The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

(a) The person did not have the intention of escape because he did not know of a mistake of fact;

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. The court below rejected the above assertion by the defendant's assertion of the same assertion in the court below, and the court below stated the defendant's assertion and its judgment in the column of evidence among the judgment. The court below's determination is just and acceptable, and there is no error of law by misunderstanding facts and affecting the conclusion of the judgment.

Therefore, this part of the defendant's argument is without merit.

B. In full view of the following: (a) all the sentencing conditions shown in the instant sentencing records and arguments, and the vehicles operated by the Defendant are covered by comprehensive insurance; and (b) the Defendant agreed with the victim, the lower court’s sentence is too unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on its reasoning, and the judgment below is ruled again as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and selection of fines concerning the crime

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;