Kitahara's voice fell, and the entire court fell into unprecedented silence. Just now, Iwanaga had finished delivering the supplementary prosecution opinion, which aroused a burst of indignation from the citizens in the gallery. But now, after Kitahara finished his final defense opinion, the court was extremely quiet. It was strange, as if even the sound of breathing had disappeared. The expressions of everyone present showed a hint of tremor. The lawyer's words seemed to nakedly pick out the hidden and dark side of human nature in everyone and expose it to the broad daylight.

Even the three judges on the trial bench seemed stunned. They did not expect that the defense lawyer's final opinion would be like this.

After about three blank minutes, Judge Zuo Kuma coughed slightly, broke the silence, and said: "The court defense is over. Now comes the defendant's final statement. Defendant Morimoto, what do you have to say to the court? of."

"I obey the court's decision." Morimoto said.

In order to avoid being found to have retracted his confession, which would lead to the invalidation of the "Recognition of Plea and Punishment", the detained researcher could only give this answer until the final statement.

Judge Zuo Jiujian nodded, and then said: "This trial is over. In view of the fact that this case has been reviewed by the judicial committee. The judgment made by the collegial panel needs to be discussed by the judicial committee. Therefore, the judgment of this case is scheduled for today. It will be carried out at 4:30 p.m. The defendant will be remanded to the prison cell of the court with the bailiff."

"Card!"

The gavel struck.

The verdict was pronounced at 4:30 pm?! This news came out from the mouth of the chief referee in front of him, causing a commotion in the gallery. It is now 11:57. In other words, the Intermediate Adjudication Committee will discuss it for about 4 hours. The results came out, followed by the verdict. The reporters in the gallery immediately took out their mobile phones to spread the latest real-time news.

When Morimoto heard that the result of his case was about to be announced more than 4 hours later, his hands couldn't help but tremble. He didn't know what the verdict of this case would be. Maybe, the meeting waiting in front of him It is a sentence of up to 13 years for the prosecutor's office. Just like a roller coaster in an amusement park, it will slowly slide to the highest point of the track, preparing for the fastest dive. Now, Morimoto is slowly pushed to that track. highest point.

The researcher's emotions fell into an extremely tense state. When he was taken to the court cell, sweat had soaked through his clothes. He just took a few bites of the simple lunch box and felt Nausea. Even if you are already hungry, you want to vomit out any food you put down.

The clock is ticking, ticking, ticking one second at a time.

Time seems to have frozen.

Morimoto was very nervous.

He hoped that the time would immediately turn to the moment when the verdict was announced, but he was afraid that he would be greeted with 13 years of cold torture.

Every minute and every second, Morimoto lived in extreme suffering.

He didn't come back to his senses until the bailiff took him to court again.

The clock has pointed to 4:30.

However, Morimoto no longer remembers how he spent this time.

The large courtroom was already filled with people. There would no longer be fierce court debates, but the atmosphere in the courtroom was even more frightening. Immediately, the result of this criminal case was announced. What happened?

What judgment will the judge make? What will be the outcome of the discussion by the adjudication committee?

"What is the probability that Kitahara Morimoto is innocent?" Miyagawa, who was at the defense table, gently covered his chest, calmed down, and asked the male lawyer next to him in a low voice.

Kitahara stared at the secret door next to the trial seat, "The best result is probably to impose a sentence based on the number of days that the defendant Morimoto has been actually detained. Being released in court is the most ideal result. To

It is too difficult to be not guilty. Now, the Sakyo District District Court has asked the judicial committee to intervene in this case, which means that all unconventional judgments will be scrutinized more strictly."

Miyagawa's eyes dimmed a bit after hearing this answer, he held the pen tightly in his hand and said nothing.

There was a "beep" sound.

The indicator on the court secret door turns from red to green.

Judge Zuo Jiuma, holding a stack of materials in his hand, emerged from the secret door and slowly walked into the referee's seat. The two magistrates behind him also followed his footsteps. The announcement of the verdict was the moment to formally exercise judicial authority. In an instant

, an unprecedented sense of oppression permeated the air.

When Morimoto saw the judge appear, he couldn't help but feel a "thump" in his heart. The moment that will determine his life is finally coming. Whether the beast hidden in the black box is able to devour him will be revealed in the next five minutes.

It was like being suddenly thrown into the bottom of the sea. Morimoto felt as if he was being squeezed continuously by an invisible wall of air, making it difficult to even breathe.

"The verdict of Morimoto's corruption crime will be announced publicly in accordance with the law. Please all stand up." The clerk in the middle said.

In an instant, the huge crowd in the courtroom stood up.

All eyes were focused on the referee.

In the gambling game of this criminal case, the outcome between Kyoto University's face and Morimoto's thirteen years of personal freedom is about to be announced.

"Card!"

The gavel struck.

Judge Sakuma's voice sounded: "Sakyo Ward District Court, First Instance Criminal Judgment Kyozu [23] No. 562. Public Prosecution Agency, Kyoto District Prosecutor's Office."

"The defendant, Naoya Morimoto, was born on August 2, 1936, Daika. On June 15, 2017, he was arrested on suspicion of corruption and is currently being held at the Kyoto Detention Center."

"The defenders are lawyer Kitahara Yiichi of Eto Law Firm and trainee lawyer Miyagawa Saedako."

"The public prosecution alleges that the defendant Morimoto has served as a researcher at the Faculty of Engineering of Kyoto University from February 20, 2018 to the present, and holds relevant positions in industry-research joint ventures, with the authority to manage and approve corresponding scientific research funds."

Taking advantage of his position, he used false materials at Asai Machine Tool Co., Ltd., Kurahashi Electronic Instrument Co., Ltd., and the Joint Research Institute of Engineering, Mechanics, and Energy to divert public scientific research funds into his private account for personal consumption and enjoyment, and privately sold related

Experimental equipment. As a consultant to the Kyoto City Hall, he used his approval authority to assist Adachi Information Industry Co., Ltd. to falsely receive precision machinery subsidies and misappropriated relevant subsidies in the form of dividends. Among the above four corruption facts, the defendant Morimoto totaled

Embezzlement of 168,388,134 yen.”

This chapter is not over, please click on the next page to continue reading! "The defender believes that Morimoto's behavior does not constitute a crime of corruption. The defendant does not have an employment relationship with Kyoto University, is not an employee of the national university, and does not meet the legal subject of the crime of corruption.

It is impossible to distinguish whether the seized items were purchased by Morimoto personally or whether they were corporate assets. There is no sufficient evidence to prove that Morimoto had the subjective intention to illegally possess them. The embezzled property involved does not belong to public funds, but belongs to the company's own funds."

“After trial, this court found the following facts: The defendant Morimoto joined the Kyoto University Electrical Engineering Society as a researcher on February 20, the first year of this year. The society is a civil society registered in accordance with the law. Morimoto worked at Asai Machine Tool Co., Ltd.

, serves as the financial manager of Kurahashi Electronic Instrument Co., Ltd., and is employed by the Kyoto Prefecture City Hall as a consultant expert on precision machinery. Morimoto used false invoices and other means to withdraw the funds from the above-mentioned enterprises into personal accounts, and also accelerated the joint research institute

managed for export and sale.”

“The evidence to confirm the above includes: statements issued by relevant university institutions and enterprises, bank transfer records, search records, seizure lists, enterprise account books, accounting vouchers, financial vouchers, “Employment Contracts”, civil society inquiry letters, Kyoto

Minutes of government and town hall meetings, precision machinery subsidy approval forms, etc.”

Hearing Judge Zuo Kuma read this, Iwanaga smiled. Among the factual evidence identified by the court, there are "Situation Statements" issued by universities, institutions, and companies. This means that even if the collegial panel is in the "Situation Statement", it does not belong to the Eighth Congress of Criminal Procedure Law.

Regardless of the type of evidence, it is still used as the basis for determining the facts. Sure enough, the situation is always stronger than the person!

Judge Zuo Jiuma continued:

“This court’s comprehensive evaluation of the defender’s opinions, combined with the evidence in this case, is as follows:”

"First, regarding the validity of the "Recognizance of Plea and Acceptance of Punishment" involved in the case. This court believes that the "Recognition of Recognition of Plea and Punishment" is an agreement reached between the public authority and the defendant in the exercise of its power. Because the agreement has the color of national power

, so it should be made stable and credible. In the case where there is no major violation of the law and the defendant directly denies it, the contractual effect of the confession should be respected and cannot be overturned under normal circumstances. In this article

, the defender's independent exercise of the right to defend does not constitute a reason for the revocation of the "Recognition of Guilty and Punishment" involved in the case."

"Second, regarding Morimoto's powers. The legal subject of the crime of corruption is a person who does not have a public official status, except for those who have a formal position working in a national institution, but is entrusted to manage public funds in accordance with the law. This also constitutes a legal subject of the crime of corruption.

Although the subject, Morimoto, is a researcher of electrification engineering at Kyoto University and the financial manager of related industry and research enterprises, he has taken the lead in participating in multiple scientific research projects and is a member of the relevant project team. Therefore, it should be considered that the defendant was entrusted in accordance with the law

Managing public funds related to scientific research projects involving eucalyptus."

"Third, regarding whether the funds that Morimoto defrauded are public funds. The defender believes that the funds that entered Morimoto's account belong to the company's own funds and do not belong to public scientific research funds. This court believes that the answer to this question must be combined with relevant

The purpose of the funds shall be stipulated. The reimbursement application form used by the defendant Morimoto to obtain funds from relevant industrial and research enterprises stated that the relevant reimbursements were for scientific research projects involving cooperation between industrial and research enterprises and universities. Therefore, even if the industrial and research enterprises involved

The enterprise's own funds and public funds are mixed in the same bank account, but combined with the purpose of reimbursing expenditures, the funds that have been evaded should be considered to be public funds, not private funds."

Listening to the chief referee's voice, Miyagawa's face turned a bit pale, and the delicate hand holding the pen could not help but tremble. The court already believed that Morimoto had the qualifications to be the subject of the crime of corruption, and that the embezzlement was public property.

It’s over…really, it’s over…in the end…

Miyagawa lowered his head slightly, not daring to look directly at the court.

The more Iwanaga listened, the happier he felt. The judge now raised the guillotine of conviction, and it was only a matter of time before it fell. Although the court confirmed the validity of the "Plea and Punishment Recognition Statement", it did not matter. As long as Morimoto could be convicted, that would be

He won!

"Fourth, as to whether the consumer goods seized in connection with the case can be determined to be personal enjoyment expenditures. The defender used the suit seized in connection with the case that did not match the height of the defendant as an example to deny that the expenditure in connection with the case was Morimoto's personal enjoyment expenditure. This court believes that

, Personal enjoyment expenditures include both expenditures for one's own enjoyment and expenditures for the enjoyment of others. Although the seized high-end suits do not match the defendant's height, as long as the corresponding products are luxury enjoyment items, they should be recognized as personal enjoyment expenditures

.

"Fifth, regarding whether Morimoto has the subjective intention to illegally possess." Judge Zuo Kuma continued calmly: "The statutory component of the crime of corruption is that the perpetrator must have the subjective purpose of illegal possession. Therefore, in this case, Morimoto's behavior

Having met the objective behavioral requirements for the crime of corruption, whether there is a subjective purpose of illegal possession is the key to whether Morimoto is guilty or not."

"In this case, although the public funds involved entered Morimoto's account, the financial account books of the industrial and research enterprises involved contained Morimoto's personal bank account and password. Therefore, it is doubtful whether the funds involved were illegally possessed by Morimoto. This article

The hospital retrieved the flow of Morimoto's personal account and compared it with the expenditures of the industry and research enterprises involved in the project. Among them, some of the expenditures of the industry and research enterprises were directly transferred from Morimoto's personal account. According to this, although the funds involved in the project were transferred to Morimoto's personal account

name, but Morimoto subjectively did not rule out the use of funds in his personal account by industry and research companies involved."

"At the same time, the performance bonuses borrowed by Morimoto were indeed used to pay out the historical debts of industrial and research enterprises to corporate employees. The accelerated management of the research institutes borrowed was also used to resolve overseas contract breaches. Other matters managed by Morimoto

There are economic contacts between industrial and research enterprises and Adachi Information Technology Co., Ltd., the sponsor that applied for precision machinery subsidies. Therefore, it cannot be ruled out that the precision machinery subsidies involved are payments for business transactions. Therefore, it cannot be ruled out whether Morimoto has the subjective purpose of illegal possession.

Reasonable suspicion.”

"To sum up, this court believes that the evidence provided by the prosecutor's office to accuse Morimoto of committing corruption is insufficient to prove that the defendant had the subjective purpose of illegal possession. Although the defendant Morimoto's private bank account was used to receive public funds involved in the corruption,

The funds involved have not been separated from the control of the industrial and research enterprises. Therefore, the facts that the public prosecution agency accused the defendant Morimoto of committing corruption are unclear, the evidence for the accusation is insufficient, and the alleged crime cannot be established. The opinions of the defender are adopted."

“After discussion by the Judicial Committee of this court, the following judgment was made in accordance with Article 162, Item (3) of the Criminal Procedure Law.”

"The defendant Naoya Morimoto is not guilty."

"The verdict has been pronounced."

The referee's voice stopped abruptly.

Perhaps it was because the verdict was so lengthy that everyone in the court was lost in the details of the reasoning. At the moment when the verdict was announced, many people did not realize the outcome of the verdict. Many people were stunned in place, like

I felt confused because of the sudden ending of the sentencing.
To be continued...