The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

1. Summary of grounds for appeal;

A. In fact, the Defendant did not have a criminal intent to escape since he/she left the scene to take measures after an accident to the J, who was sentenced to death villages, and to seek agreed money.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

(c)

There was no opportunity to attend the original judgment because the existence of the grounds for the request for retrial was different from the fact that the original judgment was in progress.

2. Determination as to the existence of grounds for request for retrial

A. In a case where the accused of the relevant legal doctrine is found guilty of having been absent pursuant to the main sentence of Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter “Litigation Promotion”), and the accused is not able to attend a trial due to a cause not attributable to him/her, he/she may request a review of the conviction pursuant to Article 23-2(1) of the Litigation Promotion Act.

As to the judgment of the first instance court rendered guilty without the defendant's statement pursuant to Article 23 of the Litigation Promotion Act, in cases where the defendant claimed for recovery of the right to appeal and accepted it on the grounds that the defendant or his/her representative could not file an appeal within the period for filing an appeal for reasons not attributable to him/her pursuant to Article 23-2 (1) of the Litigation Promotion Act, if such grounds include circumstances in which the defendant could not be present in the trial due to reasons not attributable to him/her, it is reasonable to view that the above provisions of the Criminal Procedure Act indicate that there exists a reason for requesting a retrial, and that the grounds for appeal corresponding to "when a ground for requesting a retrial exists" under Article 361-5 (13) of the Criminal Procedure Act are asserted.

Therefore, the appellate court should examine whether there are grounds for the request for a retrial under the above retrial provision.

If it is recognized, the judgment of the first instance court shall be reversed, and it shall be judged again according to the results of new hearings, after the new litigation procedures are conducted, such as serving a duplicate of indictment, etc.