The appeal is dismissed.

The grounds of appeal are examined.

The argument that the lower court’s determination of sentencing contains an error of mistake of facts as to the degree of Defendant’s participation in the crime is ultimately unfair.

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 first instance judgment that sentenced the Defendant to seven years of imprisonment with labor.

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