So, placing your hands around someone’s neck and squeezing until they die is not murder? Wow! You learn something new everyday.
I'm not trying to defend the guy but, for example, it could have been consensual, rough sex that went a step too far. Without the guy confessing his intention to kill, it would be impossible to prove beyond reasonable doubt he did have the intention. That is why the prosecutors have to settle for a lesser charge.
A similar case happened in Australia a few years ago, which coincidentally also involved a Japanese woman as the victim.
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And you are using a foreign definition, however manslaughter in some jurisdictions is a lesser included offense of murder. Also he, again, admitted to killing her, whether it was intentional or not, he murdered the poor girl!
Yubaru, how many times must it be said that killing does not equal murder? In Japan, as in most countries, intent (殺意) is an element of murder.
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No, it does not, even in Japanese there are different definitions of murder, including manslaughter as well.
Not to mention the fact that the guy confessed to killing her.
Killing does not equal murder. Confessing to killing does not equal confessing to murder.
In the "official unofficial" translation of Japan's penal code prepared by the Ministry of Justice, the word "murder" is not even used.
Article 199 defines the penalty for "homicide" (which would equal murder) and Article 205 defines the penalty for "injury causing death". The code does not define the elements of these offences though. For that, you need to look at the judicial interpretation in case law.
If you can read Japanese, you will see from this following page that the crime of homicide (murder) in Japan requires the intent to kill (殺意).
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