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 instant crime, etc., the determination of the lower court’s sentence, which upheld the first instance judgment that sentenced 17 years to imprisonment with prison labor, is extremely unfair even when considering the circumstances asserted by the Defendant and the public defender.

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