The court below reversed the judgment of the court of first instance and sentenced the dismissal of the public prosecution on the facts charged of this case, which are a crime of non-prosecution, on the ground that it can be recognized that the victim expressed his intention not to prosecute prior to the institution of public prosecution, and thus, the procedure of

In light of the record, the lower court did not err by misapprehending the legal doctrine regarding the expression of intent not to punish a person in violation of the law of logic and experience, or by misapprehending the legal doctrine regarding facts.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.