판례를 통한 정신질환 관련 범죄행위의 내용과 특징 분석

Abstract

Among the various crimes, the ones committed by the mentally ill provoke more serious public concern, which is probably caused by such characteristics such as unpredictability, brutality, unknown motives, or random targeting of victims. The purpose of this study was to analyze the characteristics of crimes committed by the mentally ill, to investigate the type of mental disorders and assaulting weapons, and to examine the correlation between the type of mental disorders and their criminal behavior patterns. Through the combination of the forensic and psychological approach, the authors examined the psychological and behavioral characteristics of mentally ill criminals to identify the criminal and behavioral characteristics of crimes committed by them. The cases for this analysis were collected through the search for precedents at National Law Information Center where 19 cases were selected. In conclusion, the diagnoses of mental disorders were schizophrenia, pedophilia, intellectual disability, personality disorder, and depressive disorder, in descending order. Among them, schizophrenia accounted for 6 cases (31.6%), where especially the paranoid type (3 cases) committed the premeditated crimes. Mental handicap was recognized in 9 cases and was rejected in 4 cases. However, in 6 cases, it was not mentioned by court. Further, the judgment of being mental handicapped was made without reference of mental appraisal in 3 out of 19 cases, and so its credibility might be argued. The number of defendants who had past criminal histories was 7 (33.3%) out of 21 defendants, which may illustrate the rate of recidivism of mental disorder criminals.