The appeal is dismissed.

The grounds of appeal are examined.

On the grounds indicated in its reasoning, the lower court reversed the first instance judgment and rendered a judgment dismissing the prosecution on the grounds that the procedure for prosecution constituted invalid because the victim expressed his intention not to prosecute prior to the institution of prosecution on the assault included in the facts charged of this case, on the grounds that there was no proof of crime, and the victim expressed his intention not to prosecute.

In light of the record, the lower court did not err by misapprehending the logical and empirical rules and exceeding the bounds of free evaluation of evidence, contrary to what is alleged in the grounds of appeal.

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