The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is sufficiently recognized that interesting agents containing ethyl content are likely to cause harm to health and injury to the extent equivalent to the substance under Article 2 subparagraph 3 (a) of the Narcotics Control Act and the requirements of urgency and the need to regulate them as temporary narcotics under item (a) of the above Article 2 of the Act.

Therefore, the first instance court, which determined that the notice by the Minister of Food and Drug Safety on December 11, 2014, which was designated as temporary narcotics under the above item (a), deviates from the scope delegated by the Act on the Control of Narcotics, Etc., and thus null and void, even though it did not meet the requirements of possibility and urgency to the extent equivalent to the substance under the above item (a), was erroneous

2. Of the judgment of the first instance court, the guilty part of the judgment, such as the violation of the Act on the Control of Narcotics, etc. and the violation of the Act on the Control of Narcotics, etc. (narcotics) was transferred to the trial along with the acquitted part.

However, among the judgment of the court of first instance, the guilty portion is not subject to the examination and judgment of this court because the defendant did not appeal against the conviction portion and did not appeal against it and the conviction portion is not subject to the attack and defense between the parties.

Therefore, this Court will decide on the guilty portion of the first instance court's conviction and only on the acquittal portion.

1) Summary of the facts charged

A) Around 00:30 on February 8, 2015, the Defendant used G hotel 1502 room in Gangnam-gu Seoul Metropolitan Government D, in a way that he opened a rsh bottle lid with F and inhales the steam into the coconcing, and used it. 2) Arsh smuggling import Defendant used a flick lid at the Incheon Central State in Jung-gu, Incheon, on March 14, 2015, at the port of supply of the Hong Kong State, and at the port of provision of the Hong Kong State, a flick CX430 wheel.