The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the court below is just to reverse the judgment of the court of first instance and to dismiss the prosecution on the facts charged of this case, which are the crime of non-compliance with will, on the grounds as stated in its reasoning, since it can be recognized that the victim expressed his intention not to prosecute prior to the institution of prosecution, and thus, the procedure of prosecution constitutes null and void in violation of the provisions of Acts, and contrary to what is alleged in

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