The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Summary of Grounds for Appeal

In addition to Articles 58(1)3, 3 subparag. 5, 2 subparag. 3(a), and 5-2(5) of the Narcotics Control Act, the statutes applied to the facts charged in the instant case include the part concerning the public announcement by the Minister of Food and Drug Safety, which designated “Isopyl nitrite” as temporary narcotics in this case.

However, the above notice is null and void as an administrative legislation that violates the general freedom of action of the people (Article 10 of the Constitution) and the freedom of body (Article 12 of the Constitution) by deviating from the limit delegated by Article 5-2(5) of the Narcotics Control Act.

The punishment sentenced by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

The summary of the facts charged is not a person handling narcotics.

On September 19, 2014, the Defendant had access to the Internet site (E) at the Defendant’s residence of 102, 104, 2014, the Defendant paid USD 46 with a new card in the name of F, a woman living together, when ordering psychotropic drugs designated as temporary narcotics (70gg) to F, E, E, E, E, the psychotropic drugs, and arrive at the Incheon State’s port of supply, around 08:20, when the international postal items concealed the said psychotropic drugs were sent from coin and sent from f, and at around 08:20, L, AY (AY) G.

Accordingly, the Defendant imported psychotropic drugs closely.

Article 58(1)3, Article 5-2(5), Article 3 subparag. 5, and Article 2 subparag. 3(a) of the Narcotics Control Act are the provisions of the indictment that apply to the facts charged in this case based on the punishment of the facts charged in this case.

Article 5-2 (1) of the Narcotics Control Act provides that "the Minister of Food and Drug Safety shall misuse or abuse substances, pharmaceutical substances, pharmaceutical substances, products, etc. (hereinafter "materials, etc.") other than narcotics."