책임능력의 법적⋅심리학적 판단기준

The term 'act that lacks discrimination or decision making ability due to Mental Disorder' in Article 10 (1) of the Criminal Code presupposes Mental Disorder from the biological point of view, and therefore, psychologically loses the ability to recognize illegality or control behavior. If it is. Here, the judgment for mental disorders is based on the Diagnostic and Statistical Manual of Mental Disorders, Fifth Version (DSM-5), a diagnostic standard established by the American Psychiatry Association (APA). Biological element refers to an element diagnosed from a medical point of view, and may be referred to as a psychological criterion because such diagnosis is made in clinical psychology. Since psychiatry is to study the psychological aspects of human beings, biological factors can be said to be psychological and psychological factors. As a result, judgment on whether mental disorders and lack of illegality or behavioral control ability seems to use psychological criteria. Even so, it is within the realm of forensic interpretation, as it concludes whether the judgment falls under Article 10 (1) or (2) of the Penal Code. Cases also make this point clear. 'The judgment of the presence and extent of mental and mental disorders under Article 10 of the Criminal Code is a legal judgment, and it is not necessarily bound to the opinion of a professional appraiser. The court can make independent judgments of various circumstances, including the post-war defendant's behavior and the degree of reflection. ' Although the court is responsible and judged, there is a trade-off that the better you use psychological criteria, the better. The recognition of mental disorders, a biological component of mental and mental weakness, is inevitably dependent on DSM-5. The core content of mental disorders is 'Profound Mental Abnormality'. The types of mental disorders that can be a problem in terms of responsibility are as follows. ① Type 1: Morbid delusional disorder among pathological mental disorders / schizophrenia symptoms ② Type 2: Severe Consciousness Disorder / Confusion, Semi-colon, Confusion, Delirium ③ The third type: intellectual disability / high intellectual disability ④ Other types: Other severe mental abnormality / behavioral disorder criteria High impulse control disorder The judgment as to whether such mental disorders are linked to defects in illegal perception or behavioral control should be different for each type. First, the judging criteria for the case of illegal recognition ability are as follows. ① Type 1: Pathological Psychological Disorder Does Not Affect Illegal Recognition Ability ② Type 2: Severe cognitive impairment does not affect illegal perception ③ The third type: Unlawful recognition ability in case of high intellectual disability ④ Other Types: Other serious mental abnormalities, and impulse control impaired by high impulse control. Subsequently, the criteria for the case of behavior control ability are summarized as follows. ① Type I: Damaged delusional disorder does not affect behavior control ability by itself ② Type 2: Deterioration of behavior control ability in case of confusion and confusion. In case of anti-colon and delirium, behavior control ability is lost. ③ Type 3: Defective behavior control ability due to lack of control ④ Other Types: There is a deficiency in the ability to control behavior because the control of the code does not work