The appeal is dismissed.

The grounds of appeal are examined.

1. (a) Article 2 subparag. 3 of the Narcotics Control Act (hereinafter “Act”) provides that “pactic mental medicine” has serious harm to the human body when misused or abused it, affecting the human central declimatic system.

The phrase “any of the following items prescribed by Presidential Decree” is defined as “the degree of misuse or abuse of a local mental medicine, whether it is used for medical treatment, its scope, stability, and the degree of physical or mental dependence, and the definition is classified into four categories:

Among the drugs with a psychotropic spirit, a psychotropic mental medicine defined in subparagraph 3 (a) of Article 2 of the Act (hereinafter referred to as "items 3 (a)" and "items 2 (b), etc.") refers to "drugs or substances containing such drugs, which might be misused or abused, are not used for medical treatment, are lacking in safety, and are misused or abused, causing severe physical or mental dependence," and is distinguishable from a psychotropic mental medicine as used for medical treatment, which is classified by phases in accordance with the fear of misuse or abuse and the degree of physical dependence.

Article 3 subparag. 5 of the Act generally prohibits the possession, possession, use, management, export, import, manufacture, sale, assistance in sale, or receipt or receipt of drugs falling under the foregoing item (a) or a native mental medicine containing such drugs (hereinafter “psychotropic mental medicine”) unlike other native mental medicines.

B. Meanwhile, when the above Act was amended by Act No. 10786 on June 7, 2011, the designation procedure for the registration of the previous narcotics control system is complicated when the harm caused by new narcotics occurs.