9 Factors to be considered for a sentence of death
prescribed by the Supreme Court in the case of
Norio Nagayama:

1) Nature of the crime (
For money, love, vengeance, pleasure, self defense, self-protection, etc...

2) Motive (
動機 )

3) Degree of Cruelty

4) Consideration of the victims (
Old, young, gangster types, mean or innocent, previous relationship to the defendant)

5) Feelings of the victims families. (

6) Crime's impact on society. (

7) Age of the defendant. (

8) Previous criminal record. (

9) Post crime circumstances: defendant's attitude, factors that may make the death penalty unavoidable. (

The Supreme Court did not prescribe a mathematical model for weighing the above factors. I.E., five factors in favor of the death penalty does not necessarily mean that sentence should be imposed. The decision is certainly subjective.

Also, the parenthetical comments are JIADEP descriptions. As you can see some of the categories are not mutually exclusive. I (Michael Fox) am not exactly sure what #6 is exactly about..I would guess whether or not the crime shocked society, and whether issuing a sentence of life imprisonment would cause social concern, giving the impression that if such a crime can be committed and the defendant will have a second chance at freedom.