The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant and the respondent for an order to attach an electronic device (hereinafter referred to as “Defendant”) (20 years of imprisonment, 10 years of disclosure and notification of information, and 10 years of return) is deemed unreasonable.

B. In light of the risk of the wrongful recidivism during the period of the attachment order, the attachment order of an electronic tracking device ordered by the court below for 20 years is too short and unfair.

2. Determination

A. The crime of this case on the assertion of unfair sentencing is the crime of this case committed against the defendant, since the defendant drinks alcohol with the victim C (hereinafter referred to as the "victim") who had a coffee delivery and took the head on the floor when the victim resists the victim's face in the course of rape, leaving his/her head on the floor, and killing the victim's neck. The method of the crime is harsh. The crime is also a woman escaping from North Korea who has been making efforts to maintain his/her livelihood through coffee delivery, etc., and the crime is not poor in light of the fact that the victim's desire to settle in the Korean society after the escape from North Korea was born, the bereaved family members of the deceased victim (hers AB, etc.) wanted to punish the defendant, and did not recover damage to the victim, and the crime is committed against the defendant during the normal crime of this case, including theft, fraud, special larceny, violation of the Punishment of Violence, etc. Act, punishment of a criminal offense, punishment of a criminal offense, etc., and imprisonment with prison labor during the criminal period of this case.

On the other hand, the defendant recognized his mistake and voluntarily surrendered at the police station, and the circumstances leading to the rape of this case were committed in the process of delivering the price and drinking together after having sexual intercourse with the victim who has been delivered a coffee at the apartment where the defendant was well aware, and the defendant himself was also aware of the harsh consequences of the crime of this case.