Ex-gangster has death sentence reduced to life in murder of Nagasaki Mayor Itcho Ito
FUKUOKA -29/09/09- A high court overturned a death sentence for a gang member convicted of gunning down the mayor of Nagasaki in 2007, handing him a life sentence.
The Fukuoka High Court sentenced Tetsuya Shiroo, 62, a senior member of a gang group, to life in prison for murder and violation of the Public Offices Election Law over the 2007 fatal shooting of Nagasaki Mayor Itcho Ito.
"The death penalty is too heavy," said Presiding Judge Shoichi Matsuo on Tuesday, dismissing the death sentence handed down by the Nagasaki District Court in May last year. Shiroo had appealed the lower court ruling.
Ito, then aged 61, was shot twice from behind upon returning to his campaign office near JR Nagasaki Station during the mayoral election campaign on April 17, 2007. He died in the predawn hours the next day.
Weighing the gravity of the crime committed against an incumbent mayor during his election campaign, the Nagasaki District Court sentenced Shiroo to capital punishment, saying, "There is no choice but to opt for the ultimate penalty even in full consideration of there only being a single victim."
During the appeal hearing, the defense counsel for Shiroo demanded a lighter sentence, arguing that the defendant had initially planned to only cause an uproar by firing a blank shot above Ito's campaign car, and denied that the crime was premeditated. "There was a single victim. The fact that the victim was a mayor during his election campaign cannot be said to have magnified the damage," Shiroo's attorney said.
On Tuesday, Presiding Judge Matsuo said the defendant's motive "was not the obstruction of the election itself, and there was no aspect of gain" in his crime. Acknowledging that the lower court's death sentence was "not inapprehensible," Matsuo said, "The fact that the murder cost the life of a single person does not immediately rule out the choice for the death penalty, but it cannot be denied that this issue should be taken seriously."
While recognizing that the slaying of an election candidate constituted a "direct obstruction of an election and a challenge to democracy," the presiding judge said the defendant was mainly motivated by his grudge against the mayor.
"These circumstances of the crime cannot be disregarded, making one hesitate to opt for the death penalty," the presiding judge concluded.
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