3Dプリンタで銃を製造した者が実刑になったようである。
恐らく初犯であり、執行猶予がつくだろうと思っていたため意外な判決であった。3Dプリンタの普及により、誰でも銃を簡単に作らせしめたということで厳罰となったようであるが、犯罪の幇助をどこまで罰して良いのかは難しい所である。
例えばデジカメやデジタルビデオカメラが普及したことにより、猥褻画像や猥褻動画の作成が容易になった。インターネットの普及によりそれを広範囲に広めることも可能となった。実際に逮捕された人間もいる。だがそれを持って、道具たるデジカメなどを世に出した人物が罰せられているかといえばそうではない。
一方でファイル交換ソフトWinnyの開発者は無罪となったが、最高裁の判断として、入手者のうち例外とはいえない範囲の人が違法行為に使う可能性を容認した場合は幇助に当たると明言している。このガイドラインに照らせば銃を単純に所持することが違法である日本社会において、銃の設計図を公開することは違法性があるということにはなるだろう。
今回のケースで言えば、実際に製造したものを所持していたことで銃刀法違反となっており、刑罰の軽重に背景として加味したに過ぎない。この点検察側からすれば楽だっただろうが、仮に被告が製造したもは所持しておらず、設計図のみを公開していた場合にどう取り扱ったかについては興味深い所である。
法治国家において、超法規的に罰することは許されないが、手をこまねいているうちに日本が銃社会になってしまっては困るということで、裁量を行使することは避難されるべきではないかもしれないが、犯罪のための道具を提供する人間に対する処遇というのはネット社会が進展するにつれ、益々複雑になっていくと思われるため、深い議論が必要だろう。
筆者もブログを運営しておりコメント欄を開放しているが、こちらに不適切な記述がなされ、それに対する対処を怠った場合は罰せられる可能性がある。何の悪気もなく、法に対する無知でもないにも関わらず、懈怠を重過失として罰せられるリスクを負うことが妥当であるのか疑問もあるが、現在の風潮を見るにそのような方向性に流れていくものと思われる。逆に言えば、管理者が責任を持って対処しなければネット上で起きる被害や損害を防ぐのは困難であるとも言える。
実刑となると刑務所に行かなければいけない。大変恐ろしい話で今まで想像したこともなかったが、故意や意図なくして実刑になりうる時代であることを受け止め、多少なりとも準備はしておきたい。
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