The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal rejected the E’s statement, which is a valuable evidence as to the facts charged of this case, on the grounds that the credibility of the E’s statement is nonexistent, but the E’s statement is consistent and concrete, and its credibility is considerably high, the Defendant’s statement is reversed from the police stage to the stage of the original trial, and its contents are not reliable, and the Defendant’s statement is not reliable in light of the circumstances, although the facts charged of this case is found guilty, the lower court acquitted the Defendant of the facts charged of this case. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. The prosecutor of the ancillary charge applied for the amendment of the indictment with respect to the addition of the ancillary charge to the ancillary charge while maintaining the original charge as the primary charge, and this court permitted the addition to the charge.

[Preliminary facts charged] On May 10, 2007, the Defendant was sentenced to imprisonment with prison labor for one year and two months, and three years of suspension of execution for a violation of the Act on the Control of Narcotics, etc. at Busan District Court, and sentenced to imprisonment with prison labor for the same crime at the Daegu District Court on February 19, 2008, which was under suspension of execution, and dismissed, but the suspension of execution was invalidated upon the final judgment on April 30, 2008. On May 25, 2009, the execution of each of the above punishment was completed in the Jeonju Prison.

Although the Defendant is not a person handling narcotics, on March 31, 2010, at around 21:27, 2010, the Defendant intended to receive 720,000 won of the Defendant’s wife’s agricultural bank account (number : G) from E, which was known to the Busan District captain D or lower, and from E, which was known to the Jinju prison, to receive psychotropic drugs from the Jinju prison, and sell psychotropic drugs.