The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, who is the spouse of mistake of facts, demanded the victim to clearly disclose the victim’s identity on the ground that the victim D, who is the spouse, has passed through another male. The Defendant did not compel the victim to prepare the instant agreement by insulting the victim, or by assaulting or threatening the victim, by holding a window as stated in the facts charged and causing a large voice so that neighbors may hear.

B. The sentence imposed by the lower court (six months of imprisonment, two years of suspended execution, two years of probation) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the lower court may sufficiently recognize the fact that the Defendant opened the apartment window to insult the victim, and to force the victim to prepare the instant agreement by assaulting or threatening the victim to make a confession of the fact that he/she has passed with another male during a long-term period of time, as stated in its reasoning.

Therefore, the defendant's above assertion is without merit.

B. The circumstances favorable to the Defendant are that the Defendant did not have any history of punishment for the same kind of crime, and that the Defendant was in a party trial, and that the victim did not want the punishment against the Defendant by mutual consent with the victim.

However, even before committing the instant crime, the Defendant was subject to a protective disposition due to domestic violence, such as injuring the victim even before committing the instant crime, and the Defendant’s personal character, behavior, family relationship, etc. are considerably poor by forcing the victim to make a prompt confession through various means over a long period to the victim in order to get his/her confession during the process of arresting the victim. It appears that the mental damage suffered by the victim is reasonable at the time of committing the instant crime.