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3 Appeals In 2008, the Joso appeal rate against final judgments made in the court of first instance (refers to the percentage of persons that filed Joso appeals (Koso appeal and direct Jokoku appeal) among those finally disposed, but excluding those whose dispositions were made final due to dismissal of prosecution or withdrawal of a request for formal trial) was 10.7% in the case of district courts and 5.5% in the case of summary courts. Of persons finally disposed in Koso appeal cases in high courts in 2008, 7,703 (96.7%) were for cases with appeals made by the defendant only, 192 (2.4%) by the public prosecutor only, 64 by both sides, and three for cases by reversal and remand, etc. (Source: Annual Report of Judicial Statistics).Table 2-3-1-6 shows the number of persons finally disposed in Koso appeal trials in high courts by type of offense and judgment in 2008. Dismissal of Koso appeal was the most common with 5,310 persons (66.7%), followed by withdrawal of appeal with 1,577 (19.8%) and those whose judgments of first instance were reversed and rendered with 1,011 (12.7%). Of the 1,031 persons whose original judgment was reversed in high courts, the most common reason for reversal was due to circumstances after the original judgment with 620, followed by inappropriateness of sentencing (202) and error in fact (136). As a result of new judgments 13 persons had their original judgments reversed and were found not guilty (Source: Annual Report of Judicial Statistics). However, of the 63 defendants for whom public prosecutors filed Koso appeals against not-guilty judgments in the first instance, 35 had their original judgments reversed and were found guilty (Source: Annual Report of Statistics on Prosecution). The Jokoku appeal rate (refers to the percentage of persons who filed Jokoku appeals among those finally disposed, but excluding those whose dispositions were made final due to dismissal of Koso appeal or dismissal of prosecution or withdrawal of a request for Jokoku appeal) against judgments made by Koso appeal trials in 2008 was 37.1% (Source: Annual Report of Judicial Statistics). Of 2,498 persons in Jokoku appeal cases finally disposed in the Supreme Court (including those whose first instance was dealt with in high courts), 2,012 (80.5%) were for dismissal of a Jokoku appeal, 476 (19.1%) for withdrawal of a Jokoku appeal, five for dismissal of prosecution, three for their judgments of the first instance having been reversed and rendered, and two for reversal and remand. (Source: Annual Report of Judicial Statistics). Table 2-3-1-6 Number of persons finally disposed in Koso appeal trials by type of offense and judgment (2008)
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