The argument that the judgment of the court below contains an error of deviation from sentencing discretion is ultimately an unfair argument of sentencing.

However, examining various circumstances that form the conditions for sentencing as indicated in the record, such as the Defendant’s age and character environment, relationship with the victim, motive, means and consequence of the instant crime, etc., even if considering the circumstances asserted in the grounds of appeal, it cannot be deemed extremely unfair to maintain the judgment of the first instance court that sentenced the Defendant to 10 years of imprisonment with prison labor.

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