Yup. Because whether there are people or not, I don’t think, is actually relevant to the crime being committed.
I also think attempted murder, and successful murder should have the same sentence. Whether it was successful shouldn’t matter for the punishment. They shouldn’t get off with a lighter sentence just because they did a shit job, or because the person was too tough to die.
They already had to make the APK for the Play Store, providing it directly doesn’t require extra dev work.