In a case where Defendant was indicted for violation of the Narcotics Control Act by smuggling import of nittrite ingredients designated as temporary psychotropic drugs, the case holding that Defendant acquitted Defendant on the ground that the classification of nittrite ingredients into temporary psychotropic drugs under Article 2 subparagraph 3 (a) of the Narcotics Control Act, which are the administrative rules of the Ministry of Food and Drug Safety No. 2013-271 [1] No. 60 per annum, 60 per annum, is invalid since it exceeds the scope delegated by the mother law.

In a case where Defendant was indicted for violation of the Narcotics Control Act (hereinafter “Act”) by pushing ahead with the interesting agents of nitroky nitrite component designated as temporary psychotropic drugs (hereinafter “clky nittrite”), the case holding that the Defendant’s temporary narcotics, among the psychotropic drugs, can be punished heavily on the ground that the possibility of misuse and abuse, physical or mental dependence, etc. equivalent to the psychotropic drugs under Article 2 subparag. 3(a) of the Act is recognized, on the ground that it is difficult to view the degree of psychotropic drugs equivalent to the psychotropic drugs under Article 2 subparag. 3(a) of the Act, which was delegated by the Minister of Food and Drug Safety pursuant to Article 2 subparag. 3(a) of the Act (amended by Act No. 2514, Apr. 25, 2014).

Articles 12(1), 40, 75, and 95 of the Constitution of the Republic of Korea; Article 4(2) of the Framework Act on Administrative Regulations; Articles 2 subparag. 3(a), 3 subparag. 5, 4(1), and 58(1)3 of the Narcotics Control Act; Article 5-2 of the former Narcotics Control Act (Amended by Act No. 12495, Mar. 18, 2014); Article 325 of the Criminal Procedure Act

Defendant

Defendant

Kim Jong-su et al.

Attorney Kim Sang-hoon

Seoul Central District Court Decision 2014Gohap482 Decided June 20, 2014

The judgment of the first instance is reversed. The defendant is innocent.

1. Summary of grounds for appeal;

The Defendant was unaware of the circumstances, which are temporary psychotropic drugs under the Act on the Control of Narcotics, Etc. (hereinafter “Act”), where the above substances are strictly regulated in the Republic of Korea, in importing nitrite ingredients. In Australia, the mother country of the Defendant believed that his act is permissible when legally purchasing the above substances from adult product stores without prescription. Although there are justifiable grounds, the first instance court, which convicted the Defendant, did not constitute a crime under Article 16 of the Criminal Act, erred by misapprehending the legal principles on the recognition of illegality, thereby adversely affecting the conclusion of the judgment.

2. Ex officio determination

The defendant's grounds for appeal are examined ex officio prior to the judgment.

A. Summary of the facts charged

On April 2014, the Defendant, at the home of the Seoul Special Metropolitan City, Gwanak-gu, and 407, discovered “△△△△△△△△△.com, which is a site that sells narcotics by accessing the Internet search site “○○○” using a computer, and ordered temporary psychotropic drug psychotropic drugs (hereinafter “Isobuty nitte”) to do so, and paid 10 US dollars in the suspect’s name CBA (monwealth Bank), which is the price for which the Defendant paid to the Defendant’s 10 US dollars. In collusion, the operator of the above site in Hong Kong, who was affiliated with the Hong Kong, 207, sent 3 10 U.S. 10 S. 4. 7. 4. 7. 4. 7. 7. 4. 7. 4. 207, the Defendant, who was the recipient of the Defendant’s temporary psychotropic drugs, received the said 30. 4. 4. 7. 7. 4. . 7. 1. Ga. Ma. 1, Incheon. . . . 4.

B. Relevant provisions

(1) Relevant statutes

The definitions of terms used in this Act are as follows:

3. The term "psychotropic drug" means a drug that may affect the human central system, thus deemed, if misused or abused it, to cause serious harm and danger to human body, and that falls under any of the following items and shall be determined by Presidential Decree:

(a) A drug or a substance containing such a drug which has a high potential for misuse or abuse and currently has no accepted medical use in treatment, any misuse or abuse of which may lead to severe physical or psychological dependence due to lack of safety;

(b) A drug or a substance containing such a drug which has a high potential for misuse or abuse and has very limited medical uses in treatment, any misuse or abuse of which may lead to severe physical or psychological dependence;

(c) A drug or a substance containing such a drug which has relatively less potential for misuse or abuse than those listed in items (a) and (b) and currently has been used for medical treatment, any misuse or abuse of which may lead to severe physical dependence or severe psychological dependence;

(d) A drug or a substance containing such a drug which has relatively less potential for misuse or abuse than those listed in item (c) and currently has been used for medical treatment, any misuse or abuse of which may cause physical or psychological dependence than those listed in item (c) above;

(e) A mixture or preparation that contains the substances listed in items (a) through (d), except those prescribed by Ordinance of the Prime Minister, which are mixed with other drugs or substances and cannot be re-manufactured or re-manufactured as those listed in items (a) through (d) and which do not cause any physical or mental dependence by it;

Article 3 (General Prohibition of Acts) No person shall commit any of the following acts:

5. Carrying, possessing, using, controlling, exporting, importing, manufacturing, trading, assisting in the trade of, or receiving, the psychotropic drugs under subparagraph 3 (a) of Article 2 or other psychotropic drugs containing them: Provided, That the same shall not apply where approval has been obtained from the Minister of Food and Drug Safety, as prescribed by Presidential Decree;

Article 4 (Prohibition of Handling Narcotics by Person Other than Person Handling Narcotics, etc.)

(1) No person other than a person handling narcotics shall engage in any of the following acts:

1. An act of carrying, possessing, using, transporting, controlling, importing, exporting, manufacturing, preparing, administering, giving or receiving, trading, assisting in trade of, or delivering narcotics or psychotropic drugs;

Article 58 (Penal Provisions)

(1) Any of the following persons shall be punished by imprisonment for life or for not less than five years:

1. A person who exports, imports, manufactures, trades, or assists in the trade of, or assists in the trade of, narcotics or temporary narcotics, in violation of subparagraphs 2 and 3 of Article 3 (including cases applied mutatis mutandis in Article 5-2 (5); hereafter the same shall apply in this Article through Article 61), Article 4 (1), 5-2 (4) (excluding persons falling under paragraph (2) of the same Article; hereafter the same shall apply in this Chapter), 18 (1), or 21 (1);

3. A person who manufactures, exports, imports, trades, assists in the trade of, gives, or receives, psychotropic drugs falling under subparagraph 3 (a) of Article 2 or other psychotropic drugs containing such substances, or who holds or possesses them for such purpose, in violation of subparagraph 5 of Article 3;

6. A person who manufactures, exports, or imports psychotropic drugs falling under subparagraph 3 (b) of Article 2 or those containing such substances, or who holds or possesses them for such purpose, in violation of Article 4 (1);

Article 59 (Penal Provisions)

(1) Any of the following persons shall be punished by imprisonment with prison labor for not less than one year:

10. A person who manufactures, exports, or imports psychotropic drugs falling under subparagraph 3 (c) of Article 2 or other psychotropic drugs containing their substance, or who holds or possesses them for such purpose, in violation of Article 4 (1);

Article 60 (Penal Provisions)

(1) Any of the following persons shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 100 million won:

3. A person who manufactures, exports, or imports psychotropic drugs falling under subparagraph 3 (d) of Article 2 or those containing such substances, or who holds or possesses them for such purpose, in violation of Article 4 (1);

Article 5-2 (Designation, etc. of Temporary Narcotics) Article 5-2 of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 12495, Mar. 18, 2014; hereinafter “former Act”).

(1) The Minister of Food and Drug Safety may designate substances, etc. which are not narcotics, etc. as temporary narcotics, etc., for which it is deemed necessary to be handled and controlled urgently due to potential misuse or abuse of narcotics, etc. among substances, pharmaceutical substances, preparations, products, etc. (hereafter referred to as "materials, etc." in this Article): Provided, That the following drugs shall be excluded from those subject to designation:

1. Drugs for which marketing approval has been obtained or notification has been made by the Minister of Food and Drug Safety pursuant to Article 31 (2) and (3) of the Pharmaceutical Affairs Act;

2. Drugs for clinical trials approved by the Minister of Food and Drug Safety pursuant to Article 34 (1) of the Pharmaceutical Affairs Act;

(2) When the Minister of Food and Drug Safety intends to designate temporary narcotics, he/she shall pre-announce the following matters in the Official Gazette or on its Internet homepage for at least one month after consultation with related agencies prescribed by Presidential Decree, and shall publicly notify the following matters in the Official Gazette or on its Internet homepage when designating temporary

1. Reasons for designating temporary narcotics;

2. Name of temporary narcotics;

3. Classification of temporary narcotics, temporary psychotropic drugs or temporary marijuana;

4. Matters concerning the designation of temporary narcotics, such as a period of validity of designation of temporary narcotics.

(3) The designation of temporary narcotics under paragraph (2) shall be effective for one year from the date of public announcement: Provided, That in cases of intending to designate temporary narcotics as narcotics, such designation may be extended by up to six months.

(4) No person shall possess, possess, use, transport, manage, import, export, manufacture, prepare, administer, administer, trade, assist in the trade of, give or receive, or provide temporary narcotics or temporary psychotropic drugs, or cultivate, possess, possess, give or receive, transport, store, or use temporary marijuana, or issue a prescription stating temporary narcotics or temporary psychotropic drugs (hereinafter referred to as "abscking").

(5) Articles 3, 5 (2) and (3), 41 and 47 shall apply mutatis mutandis to the handling, disposal, etc. of temporary narcotics. In such cases, "narcotics" shall be deemed "temporary narcotics," "narcotics" shall be deemed "temporary narcotics," "psychotropic drugs" shall be deemed "temporary narcotics," "psychotropic drugs" shall be deemed "temporary psychotropic drugs," and "mariana" shall be deemed "temporary marijuana," respectively.

(2) Notice of Ministry of Food and Drug Safety No. 2013-271 (No. 10 December 2013)

[1] List of Designation of Temporary Narcotics (including reasons for designation, effective period, classification)

Table ‘The Contents of Designated Grounds' in the main text ‘The structural and effective classification â‘, b. the pharmacological effect â………§. side effects and harmful cases â……§. (d) Whether to bring in or distribute in the Republic of Korea â………………………………………………………………………………

○ The following shall be its salts and ethic body or ethic body salt:

The case holding that only seven kinds of 7 chemical name included in the table name included in the main sentence are applied to 60 kyl nitrite (ppers, rush, spperpers and lappers) classified into the effective period of the reasons for designation, and that Douty niitrite, Douty niitrite, pyl niitrite, pent niitrite, tertisiitrite, tertisiittrite, territhical niittrite, cyl niittrite, cyl niittrite, buty niitrite, and other substances [Article 2 subparagraph 3(a) of the Act] on December 10, 2013; the case holding that it is possible for the Korea Customs Service to detect and expand the blood pressure of the deceased; the 1st century and the 1stmathic toxicity of the Japanese National Police Agency and the 2ndic typulic ty.

C. Determination

(1) Grounds for punishment of the charged facts of this case

(A) Article 58(1)3, Article 3 subparag. 5, Article 2 subparag. 3(a) of the Act, and Article 5-2(5) of the former Act are the legal provisions that apply to the indictment of this case.

Article 5-2 (1) of the former Act provides that "the Minister of Food and Drug Safety may designate substances, drugs, preparations, products, etc., other than narcotics (hereafter referred to as "materials, etc." in this Article), which are deemed necessary to be treated and controlled urgently as equivalent to narcotics, etc. as temporary narcotics, etc. in consultation with related agencies prescribed by Presidential Decree, and Article 5-2 (2) of the same Act provides that "When the Minister of Food and Drug Safety intends to designate temporary narcotics, he/she shall give prior notice of the following matters on the Official Gazette and Internet homepage for at least one month after consultation with the relevant agencies prescribed by Presidential Decree, and when he/she designates temporary narcotics, he/she shall announce the following matters on the Official Gazette and Internet homepage: 1. 2. The reason for the designation of temporary narcotics, etc.; 3. The classification of temporary narcotics, temporary psychotropic drugs, or temporary marijuana, the effective period of designation, etc., and Article 5-2 (5) of the same Act provides that "temporary narcotics, etc." in this case shall be construed as "temporary drugs, etc.".

In addition, Article 2 subparag. 3 of the Act defines drugs or substances deemed to have serious harm to human body when misused or abused them, as psychotropic drugs, and classify them into Item (a) through (d) according to the seriousness of the misuse or abuse of them, whether they are used for medical treatment, lack of safety, and whether physical or mental dependence occurs. In relation to handling of psychotropic drugs, in violation of subparagraph 5 of Article 3 of the Act, the act of importing psychotropic drugs under subparagraph 3 (a) of Article 2 of the Act and the act of importing psychotropic drugs under subparagraph 3 (b) of Article 2 of the Act by a person other than a person handling narcotics, in violation of subparagraph 3 (a) of Article 3 of the Act, shall be punished by imprisonment for life or for not less than five years (Article 58(1)3 and 6, and Article 4(1) of the Act), and the act of importing psychotropic drugs under Article 2 subparag. 3 (c) of the Act by a person other than a person handling narcotics shall be punished by imprisonment for not more than one year (Article 10 (1) through (3) of the Act). 4).

(B) Meanwhile, pursuant to Article 5-2 of the former Act, the Minister of Food and Drug Safety, on December 10, 2013, designated materials as temporary narcotics from No. 2013-271 of the Ministry of Food and Drug Safety (hereinafter “instant public notice”) [1] No. 60 per annum of the year referred to in Article 2013-271 of the Public Notice of the Ministry of Food and Drug Safety (hereinafter “instant public notice”) [the chemical name of alkyl niittrite and nittrite are the chemical name of alkyl nittrite] and classify them into temporary psychotropic drugs under Article 2 subparag. 3(a) of the Act.

(C) Therefore, in addition to Article 58(1)3, Article 3 subparag. 5, Article 2 subparag. 3(a) and Article 5-2(5) of the former Act, which are applicable provisions of the Act as mentioned earlier, the annual announcement No. 60 of the instant case is also applicable to the instant facts charged.

(2) Whether the form of delegation is unconstitutional

According to the above provisions, Article 5-2 of the former Act punishs substances designated as temporary narcotics in the same way as narcotics, and directly delegates the designation of temporary narcotics to the Minister of Food and Drug Safety instead of the Presidential Decree and other laws and regulations. First, it is examined whether Article 5-2 of the former Act directly delegates the authority to designate temporary narcotics, which is part of the elements of the punishment law, to the Minister of Food and Drug Safety.

(A) Relevant legal principles

Today, the motive of allowing administrative legislation within a certain scope by converting the legislative monopolyism from the legislative monopolyism to the legislative centralizedism is a functional separation theory that makes it difficult to cope with the modern society. Considering the meaning of Article 40 of the Constitution and Articles 75 and 95 of the Constitution, legislators may choose the form of discipline, and administrative agencies, other than legislative agencies, have the authority to establish laws with respect to matters delegated by the National Assembly, which are specific scope by law, etc. Therefore, the form of delegated legislation recognized by the Constitution shall be deemed as an example. Even if a law delegates certain matters to administrative regulations, administrative rules are not inconsistent with the legislative principles of the National Assembly. However, administrative rules do not require strict enactment and amendment procedures such as statutory order, and if a law that restricts fundamental rights is delegated to legislative delegation, it is desirable to delegate legislation such as Presidential Decree, Ordinance of the Prime Minister, Ordinance of the Ministry, and Ordinance of the Ministry, and if it is inevitable in the form of delegation or notification, it shall be limited to specific matters under the proviso to Article 28(1) of the Framework Act.

In addition, in light of the increase of the social functions of modern countries and complexity of social phenomenon, all of the penal laws cannot be determined only by the laws enacted by the legislative department. Thus, delegation of the penal laws to the administrative department is allowed. Since Article 75 of the Constitution, which provides for the basis and limit of delegation legislation, is applied to matters concerning crimes and punishment, the principle of prohibition of comprehensive delegation of statutes is also a problem. Therefore, in such cases, through the examination of the principle of prohibition of comprehensive delegation of statutes on punishment laws, the constitutionality of delegation should be determined through the examination of the principle of prohibition of delegation of statutes, but the standard of necessity and predictability should be more strict interpretation and application considering the principle of clarity in the Constitution. In this regard, delegation of the penal laws should be limited to cases where it is not desirable in light of the principle of no punishment without law and due process, and the idea of guaranteeing fundamental rights. Second, delegation of the penal laws should be limited to cases where there is an urgent need, in particular, or where there are unavoidable circumstances that can not be determined by the law in advance.

(B) Determination

(5) The provisional narcotics designation system under Article 5-2 of the former Act does not constitute a violation of the Act on the Control of Narcotics, Etc. (Article 5-2 of the Enforcement Decree of the Act) for the following reasons recognized by the evidence duly adopted and examined: ① New hallucinogenic substances continuously introduced into the Republic of Korea through the Internet or foreigners, and frequently abused and abused them; however, there were considerable difficulties in timely blocking and control due to the lack of regulatory means; while new and similar narcotics rapidly increase, more than six months have passed since it is difficult to rapidly respond to the amendment of the Enforcement Decree of the Act on the Control of Narcotics, etc. (Article 5-2 of the Enforcement Decree of the Act) for more than 10 months since the rapid spread of similar narcotics in the Republic of Korea and serious adverse effects on the health and health of the people; ② the designation of temporary narcotics, etc., which were newly introduced by Act No. 10786 of Jun. 7, 201 to the extent that it can be seen as a violation of the Act on the Control of Narcotics, Etc. (Article 2).).

(3) Whether the instant announcement deviates from the scope of delegation No. 60 per annum

(A) Criteria for determining whether the delegation scope deviates from

According to the records, while designating 60 substances, including Alkyl nitrite, which is a part of the Russian component in this case, as temporary narcotics, the public notice of this case is classified into temporary psychotropic drugs under Article 2 subparag. 3(a) of the Act for all of the above 60 substances.

Article 2 subparag. 3 of the former Pharmaceutical Affairs Act provides for the following: (a) the extent of punishment for temporary narcotics containing physical or mental dependence on the corresponding psychotropic substances can be classified into three separate categories; (b) the extent of punishment for temporary narcotics under Article 2 subparag. 3 of the Act can be classified into three separate categories; (c) the temporary narcotics containing no physical or mental dependence on the corresponding psychotropic substances; and (d) the temporary narcotics cannot be classified into three separate categories; (d) the temporary narcotics containing no physical or mental dependence on the corresponding psychotropic substances so that the temporary narcotics cannot be classified into three separate categories of psychotropic substances; (d) the temporary narcotics cannot be classified into three separate categories of psychotropic substances; and (e) the new psychotropic substances cannot be classified into three separate categories of psychotropic substances; and (e) the new psychotropic substances cannot be classified into three separate categories of psychotropic substances; and (e) the new psychotropic substances cannot be classified into three separate categories of psychotropic substances under Article 2 subparag. 3(a) through (e) of the former Pharmaceutical Affairs Act; and thus, the same provision may apply mutatis mutandis to new psychotropic substances.

(B) Whether it is equivalent to the psychotropic drugs under Article 2 subparagraph 3 (a) of the Act

Alkyl nitrite becomes a social problem with women's interest products, and thus, a request for the designation of temporary narcotics was made by related agencies, such as the National Police Agency, etc., and there was possibility of causing other blood fluoral expansions, loss of food for sick, loss of heart, and sculpation for 18 months, and there was a possibility of sculpism and dependence in periodically using them, and it was reported that acute toxicity (defluorum pressure, cardiomathy), chronic toxicity, and chronic toxicity (defluority), and it was designated as temporary narcotics on the ground that it was under regulation in Japan. The 60th annual notice of this case is divided into temporary psychotropic drugs under Article 2 subparag. 3(a) of the Act. However, in order to determine whether to punish nitrite with psychotropic drugs under Article 2 subparag. 3(a) of the Act, physical or mental dependence on psychotropic substances under Article 2 subparag. 3(a) of the Act.

1) Regarding the mid-to long-term boundary effect

On the other hand, according to the public notice of this case, 59 of 60 of the 60 of the psychotropic drugs designated as temporary psychotropic drugs is classified as synthetic hemp and Alkyl nicom, etc. among structural and effective classification groups, and is classified as "other" only alkyl nicom, and 20 of the 60 of the 60 of the 60 of the 60 of the 60 of the 60 of the 60 of the 60 of the 60 of the 60 of the 60 of the 60 of the 60 of the psychotropic drugs, and the 59 of the 50 of the 60 of the 60 of the 60 of the 60 of the 60 of the 60 of the 60 of the 60 of the 10 of the 15 of the 10 of the 2014 of the 15 of the 2014 of the 2014 of the 201.

2) As to whether medical treatment is used and the lack of safety

Article 2 subparag. 3(a) of the Act provides that the drug shall not be used for medical treatment and safety shall be lacking. In other words, the following circumstances acknowledged by the record are explained as follows: ① Isbuty ninitrote (the chemical name of Isuly ninitrote and Alkyl nitrotra) which is similar to Amy nitrote (Amy ninitrote). Smuggling is currently produced and distributed as medicine ingredients in the name of "Amy nitrophy nitrot" in the Republic of Korea. Thus, if an Amtrarate similar in the efficacy is used for medical treatment in the Republic of Korea, it is not likely to be used or used for medical treatment, and there is no need to see that Emtra is distinguished from the evidence of the nature that can be used or used for medical treatment, and there is no need to see the evidence of the nature that the public prosecutor submitted as 90 U.S. 20% of the necessary medical treatment and response.

3) Concerning concerns of misuse and abuse and physical and mental dependence

Article 2 subparag. 3 (a) of the Act provides that physical or mental dependence may be misused or abused in order to constitute a psychotropic drug (temporary). In other words, the following circumstances acknowledged by the record: ① Developation into the well-known LCR published in the U.K.; ② Develop from the thesis, “Develop to humisuse” the materials of subparagraph 3 (a) of Article 2 of the Act are “ELSD”; 4-MTA” the materials of Article 2 subparag. 3 (b) of the Act are indicated in Group A; and the materials of Article 2 subparag. 3 (b) of the Act are not likely to be misused or abused; and the materials of Article 2 subparag. 3 (b) of the Act, which are the materials of Article 2 subparag. 3 (c) of the Act, are indicated at least the figures of No. 3 (E) of the Act; and the materials of Article 2 subparag. 3 (c) of the Act, which are the materials of No. 3rd Group.

4) Ultimately, in light of whether nitrot's psychotropic drugs act as above, whether it is medical use and stability, danger of misuse and abuse, and physical or mental dependence, etc., it is difficult to see Alt's alky's psychotropic drugs at least equivalent to psychotropic drugs under Article 2 subparagraph 3 (a) (a) of the Act. Thus, it is deemed that the classification of Alt's alky's 60th of the announcement of this case into temporary psychotropic drugs under Article 2 subparagraph 3 (a) (a) of the Act is null and void.

(4) The theory of lawsuit

The facts charged in this case against the defendant are applied No. 60 per annum, and the classification of nitrot to be known at 60 per annum falls under Article 2 subparagraph 3 (a) of the Act is deemed null and void beyond the scope delegated by Article 5-2 of the Act. Thus, the facts charged in this case should be pronounced not guilty on the ground that "the defendant's case is not a crime" under the former part of Article 325 of the Criminal Procedure Act. However, the judgment of the court of first instance which found the defendant guilty on the other ground of this conclusion is erroneous in the misapprehension of legal principles as to the illegality of 60 per annum, which is applicable to the facts charged in this case, which affected the conclusion of the judgment.

3. Conclusion

Therefore, the judgment of the court of first instance is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the misapprehension of legal principles as to the recognition of illegality of the defendant, and it is again decided as follows.

[Grounds for multi-use Judgment]

The summary of the facts charged in this case is the same as that of Article 2-1(a) and Article 2-3(c) of the Criminal Procedure Act, since the facts charged in this case do not constitute a crime, it is so decided as per Disposition by the assent of all participating Justices on the bench.

Judges Kim Sang-ok (Presiding Judge)

(1) In other words, (1) a drug or a substance containing such a drug, which has a high potential for misuse or abuse and has no potential for medical treatment, any misuse or abuse of which may lead to severe physical or mental dependence, and any misuse or abuse of which may lead to severe physical or mental dependence, (2) a drug or a substance containing such a drug, which has a high potential for misuse or abuse, and is used exclusively for very limited medical treatment, and in case of misuse or abuse, a drug or a substance containing such a drug, any misuse or abuse of which may lead to severe physical or mental dependence, are relatively less likely to be misused or abuse than those referred to in subparagraph 3 (b) of Article 2 of the Act, (3) (a) and (b) a substance used for medical treatment, and any substance containing such a drug or a substance containing such a drug, any misuse or abuse of which may lead to relatively less severe physical or mental dependence than those referred to in subparagraph 3 (c) (c) of Article 2 of the Act, and any misuse or abuse of which is used for medical treatment, and any substance or any substance containing subparagraph 3 (d) through (c) through (d) of Article 2);

2) The period required for consultation between ministries, pre-announcement of legislation, review of regulatory reform committee, review of Ministry of Government Legislation, and deliberation by the State Council (see, e.g., review and report on amendment of the Act on the Control of Narcotics, etc. submitted by the Government to the National Assembly of Health and Welfare Committee

3) In the case of Japan, no provision on criminal punishment, such as the Act on the Control of Narcotics, Etc., can be found in the same regulation as our Provisional Narcotics. In other words, Japan prohibits the use of drugs for purposes other than the manufacture, import, sale, granting, possession, purchase, transfer, medical care, etc. of designated drugs under Article 76-4 of the Act on the Guarantee of Quality, Effectiveness, Safety, etc. of Drugs, Medical Devices, Etc., and any person who manufactures, imports, sells, or receives a designated drug as a business in violation of the above provision, or who possesses a designated drug, a person who manufactures, imports, sells, or receives a designated drug in violation of the above provision, or a person who possesses a designated drug, shall be punished by imprisonment with prison labor for not more than five

4) However, if the former Act delegates the Minister of Food and Drug Safety to designate temporary narcotics to designate temporary narcotics, and if the Minister of Food and Drug Safety designates temporary narcotics, it is difficult to stipulate that temporary narcotics should be regarded as psychotropic drugs and punished equally with psychotropic drugs, and does not stipulate the standards for classification of temporary psychotropic drugs. Accordingly, it is difficult for the Minister of Food and Drug Safety to designate temporary psychotropic drugs as temporary psychotropic drugs due to the necessity of urgent regulation. Accordingly, there is a problem that it is impossible for the Minister to designate temporary psychotropic drugs with the level equivalent to any of the stages under Article 2 subparag. 3(a) through (e) of the Act to classify temporary psychotropic drugs according to delegation of the Act. On the other hand, it is impossible to clearly distinguish the relevant substances from the stage under Article 2 subparag. 3(a) through (e) of the Act on the grounds that verification of the relevant substances is not completed. In light of the legislation cases in Japan and other foreign countries, it is more difficult to establish a separate penal provision on temporary psychotropic drugs, which can be applied mutatis mutandis.