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KCI등재 학술저널

被治療監護者 66名에 對한 法精神醫學的 硏究

A Clinico-legal Study on 66 Mentally 111 Criminals Sentenced to Rehabilitative Custodies by the Court

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This paper presents a review of clinico-legal evaluation of 66 mentally ill criminals sentenced to rehabilitative custodies into the psychiatric in stitutions by the Korean court during a period of Dec. 18, 1980 to Dec. 31, 1981. as follow: 1. Male to female ratio was 5. 6 to 1. Most Qf them were in the age bracket of 20 to 44. 2. The Psychiatric diagnostic distribution was schizophrenia in 72.1%, epilepsy in 7. 6%, mental retard ation in 3. 0% and each of hys torical dissociation, alcoholism, paranoia, senile psychoris, organic brain syndrom e, personalty disorders and paraphilia in 1. 5%. 3. The crim inal contents were violence in 31.8 %, homicide in 30.3%, larceny in 13.6%, incendiary in 9.1%, rape in 6. 1%, burglary in 4. 5% and the others in 4.5%. 4. Among them, 62. 1% had no previous history of psychiatric treatment, and 27. 3% of them had no previous criminal records according to which the nature of and present criminalitie s were mostly the same. 5. Of the 49 victims of the homicides and violences the neighbors or acquaintances were 30. 6% , parents 24. 5% , wives 12. 2%, siblings 12. 2% ,strangers 10. 2% 、offspings 6. 1%, and relatives 4. 1%. 6. Most of the offences took place in offenders, houes or their vicinity . 7. A highest rate of 53.1% of the crimes occurred in spring, 34.1% in summer, 2.4% in autumn and 9. 8% in winter. 8. Of 66 mentally ill criminals the court judged 32(48. 5%) not guilty and not responsible for their crimes, and sentenced to rehabilitativ e custodies only. Out of 34 judged as partilly guilty and partially responsible for their crimes, 20 (58. 8%) were sentenced to rehabilitative custodies and penalties while the rest (41. 2%) were sentenced to rehabilitative custodies only. The court does not seem to have a strict common principle in judging the crim inal responsiblity in regard of psychiatric diagnoses of the criminals.

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