In2004,the Koso appeal rate was11.3%against judgments by district courts and5.2%by summary courts,which were more or less at the same level as the previous year.The number of Koso appeal defendants finally disposed by high courts in2004was9,170out of which8,934were appealed by the defendant's side,189were by public prosecutors,46were by both sides and1was by"reversal and remand/transfer"(Source:Annual Report of Judicial Statistics).
  Table2-3-2-4 shows the final dispositions of Koso appeal cases in high courts by type of offense in2004.

Table2-3-2-4  Number of defendants finally disposed in Koso appeal trials,by type of offense(2004)

  Out of the total of1,285defendants whose judgments were reversed at high courts,a majority of805were due to circumstances after the original judgments,followed by inappropriateness of sentencing with278and error in fact-finding with129.As a result of new judgments,22defendants(0.2%of the total defendants of Koso appeal trials)were found not guilty(Source:Annual Report of Judicial Statistics).
  In2004,out of30defendants for whom public prosecutors filed Koso appeals against the not-guilty judgments in the first instance,23were found guilty(Source:Annual Report of Statistics on Prosecution).
  The Jokoku appeal rate against judgments made by Koso appeal trials in2004was39.4%,higher than the Koso appeal rate against those of the first instance.
  The Supreme Court made final dispositions on2,965defendants of Jokoku appeals.The breakdown of this number was2,239(75.5%)for dismissal of Jokoku appeals,710(23.9%)for withdrawal of Jokoku appeals,11for dismissal of prosecution,1for new judgment and4for reversed and remanded(Source:Annual Report of Judicial Statistics).