일 정신병원의 형사정신감정을 통해 본 책임능력판단의 실제
Actual Judgment of Criminal Responsibility as Seen Through the Criminal Psychiatric Examination of a Psychiatric Hospital
0
조회
0
다운로드
2
인용
0
참고문헌
키워드
초록
Objectives The purpose of this study was to compare the demographic, clinical, and criminal characteristics and legal judgments of criminal cases, in which psychiatric evaluation was requested, and to identify factors affecting criminal responsibility judgments. Methods The medical records of 100 subjects that committed crimes and the judgment records of 51 subjects admitted to Yongin Mental Hospital from February 2005 to February 2021 were analyzed retrospectively. Psychiatric disorder groups were compared with respect to demographic, clinical, criminal characteristics, and legal judgments. Factors affecting criminal responsibility judgments were identified by comparing legal judgment groups. Results Psychiatric history, criminal motivation, and criminal history differed significantly between psychiatric disorder groups. Differences between the opinions of the appraiser and courts regarding criminal responsibility were significantly dependent on psychiatric disorder type, and there was a consistent tendency according to the psychiatric disorders, but there was a difference of opinion between the two groups. Conclusion The findings of the current study suggest psychiatric diagnoses and symptoms such as psychotic symptoms and cognitive impairments that provoke crime can influence criminal responsibility judgments.
Abstract
Objectives The purpose of this study was to compare the demographic, clinical, and criminal characteristics and legal judgments of criminal cases, in which psychiatric evaluation was requested, and to identify factors affecting criminal responsibility judgments. Methods The medical records of 100 subjects that committed crimes and the judgment records of 51 subjects admitted to Yongin Mental Hospital from February 2005 to February 2021 were analyzed retrospectively. Psychiatric disorder groups were compared with respect to demographic, clinical, criminal characteristics, and legal judgments. Factors affecting criminal responsibility judgments were identified by comparing legal judgment groups. Results Psychiatric history, criminal motivation, and criminal history differed significantly between psychiatric disorder groups. Differences between the opinions of the appraiser and courts regarding criminal responsibility were significantly dependent on psychiatric disorder type, and there was a consistent tendency according to the psychiatric disorders, but there was a difference of opinion between the two groups. Conclusion The findings of the current study suggest psychiatric diagnoses and symptoms such as psychotic symptoms and cognitive impairments that provoke crime can influence criminal responsibility judgments.
참고문헌 (24)
- Police statistical year book 2019, "Korean National Police Agency", Korean National Police Agency, 135~ (2020)
- Cho SN, "A study on the criminal psychotics", J Korean Neuropsychiatr Assoc, 31, pp.1025~1035 (1992)
- A study on psychiatric examination in the criminal justice system, "Choi M", Korean Institute of Criminology, 1~340 (2017)
- "Judgment of mental and physical disorders in criminal trials and mental disorders. 2016 Judge Training Advance Course Research Papers"[URL]
- Cho BK, "Problems in the court hearing of the cases on lack of criminal responsibility", Theories and Practices of Criminal Procedure, 2, pp.223~263 (2010)
- 최민영, "정신장애 범죄인의 책임능력 판단과 정신감정", 의료법학, 20(2), pp.83~107 (2019), 대한의료법학회[DOI]
- Bak HJ, "The psychiatric study on the legal cases", J Korean Neuropsychiatr Assoc, 12, pp.53~58 (1973)
- Lee DW, "Psychiatric aspects of mantally ill ciminals", J Korean Neuropsychiatr Assoc, 22, pp.294~300 (1983)
- Chang DW, "A clinico-legal study on 66 mentally ill criminals setenced to rehabilitative custodies by the court", J Korean Neuropsychiatr Assoc, 22, pp.104~114 (1983)
- Park JH, "Changes of caracteristics of mentally ill criminals in legal cases: comparison between 1971-1976 and 1987-1992", J Korean Neuropsychiatr Assoc, 33, pp.1072~1083 (1994)
- Suh HK, "The criminal responsibililty of mental patients;psychiatric opinion and court disposition", J Korean Neuropsychiatr Assoc, 25, pp.409~417 (1986)
- Choi YJ, "Characteristics of the patients subjected to the mental disability evaluation and legal decisions", J Korean Neuropsychiatr Assoc, 37, pp.903~912 (1998)
- Lee GS, "Changes of characteristics of mentally ill criminals: between 1990 and 2000", Korean J Leg Med, 26, pp.24~32 (2002)
- Choi SS, "A study for the mentally disordered offenders in Korea: a statistic review for 11 years of the forensic psychiatric hospital", Korean J Leg Med, 22, pp.32~45 (1998)
- Cha SM, "A preliminary study on the revision of the mental health welfare law and mentally ill criminals", Korean J Law Psychiatry, 1, pp.8~17 (2020)
- Lim KO, "A change of psychiatric examination of criminal responsibility in alcohol use disorder", Korean J Law Psychiatry, 1, pp.1~7 (2020)
- 문지용, "성범죄를 저지른 소아성애자의 임상적 특징", 신경정신의학, 60(2), pp.120~125 (2021), 대한신경정신의학회[DOI]
- Park KK, "Psychiatric evaluation on mentally ill criminal", J Korean Neuropsychiatr Assoc, 16, pp.415~422 (1977)
- Oh SW, "The psychiatric study on the 50 legal cases including 15 cases of homicide", J Korean Neuropsychiatr Assoc, 22, pp.550~556 (1983)
- 최이문, "정신장애 범죄자에 대한 법원의 책임능력 판단에 대한 연구(2014-2016)", 한국심리학회지:법, 9(1), pp.41~56 (2018), 한국법심리학회
- 유진, "법정에 선 정신장애 : 형사책임능력에 대한 의료지식과 법적 결정", 형사정책연구, 29(3), pp.231~270 (2018), 한국형사법무정책연구원
- "Judgment of the responsibility of the accused who has a mental disorder. 2016 Judge Training Advance Course Research Papers"[URL]
- Boetticher A, "Mindestanforderungen für Schuldfähigkeitsgutachten", Forensische Psychiatrie, Psychologie, Kriminologie, 1, pp.3~9 (2007)
- Kim HS, "Analysis of psychiatrically disordered conductors’ criminal responsibility: based on decision making process", pp.2014