The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court’s improper sentencing (20 years of imprisonment, confiscation) is too uneased and unreasonable.

B. The judgment of the court below that dismissed the request for attachment order of an electronic tracking device even if the requester for the attachment order, who requested the attachment order, had a risk of repeating murder again, is improper.

2. Determination

A. Considering the unique area regarding the sentencing of the first instance that is respected under the principle of court priority and the principle of direct determination under the Criminal Procedure Act for determining the unfair argument of sentencing, and the ex post facto core nature of the appellate court, the determination of sentencing of the first instance was exceeded the reasonable scope of discretion in light of the following factors: (a) the conditions on the sentencing specified in the process of the first instance sentencing examination; and (b) the sentencing guidelines, etc.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

Unless there exist such exceptional circumstances, it is desirable to respect the sentencing of the first instance trial (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant crime committed the instant murder by a victim living together for about six years with a knife, and then cut the body of both arms and legs into a knife to conceal one’s own crime, throw the body into a forest or tent, throw the cell phone used by the victim into a forest or tent, throw the cell phone used by the victim. The crime is extremely poor, the degree of damage is very serious, and the Defendant was subject to a disposition such as suspension of indictment for committing a crime causing violence to the victim, which was again sentenced to imprisonment with prison labor for the victim, and was still under suspension of execution, and the mother of the victim was found to have committed the instant murder without being inconsistent with the victim’s report of disappearance.