NTV "Itte Q" Daisuke Miyagawa draws viewers Don pulls "Are" in clay pots, is it a crime? (Bengo4.com News) --Yahoo! News
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The action taken by entertainer Daisuke Miyagawa on "Itte Q to the End of the World!" (NTV) caused controversy on the Internet. [Twitter] Mr. Miyagawa's "reverse" gluttony project has spit out a large amount of yudofu into a clay pot, and has been criticized as "dirty" and "rude to the store." Was there a legal problem? Also, what kind of consideration is required on the production side in order to avoid "damage to rumors" to cooperating stores? ● Even though I daringly eat, the problem of "reverse" was the plan by Mr. Miyagawa to challenge the "Yudofu Eating Comparison Tournament" that was opened at a long-established restaurant in Kyoto (broadcast on January 30). In a battle format, he competes for the amount of yudofu to eat within the 10-minute time limit, but Miyagawa-san, who has reached the limit after eating too much, has 15 seconds left and has spit out everything he was eating. In the video, he applied "glitter" to the vomit, but all the "glitter" was spit out in the clay pot containing the yudofu. Until the live performance during the match, he said, "Miyakawa, glittering at the last minute!" From the viewers who saw this, the official Twitter post of the program said, "No matter how much you wash, that clay pot is also used by other customers ... It feels bad." It feels uncomfortable to come, "he said. It seems that it is a regular program for Mr. Miyagawa to eat and vomit. Therefore, there is a possibility of directing, but at least it is not an act that I want a good child to imitate. If I vomit into a clay pot, is there any legal problem such as damage to property? I asked Yasushi Sakaguchi, a lawyer. ● Reverse to the clay pot can be criminal damage to property-There is a possibility of directing, but is vomiting to the clay pot in the store not guilty of damage to property? The criminal damage to property is the case where "the property of another person" is "intentionally" or "damaged", and it is established if it can be evaluated as "illegal". Since the damage here is considered to include "losing the utility of things" such as "urinating on tableware", vomiting to the clay pot also corresponds to "damage" as it loses the utility of the clay pot. The possibility seems to be fully recognized. In this regard, if Mr. Miyagawa "vomits intentionally, including the production," it is considered that intentional or illegality is recognized and the criminal damage to property is established. However, if Mr. Miyagawa says, "I unavoidably vomited reflexively," I wouldn't recognize "intentional." In addition, there are cases where it can be evaluated that vomiting had to be done in the clay pot to avoid damage to the table or floor (establishment of emergency evacuation, etc.), and it can be evaluated that illegality is blocked. However, it is considered that the criminal damage to property is not established. The criminal damage to property is an antragsdelikt. It is usually difficult to assume that the victim's store will file a complaint about Mr. Miyagawa's actions on the TV program, and it seems unlikely that Mr. Miyagawa will be held liable for damage to property in the first place. ● If Itte Q really wants to do a reverse at a restaurant ...- Someone who watched the program said, "I don't want to eat at this restaurant." What considerations do you need on the production side? It seems that the broadcast was made after having a meeting with the shop and obtaining approval for such risks, but if risk avoidance is the top priority, it is thought that the vomiting scene will not be broadcast in the first place. Will be. Still, as a program, if the vomiting scene cannot be removed as a point of laughter, it may have been better to prepare a bucket or put a telop such as "I bought this clay pot". Hmm. [Collaboration lawyer] Yasushi Sakaguchi After graduating from university, engaged in radio program production work such as Tokyo FM "Yamada Hisashi's Radian Limited". After that, he suddenly became a lawyer at the age of 28 and passed the old bar examination three years after he was a complete beginner. After he became a lawyer, he defended more than 100 criminal cases annually from the first year. He has since been involved in numerous criminal cases as a lawyer and continues to this day. YouTube "Lawyer Yasushi Sakaguchi Channel" is also being updated. Office name: Prospect Law Office URL: http://prospect-japan.law/
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