのでカテゴリ分類は変更しました。

＞それだけで、読まない人もいると思って。

　それは残念（＾＾；
　でも読んで欲しいんですけどね。
　私は（小倉弁護士はともかく）単なる私怨でこのブログに書いているわけではありませんので。
　ミランダの会の最左翼の弁護士でも言わない無知無理解の妄言を書き散らして刑事司法に対する誤解をばらまいているのはほっとけないわけです。
　はてブを見ると、小倉弁護士のエントリを信じている人もいるようですので。

しょーもない突っ込みというよりしろうとは何にでも驚くのですが。（笑
軽い窃盗の場合は罰金刑も有りになってるんですよね？
業務上横領には罰金刑がないんですか？

窃盗より業務上横領のほうが重いのでしょうか？
心理的にはスーパーでトイレットペーパーを万引きするより職場のトイレットペーパーを自宅用に持ち帰るとかのほうが垣根が低そうに感じるのですが。
心理的な垣根が低い分、きつく咎めて防止するとかの意味も？？

もう一つ。

＞業務上横領には罰金刑がありません。

だからパソコンを持ち帰ったのは横領じゃネェ、
単純な窃盗だって言っているダロ。

窃盗なのに業務上横領っていう事実認定されたから、
ソリャ違うって控訴して、さらに上告までしたんヤ。

１審での事実認定が窃盗なら、罰金刑で済んだハズだ！
罰金刑なら国公法38条での免職にはならなかったハズだ！

以上も、モチロン私の頭の中での想像です。

詳しい説明ありがとうございました。
ふむふむ仕事でまかされてるのに持ってっちゃうから余計悪いというわけですね。
で、職場のトイレットペーパーはトイレ掃除の係りの人がごっそり横流しでもすれば業務上横領で関係ない職員だったら窃盗。
確かにしろうとには判りにくいですから即決裁判手続で処理しようと考えた場合、しっかり法律を調べないといけませんね。

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