The appeal is dismissed.

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court is justifiable to have determined that the instant institution of the prosecution cannot be deemed to have significantly deviates from the discretionary power of the prosecution, on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on abuse of prosecution power.

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