Examining various circumstances, including the Defendant’s age, 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 punishment, which maintained the first instance judgment that sentenced the Defendant to ten years of imprisonment, is extremely unfair even when considering the circumstances asserted by the defense counsel.

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