Appeal Concerning Assault Sentence and Modification of Charges
The plaintiff, resulting in grievous injury as per the Penal Code Section 2, was adjudicated to find the defendant, who was found guilty of assault under the Penal Code Section 1, sentencing the defendant to imprisonment for one year, and defendant number 2, due to actions against defendant number 1, was dismissed. Defendant number 1 appealed the dismissal, and the Court of Appeal ruled to amend the judgment stating that the defendant was found guilty under Penal Code Section 11 and dismissed the case against defendant number 2, sentencing the defendant to imprisonment for two years under the Penal Code Section 297. The plaintiff requested a harsher sentence for the defendant and a sentence for defendant number 2 as charged. Defendant number 1, in the issue of fact, requested the dismissal as follows, requesting the court to determine whether the issue of fact presented was in accordance with the law.
Answer: The issue of fact presented by the plaintiff requesting a harsher sentence for the defendant was an appeal.
The discretion of the court constitutes an appeal regarding the issue of fact in this case. The initial court and the Court of Appeal imposed a sentence of imprisonment for the defendant not exceeding two years. Therefore, an appeal regarding the issue of fact is prohibited.
Regarding the plaintiff concerning defendant number 1, the plaintiff appealed requesting a sentence for the defendant as charged. Since the initial court and the Court of Appeal dismissed the plaintiff’s case against defendant number 1, an appeal is prohibited under the Penal Procedure Code Section 220.
Regarding the case where defendant number 1 was sentenced to imprisonment not exceeding two years, despite the Court of Appeal amended the sentence and the section of the law under which the defendant was found guilty, the Court of Appeal increased the sentence for the defendant. Therefore, defendant number 1 was permitted to appeal regarding the issue of fact, as prohibited under the Penal Procedure Code Section .
During the arrest, a shooting occurred, with the defendant claiming to be acting in the course of official duty.