ʻ정신장애ʼ가 양형에 미치는 영향 분석 - 책임능력이 인정된 사례를 중심으로 -

Abstract

TLooking at the characteristics of criminals with mental disorders in official crime statistics, the proportion of criminals with mental disorder s in the total number of criminals is very low, but the number of criminals with mental disorders is continuously increasing. There are very few cases in which criminals with mental disorders arrested in the investigation stage are judged as the insanity in the trial stage. On the other hand, the rate of criminal records and recidivism of criminals with mental disorders is not only higher than that of all criminals, but is also increasing. What can be seen from these statistics is that most criminals with mental disorders exist in the general criminal justice process without being included in insanity, even though mental disorders have influenced their crimes. It can be said that the current punishment-oriented criminal law response has faced limitations in the vicious cycle of recidivism or criminal record of mentally disabled criminals. The judgment of legal insanity is not the diagnosis name of mental disorder, but rather an understanding of the mechanism of the influence of mental symptoms on the crime. In addition, the judgment of legal insanity is closely related to whether a crime is established and the reduction of responsibility, as well as the imposition of sentencing and security measures. Therefore, this study analyzed the court's sentencing judgment on mental disorders whose responsibility ability was recognized, which was alienated from the subject of prior research interest, through an empirical method. 160 cases of the first trial's ruling in which mental disability with recognized responsibility was a problem, which were searched through the online reading system for the Supreme Court ruling, were analyzed. The purpose of the study is to analyze the effect of mental disorders with recognized responsibility ability on sentencing, and a policy improvement plan was proposed based on the results of the judgment analysis. These are the granting of independent status as a general sentencing factor for mental disorder, the improvement of the psychiatric evaluation system, the prevention of recidivism and the support for sound social return by seeking various treatment methods according to the characteristics of mental illness.