The argument that the lower court erred by misapprehending the legal doctrine on the sentencing hearing, sentencing determination, and the reasoning for reversal, or by violating the principle of propriety, which is the content of the criminal justice, constitutes an unfair argument in sentencing.

However, considering various circumstances, such as the Defendant’s age character and conduct, intelligence and environment, relationship with the victim, motive means and consequence of the instant crime, and circumstances after the crime, the determination of the sentence of the lower court, which maintained the first instance judgment that sentenced the Defendant to five years’ imprisonment, is extremely unfair, even in light of the circumstances asserted by the national defense counsel.

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