철도안전법위반
The prosecutor's appeal is dismissed.
1. The sentence sentenced by the first instance court (for 6 months of imprisonment and 2 years of suspended execution) on the summary of the grounds for appeal (unfair sentencing) is too uneasy and unreasonable.
2. Although there are two disadvantageous circumstances, such as the Defendant’s previous convictions and two times of punishment, the Defendant’s mistake is divided, and there is no change in the sentencing conditions that may be considered in the appellate trial, as well as other various circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, it is difficult to view that the sentence of the first instance court is too uneasible and unfair.
Therefore, the prosecutor's above argument of sentencing is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.