The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court upheld the first instance judgment dismissing a public prosecution on the grounds that the procedure for instituting public prosecution constitutes invalid because the victim expressed his/her intention not to prosecute prior to the institution of public prosecution.

The judgment below

In light of the records, the above determination by the court below is just, and there is no error in the misapprehension of the legal principles as to the punishment of the non-violation of intent as 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.