Examining various circumstances, such as the Defendant’s age and behavior intelligence and environment, relationship with the victim, motive means and consequence of the instant crime, and circumstances after the crime, etc., the determination of the lower court’s sentence, which maintained the first instance judgment that sentenced to 17 years of imprisonment with prison labor, is extremely unfair even when considering the circumstances asserted by the Defendant.

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