The appeal is dismissed.

The grounds of appeal are examined.

1. A. Article 2 Subparag. 3 of the former Act on the Control of Narcotics, Etc. (amended by Act No. 14019, Feb. 3, 2016; hereinafter “the Act”) provides that “The term “psychotropic drugs” means drugs that affect the human mid-to-date system and are misused or abused, thereby causing serious harm to the human body.

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, safety, 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, a psychotropic drug falling under the foregoing item (a) or a psychotropic mental drug containing such a drug (hereinafter referred to as “a psychotropic drug”) contrary to other psychotropic drugs.

B. Meanwhile, when the Act was amended by Act No. 10786, Jun. 7, 2011, the former narcotics control system has caused the harm caused by new narcotics.