CONCRETE-ENCASED HIGH SCHOOL GIRL MURDER  CASE or JOSHIKOSEI CONCRETE-ZUME SATSUJIN JIKEN IN  JAPANESE. 

1) TITLE: “CONCRETE-ENCASED HIGH SCHOOL GIRL MURDER  CASE” or “JOSHIKŌSEI CONCRETE-ZUME SATSUJIN JIKEN” IN  JAPANESE. 

CITATION: Heisei 1(wa) 72. 

Heisei 1: Refers to the first year of the Heisei era (1989). 

(wa): Means that it was a criminal case handled in the first instance. 

72: The case number. 

2) NAME OF COURT 

The Tokyo District Court, the Tokyo High Court, and the Supreme Court. BENCH TYPE: Division bench type of case. 

3) DATE OF JUDGMENT 

Tokyo District Court (Initial Trial) 19th July, 1990, Tokyo High Court ( Appeal) July 1991,  Supreme Court of Japan ( Final Appeal)Date Unknown. 

4) PARTIES INVOLVED 

Brief description of the petitioner(s)/appellant(s) 

The petitioners or appellants for the case. 

Their appeals were heard by the Tokyo High Court, which resulted in three of them receiving  longer sentences. One of the perpetrators, Hiroshi Miyano, then appealed to the Supreme Court of  Japan, but his appeal was denied. 

BRIEF DESCRIPTION OF THE RESPONDENT(S)/DEFENDANT(S) 

The respondents, also known as the defendants, in the Junko Furuta case were the four male  teenagers who committed the crime. 

Their names are: 

1. Hiroshi Miyano (18 at the time) 
2. Jō Ogura (17 at the time) 
3. Shinji Minato (16 at the time) 
4. Yasushi Watanabe (17 at the time)

In official court documents, due to their juvenile status, they were referred to by letters, such as  “Perpetrator A,” “Perpetrator B,” and so on. The identities were later leaked by a Japanese  magazine. 

5) FACTS OF THE CASE 

CONCISE SUMMARY OF THE BACKGROUND. 

Junko Furuta was a 17-year-old Japanese high school student who was abducted, tortured, and  murdered in 1988-1989. She was held captive for 44 days by four male teenagers—Hiroshi Miyano,  Jō Ogura, Shinji Minato, and Yasushi Watanabe. The abuse, which took place at the home of one  of the perpetrators, was extreme and prolonged, including physical and sexual violence. On  January 4, 1989, she died from her injuries. The case is considered one of the worst juvenile crimes  in Japan’s post-war history and led to significant public outrage and legal reforms. 

RELEVANT FACTS OF THE CASE. 

Victim: Junko Furuta, a 17-year-old high school student from Misato, Saitama, Japan. 

Perpetrators: Four male teenagers: Hiroshi Miyano (18), Jō Ogura (17), Shinji Minato (16), and  Yasushi Watanabe (17). 

KEY FACTS 

The concrete encased murder involved: 

1. Abduction: Junko was kidnapped on November 25, 1988. 
2. Captivity: 40 days of extreme physical and sexual torture at Shinji Minato’s home. 3. Death: Junko died from injuries on January 4, 1989. 
3. Discovery: Her body was found in a concrete-filled drum on March 29, 1989. 5. Perpetrators’ actions: Forced Junko to deceive her parents, and other victims were also  abused. 
4. Public outrage: The case sparked national shock and outrage, leading to convictions and  sentences ranging from 7 to 20 years. 

CHRONOLOGICAL ORDER 

1. November 25, 1988: Junko Furuta, a 17-year-old high school student, is abducted on her  way home from a part-time job. November 
2. November 26, 1988: She is taken to the home of one of the perpetrators, Shinji Minato,  and held captive in a second-floor room. 
3. November 27, 1988: Furuta’s parents contact the police to report her disappearance. The  perpetrators force her to call her parents and tell them she has run away from home.
4. December 1988 – January 1989: Junko Furuta is subjected to 40 days of continuous and  severe physical and sexual abuse. Her physical condition deteriorates significantly, and she  attempts to escape at least once. 
5. January 4, 1989: After a mahjong game loss, the perpetrators beat and burn her for two  hours, leading to her death from shock. 
6. January 5, 1989: The perpetrators encase Furuta’s body in a 55-gallon oil drum filled with  concrete and dump it in a vacant lot in Kōtō, Tokyo. 
7. March 1989: Two of the perpetrators, Hiroshi Miyano and Jō Ogura, are arrested for a  separate crime involving the kidnapping and rape of another woman. 
8. March 29, 1989: During police interrogation, Miyano confesses to Furuta’s murder and  reveals the location of her body. Her body is recovered. 
9. Later in 1989: The four perpetrators are tried, initially as juveniles, but due to public  outrage, they are later tried and convicted as adults. Their sentences range from 7 to 20  years in prison. 

6) ISSUES RAISED: 

CLEARLY FRAMED LEGAL QUESTION BEFORE THE COURT The court in the Concrete-encased high school girl murder case considered the following charges: 1. Abduction for sexual assault 

2. Confinement 
3. Rape 
4. Assault and causing bodily injury resulting in death 
5. Abandonment of a corpse 

The case also sparked broader debates on juvenile sentencing and anonymity for minors in criminal  cases. 

7) ARGUMENTS OF THE PARTIES 

KEY CONTENTIONS BY THE PETITIONER/APPELLANT The defendants’ key arguments in the appeals court were: 

1. Juvenile Status: More lenient sentencing guidelines for minors should apply. 
2. Lack of Intent to Murder: Death was a result of uncontrolled assaults, not premeditated murder.
3. Mitigating Circumstances: Financial compensation and psychological issues (learning  disability) were presented as reasons for reduced sentences. 

The appeals court rejected these arguments, increasing sentences for some perpetrators, citing the  extreme brutality of the crime as outweighing the defendants’ juvenile status and mitigating  circumstances. 

KEY CONTENTIONS BY THE RESPONDENT/DEFENDANT The prosecution’s key arguments in the case appeals process were: 

1. Extreme Cruelty Outweighs Juvenile Status: The brutality of the crime negated any claim  to leniency based on age. 
2. Evidence of Intent to Kill: Repeated torture demonstrated a clear intent to kill, validating  the court’s re-sentencing. 
3. Lack of Genuine Remorse: The perpetrators’ lack of contrition and bragging about their  crimes after release fueled public outcry and the court’s decision. 

The court ruled that the atrocity’s severity outweighed mitigating circumstances, leading to longer  prison sentences for the main perpetrators. 

RELEVANT LAWS OR CASE LAWS CITED IN THE “CONCRETE  ENCASED HIGH SCHOOL GIRL MURDER CASE”. 

The concrete encased high school girl murder case involved charges of: 

1. Abduction 
2. Confinement 
3. Rape 
4. Assault 
5. “Causing bodily injury resulting in death” (not murder) 
6. Abandonment of a corpse 

The court considered the Nagayama Standard in sentencing, which guides death penalty decisions  based on factors like crime gravity, number of victims, motive, and remorse. 

In this case, legal experts noted that because there was only one victim, the case did not meet the  typical threshold for the death penalty under the Nagayama Standard. This was cited as a reason  for the seemingly lenient sentences, especially when compared to a similar 1988 case, the Nagoya 

couple murder case, where the death penalty was applied to one of the perpetrators because there  were two victims. This comparison highlights how judicial precedent and established standards,  even when they seem to lead to disproportionate outcomes, can heavily influence the final verdict. 

8) JUDGMENT/ FINAL DECISION 

WHAT THE COURT DECIDED (VERDICT) 

Here’s a brief summary of the final verdicts and sentences for the perpetrators in the concrete  encased high school girl murder case: 

Hiroshi Miyano (main perpetrator): 

– Initially sentenced to 17 years, increased to 20 years in prison upon appeal – Served the full 20 years 

Jō Ogura: 

– Sentenced to 5-10 years in prison 

– Served 10 years 

Shinji Minato: 

– Sentenced to 5-9 years in prison 

– Served 9 years 

– Later sentenced to 1 year and 6 months in prison with probation for 3 years in a separate case Yasushi Watanabe: 

– Sentenced to 5-7 years in prison 

– Served 7 years 

All four perpetrators were found guilty of abduction, confinement, rape, assault, murder, and  abandonment of a corpse. The lenient sentences sparked public outrage due to the severity of the  crime. 

WHETHER THE APPEAL WAS ALLOWED, DISMISSED OR MODIFIED. 

All four of the perpetrators in the case Hiroshi Miyano, Jō Ogura, Shinji Minato, and Yasushi  Watanabe appealed their initial convictions.

The appeal process resulted in modified sentences for three of the four perpetrators. The Tokyo  High Court re-sentenced them to longer terms. 

1. Hiroshi Miyano: His original sentence of 17 years was modified and increased to 20 years,  the longest sentence possible in Japan short of life imprisonment. 
2. Jō Ogura: His sentence was modified and increased from 5-10 years to a longer term (the  specific new range is not consistently reported in public records, but he served 10 years). 
3. Shinji Minato: His sentence was modified and increased from 5-9 years to a longer term  (he served 9 years).Sources 
4. Yasushi Watanabe: His sentence was modified and increased from 5-7 years to a longer  term (he served 7 years). 

The appeals, particularly by the main perpetrator Hiroshi Miyano, led to the sentences being made  more severe, though still considered lenient by the public given the extreme brutality of the crime. 

IMPORTANT ORDERS/DIRECTIONS ISSUED 

The key orders and directions issued in the concrete-encased high school girl murder: Conviction: All four perpetrators were found guilty of: 

∙ Abduction 

∙ Confinement 

∙ Rape 

∙ Assault 

∙ Murder 

∙ Abandonment of a corpse 

1. Sealing of Identities: The court initially sealed the perpetrators’ identities due to their  juvenile status. 
2. Sentencing: The Tokyo District Court issued initial sentences ranging from 5-7 years to 17  years. 
3. Appeals Court Decision: The Tokyo High Court increased the sentences, with Hiroshi  Miyano’s sentence rising from 17 years to 20 years. 
4. Charge: The case was tried as “causing bodily injury resulting in death,” leading to less  severe sentences than murder charges would have carried.

9) LEGAL REASONING/RATIO DECIDENDI 

EXPLANATION OF THE COURT’S REASONING BEHIND ITS DECISION The court’s decision in the Junko Furuta case was influenced by: 

1. Juvenile Law: Focus on rehabilitation over retribution due to the perpetrators’ ages (under  20). 
2. Nagayama Standard: Guidelines for death penalty cases, making it unlikely for a single victim case. 
3. Legal Charge: “Causing bodily injury resulting in death” instead of murder, leading to more  lenient sentences. 

The court’s logic prioritized rehabilitation, adhered to precedent, and applied technical distinctions,  resulting in sentences that sparked public outrage and highlighted the tension between justice and  retribution. The court’s decision in the Junko Furuta case was influenced by: ical distinctions,  resulting in sentences that sparked public outrage and highlighted the tension between justice and  retribution. 

LEGAL PRINCIPLES/DOCTRINES EVOLVED OR APPLIED 

The case was a pivotal moment in Japan’s judicial history, highlighting key legal principles and  sparking significant changes in the country’s juvenile justice system. Here are the key points: 

1. The Nagayama Standard: This sentencing guideline for capital punishment played a role  in the prosecution’s decision not to seek the death penalty for the perpetrators, as there was  only one victim. 
2. “Causing Bodily Injury Resulting in Death” vs. Murder: The court applied the lesser charge  due to uncertain intent to murder, leading to perceived lenient sentences and public outcry. 
3. Evolution of Juvenile Law: The case catalyzed revisions, including: 
4. Lowering the age for referral to public prosecutors: From 16 to 14 years old, allowing for  more juveniles to be tried as adults. 
5. Increased victim participation in legal proceedings: Strengthening victims’ rights and  voices in the justice system. 
6. Shift from rehabilitation to punishment: A more punitive stance in Japan’s juvenile justice  system, prioritizing accountability and justice over rehabilitation.

The case sparked widespread public outrage, redefined juvenile crime as a public issue, and led to  ongoing debates about the balance between rehabilitation and punishment in Japan’s juvenile  justice system. 

SIGNIFICANT PRECEDENTS CITED 

The concrete-encased high school girl murder case involved charges of abduction, confinement,  rape, assault, murder, and abandonment of a corpse. Here are the key points about the case: 

Statutes and Charges: 

The defendants were convicted of abduction, confinement, rape, assault, murder, and abandonment  of a corpse under Japanese law. 

They were initially charged with “causing bodily injury resulting in death” rather than murder,  which sparked public criticism. 

Case Law and Legal Precedent: 

The Nagayama Standard, a 1983 Supreme Court ruling, guides the imposition of the death penalty  in Japan. 

The standard considers factors like the nature and gravity of the crime, number of victims, motive,  and the accused’s remorse. 

Since there was only one victim, the case didn’t meet the typical threshold for the death penalty.

Final Verdict: 

Hiroshi Miyano (main perpetrator): Initially sentenced to 17 years, increased to 20 years in prison  upon appeal. 

1. Jō Ogura: Sentenced to 5-10 years in prison, served 10 years. 
2. Shinji Minato: Sentenced to 5-9 years in prison, served 9 years. 
3. Yasushi Watanab: Sentenced to 5-7 years in prison, served 7 years. 

Appeal Outcome: 

The appeal process resulted in modified sentences for the perpetrators, with the Tokyo High Court  re-sentencing them to longer terms. 

Important Orders/Directions: 

The court initially sealed the perpetrators’ identities due to their juvenile status, but they were later  revealed in some media following public outrage.

10) CONCLUSION/OBSERVATION 

THE CASE’S IMPACT/SIGNIFICANCÉ 

The case had a profound impact on Japan, sparking widespread outrage and scrutiny of the  country’s juvenile justice system. Key aspects include: 

1. Public Outrage: The Tokyo Metropolitan Police Department received numerous calls and  letters demanding severe punishment, including life imprisonment or the death penalty, for  the perpetrators. 
2. Juvenile Anonymity: A Japanese tabloid, Shūkan Bunshun, published the defendants’  names, arguing they didn’t deserve anonymity due to the crime’s severity, despite the court  initially sealing their identities. 
3. Legal Scrutiny: The initial sentences were criticized for being too lenient, with Hiroshi  Miyano’s sentence increased from 17 years to 20 years on appeal. The defendants were  charged with “causing bodily injury resulting in death” rather than murder. 
4. Reforms: The case led to changes in Japan’s juvenile law, including lowering the age of  criminal responsibility from 16 to 14 and increasing penalties for violent crimes. 

The case highlighted the need for a more effective legal system and sparked ongoing debates about  juvenile crime and punishment in Japan. 

MY CRITICAL REFLECTION 

Juvenile delinquency, also known as juvenile offending, is the act of participating in unlawful  behavior younger than the statutory age of majority. [1] These acts would be considered crimes if  the individuals committing them were older. [2] The term delinquent usually refers to juvenile  delinquency, and is also generalized to refer to a young person who behaves an unacceptable way.  Thus, the perpetrators were under age according to the juvenile law. 

44days- The case is a murder kidnapping and sexual assault case that is known by a different  number of names, some of them being 44 days, 44 days in hell, or any variant of 44. Most Japanese  citizens who are aware of this case know it by “concrete-encased high school girl murder case” 

The case is a tragic and disturbing example of extreme violence. Here are some key aspects of the  case: 

1. Extreme Torture: Junko Furuta was subjected to 44 days of physical and psychological  torture, resulting in unimaginable suffering. 
2. Tragic Death: Her death sparked widespread outrage and debate about Japan’s juvenile  justice system.
3. Public Reaction: The initial sentences were met with public criticism, with many feeling  they were too lenient given the severity of the crime. 
4. Impact on Juvenile Law: The case led to revisions in Japan’s juvenile law, with a greater  emphasis on punishment and accountability. 

The case highlights the need for a justice system that addresses the complexities of violent crime  while prioritizing victim dignity and public safety. 

REFERENCE(S):

Hawkins, Kristal (21 February 2013). “Japanese Horror Story: The Torture of Junko  Furuta”. Crime Library. Archived from the original on 22 February 2013. Retrieved 7  August 2015. 

Tokyo Reporter. 25 March 2019.Hawkins, Kristal (21 February 2013). “Japanese Horror Story. 

The Torture of Junko Furuta”. Crime Library. Archived from the original on 22 February 2013.  Retrieved 7 August 2015. 

Tokyo Reporter. 25 March 2019. 

The Media Naming of Adult Criminals with Juvenile Criminal Records: The 1989 Concrete Packing Murder Case and 2004 Assault Case (Part 1)]. 

Information and Communication Studies (in Japanese). 33. Bunkyo University: Faculty of  Information and Communications: 331–344.