Life sentence upheld for man over 2017 murder of 9-year-old Vietnamese girl

The mother must be so heartbroken. Regardless of a life sentence or not, her heart will forever be broken.

Presiding Judge Masahiro Hiraki said investigators "illegally confiscated" the DNA evidence without a search warrant and criticized them for being "lazy."

This is (again) most lax for climinal investigations. In some other countries the defendant charged of murder could even walk free due to inadmissible evidence via bogus search (e.g. the US 4th Amendment).

The high court also rejected an appeal by prosecutors, who sought the death penalty for Shibuya, saying the murder was not premeditated.

I think the verdict plausible. Life for a single murder victim (and de fact life imprisonment without parole), a death penalty for a few, that is more standard in Japan.

Although life sentence cannot bring back a life, at least it's not one of those very imbalanced sentences we often see e.g. 5,8 years for killing people.

Whether premeditated or at the spur of the moment, what does it matter? The daughter is dead at the tender age of 9 even though she's done nothing wrong.

A life for a life

These are not biblical or barbaric times.

His crime deserves a life sentence.

Any eye for an eye and the whole world is blind.

Continued condolences to the parents. Such a terrible crime by a ‘trusted’ person in the community.

Appropriate followup and concluding article by the media. Thus want swept under the rug.

I know that defense attorney are just doing their job, but demanding this monster to be acquitted on a technicality (cigarette butts in the garbage outside require warrant or not) is quite crazy. And if an explanation for the DNA may be plausible (he knew the girl), how about the blood in his car with the girl's DNA?

Condolences to the parents, and hopefully this brings them a tiny bit of closure. I must say, I'm really impressed with this judgement - he chose to ignore an illegality in order to allow for the maximum punishment to be applied - that could have well gone in the totally opposite direction, as it happened in the past. My full respect for this common sense judgement for a change.

@Moskollo

I agree with you wholeheartedly. Why this despicable person is still allowed to live is beyond me.

"My full respect for this common sense judgement for a change."

Yeah right, go tell that to her mother and father.

I'm sure his choice of a Vietnamese girl was no coincidence. Though this never seemed to come up in the news reporting at the time. I agree with the posters calling for a stricter sentence involving a rope. This evil man tried to get his conviction thrown out, not because he was innocent but because the police didn't ask for his permission to go through his trash to find evidence proving his guilt.

Although life sentence cannot bring back a life, at least it's not one of those very imbalanced sentences we often see e.g. 5,8 years for killing people.

Because he isn't a mother, and there was international pressure to give the right sentence.

Life sentence? That scumbag deserves the rope after a few years in solitary, no less.

Kidnapping, rape, and murder of a child...no better candidate for the death penalty.

I feel the need to mention this - death sentence is very exceptionally given in Japan for murder involving a single victim, and I fully understand the feelings of the people requesting it for this case. But even the given sentence is better than the 7 years, get out after 5 with good behavior I feared he will get, especially as it was based on an illegality.

Presiding Judge Masahiro Hiraki said investigators "illegally confiscated" the DNA evidence without a search warrant and criticized them for being "lazy."

In 2008, the Supreme Court ruled that there was no issue with police collecting garbage from a collection point on a public road as the owner had abandoned possession of it.

So was it legal or not?

There is no indication if he claims to be innocent or not.

In my country, this is essential to start with.

Then how would you show you premiditated such a crime ? It can only be voluntary except if cause of death was a fall or something like that ? But strangulation !

Ooos I strangled you. Sorry my mistake.

Life in prison will be a piece of cake compared to when he meets his maker.

Concerned Citizen... So his mother and father will be angry with him?

@Mr Kipling

... So his mother and father will be angry with him?

I'm sure they are, but no where near as much as his maker is.

this guy was a father and the chairman of the parents' association at the school the victim attended.

Unbelievable

The high court also rejected an appeal by prosecutors, who sought the death penalty for Shibuya, saying the murder was not premeditated.

rt ruling in July 2018, Shibuya abducted Linh while she was on her way to school on March 24, 2017. He then went on to sexually assault and strangle her before abandoning her body near a drainage ditch in the city of Abiko, Chiba Prefecture, two

Sounds like it was premeditated to me.

"Premeditation" is a slippery concept since the mentally ill are also quite capable of planning to kill. Whatever Shibuya's mental state may be, society must be protected from him and a life-sentence is the appropriate measure. He has not "gotten off" lightly.

His appeal wasn't based on his innocence or any claim that he didn't do the crime. His argument was that the evidence that proved he did it without any reasonable doubt was collected WITHOUT his permission. In a British or US prison he would lead a lonely life on a segregated block. Everyday looking over his shoulder and wondering what may be in his food. Japan does not have the same prisoners hierarchy.

Those people deserve prison and zero sympathy when they die.

Agreed.

I won't mourn the passing of any such person. Regardless of social standing, nationality etc. But I won't be calling for vengeance and retribution, which seems to be the sort of behaviour that is much maligned when practiced in certain countries.

I also do not understand this contradiction, unless Japanese lower courts are not bound by decisions of the Supreme Court. If the Supreme Court ruled 13 years ago that no warrant is necessary for riffling through garbage, then why would the Tokyo High Court now rule that evidence in a very similar case was illegally obtained?

It also sounds unusual, that it was just a little illegal, so the High Court will overlook it, as if the ends justify the means. If it is illegal to do, then it is wrong and such evidence should not be used. Heaven knows Japanese Police will do little illegal things if they think they will win their conviction!

The death penalty serves no purpose other than retribution. It isn’t the deterrent those who cling to it claim. If it were, there would be little to no crime in places like Saudi Arabia and China.

Extremely weak argument. Those two nations you cite, although repugnant regimes, have low rates of heinous crimes on a world scale. Look at nations with very weak or no justice system and no death penalty, and they have extraordinary murder rates. Look at South America.

This scum should have served the ultimate punishment for the very worst crime in society - death by hanging. He has no place in human society, including prison. Not one tear would have been shed for him. The family of this poor little girl deserved justice.

Concerned CitizenMar. 24  04:18 pm JST

Life in prison will be a piece of cake compared to when he meets his maker.

A long life sentence is what he needs to feel remorse over his evil act, before he gets his eternal punishment in Hell.