The appeal is dismissed.

The grounds of appeal are examined.

1. A. According to the former Act on the Control of Narcotics, Etc. (amended by Act No. 13383, Jun. 22, 2015; hereinafter “Act”), the Minister of Food and Drug Safety needs to handle and control narcotics equivalent to narcotics, etc. in an urgent manner as it concerns health risks from misuse or abuse of substances, such as pharmaceutical products, and pharmaceutical products.

A temporary narcotics, etc. may be designated as temporary narcotics, and the temporary narcotics shall be designated as temporary narcotics, temporary mental drugs, or temporary marijuana and the period of validity thereof shall be determined to be publicly announced (Article 5-2(1) and (2) of the Act). In addition, Article 3 of the Act, which prohibits temporary drugs from being held, owned, used, transported, managed, exported, prepared, traded, traded, transported, received, or provided with temporary narcotics or temporary psychotropic drugs, or from being possessed, possessed, received, transported, kept, or used for transportation of temporary marijuana, or from issuing a prescription stating temporary narcotics or temporary psychotropic drugs (Article 5-2(4) of the Act). In addition to the aforementioned provision, Article 5-2(2)5 of the Act prohibits temporary drugs from being handled (Article 5-2(5)5 of the Act), Article 3 of the Act, which is a general provision prohibiting the handling of narcotics, shall apply mutatis mutandis (Article 5-2(5)5).

First of all, with respect to a local mental medicine, a penal provision shall be separately imposed according to the type of the substance, etc. and the type of the act prescribed in the items of Article 2 subparagraph 3 of the Act, and each statutory penalty has a considerable difference.

On the other hand, with respect to temporary mental drugs, Article 58 (1) 7 of the Act provides for punishing a person who has sold, received, prepared, or provided temporary mental drugs to minors, but violates the prohibition of Article 5-2 (4) of the Act.