The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the part of the defendant's case, the punishment (14 years of imprisonment) sentenced by the court below to the defendant and the person for whom the attachment order was requested or the person for whom the probation order was requested (hereinafter referred to as "defendant") is deemed unreasonable.

In particular, according to the sentencing guidelines, the crime of this case is subject to the application of “non-competence,” which is an aggravated factor among the special sentencing factors, and the scope of the recommended sentence should be applied for more than 15 years, which is the aggravated area of imprisonment.

B. It is improper for the court below to dismiss a defendant's request for an attachment order and a probation order, even if the defendant's request for an attachment order and a probation order are recognized as a risk of recidivism.

2. Determination

A. 1) The summary of the instant crime is as follows: (a) the Defendant demanded 7 million won to the victim who was raised by a de facto marital couple for about five years, but was rejected, the Defendant’s refusal to do so would have caused the death by separating the victim’s title, who was locked from a diving toilet on the following day, from both hands and hand. (b) First, we examine the argument that the recommended area of the sentencing guidelines should be applied as an aggravated area.

The prosecutor asserts that the crime of this case should be applied with respect to the crime of murder, which is an aggravated element among the special sponsers.

According to the sentencing guidelines, "no-competence" means a case that justifys one's own crime without any reply or explanation of his/her criminal liability even though he/she recognizes his/her criminal act.

According to the records of this case, although the defendant does not seem to sleep the death of the victim immediately after the crime, the defendant shows a situation in which sleeps and reflects his own crime.

Then, the term "aggressive murder" in the sentencing guidelines means the preparation and possession of the crime tool, the (b) prior public offering, and the (c) public offering.