• Title/Summary/Keyword: Drunken state

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Determination of Alcohol Blackout and Insanity in the Sexual Crimes - Focus on the Supreme Court on 2018-Do-9781 Sentenced on Feb 4, 2021 - (성범죄에 있어서 알코올 블랙아웃과 심신상실의 판단 -대법원 2021. 2. 4. 선고 2018도9781 판결을 중심으로-)

  • Kim Doo Sang
    • The Korean Society of Law and Medicine
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    • v.23 no.4
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    • pp.103-131
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    • 2022
  • 2021, the Supreme Court recognized the foundation of the quasi-indecent act by force by the concept of 'alcohol blackout' although there were multiple situations that it was hard to judge insanity of the victims was evident in the cases with drunken victims. This means the consideration of insanity state due to temporary false memory rather than the total loss of mental capacity from the existing concept of insanity. However, the interpretation of insanity in the criminal law has to be strict and its application could be difficult. In particular, the comparison precedent which is very similar to the subject one was determined not to be the same with the state of the insanity or inability to resist during the sexual relation though the victim had the symptoms of alcohol blackout, denying the quasi-indecent act by force. This argument is determined to be logical remarkably, and insanity and quasi-indecent act by force should be discussed considering the medical review on the alcohol blackout of the victims sufficiently when determining the individual precedents. In addition, the most important point in the sexual crimes is the consent, and there may be possibility of negligence in case that uncertain consent is determined as the consent to continue the following act. Also, in case of uncertain consent or suspicious, universal determination not to follow the act should be able to realized. Therefore, strong evidence is required for criminality, determining that the victim is the state not to be able to do the normal judgment and the minimum willful negligence is existed that the accused uses this. In the subject ruling, the act of the accused has to be clearly punished, however, it is determined to be unreasonable for the punishment with the quasi-indecent act by force under the interpretation of the current regulations.

Psychosocial Characteristics and Factors Associated with Referral to Psychiatric Care in the Suicide Attempters Visiting Emergency Center (응급실에 내원한 자살 시도자들의 정신사회학적 특성과 정신건강의학과 진료 의뢰 관련 요인)

  • Kwon, Jung-Woo;Ko, Young-Hoon;Han, Chang-Su;Lee, Moon-Soo;Yoon, Ho-Kyung;Lee, Hongjae
    • Korean Journal of Psychosomatic Medicine
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    • v.21 no.2
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    • pp.106-113
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    • 2013
  • Objectives: The purpose of this study was to examine the characteristics and the psychosocial factors associated to the referral to psychiatric care in the suicide attempters visiting emergency center. Methods: We conducted a systematic chart review of 377 suicidal attempters visiting emergency center of the Korea University Ansan Hospital between January 2008 and December 2011. We gathered a data contain 20 items including psychosocial characteristics and factors related to suicide and factors related to psychiatric treatment. Multivariate logistic regression models were fitted to data to estimate the unique effects of sex, drunken status, companion, suicidal methods, place of suicide and current use of psychiatric medication on the referral to psychiatric care. Results: The female gender(OR=1.63, 95% CI=0.99-2.69), suicidal attempts at home(OR=3.40, 95% I= 1.21-9.56) and drunken state at visit(OR=2.34, 95% CI=1.10-5.01) are the factors that predict the risk of the non-referral of the patients to psychiatric intervention. Place of suicidal attempt was the most important factor do play a role in determining whether referral to psychiatric care will take place or not. Current use of psychiatric medication showed a trend toward significance(p=0.08, OR=1.67, 95% CI=0.95-2.95). Conclusions: These results suggest that when deciding whether to adapt or to refuse the referral to psychiatric care, the factors such as suicidal intent, lethality of suicide methods, familiar factors and alcohol may contribute onto the referral to psychiatric care. Additional research is required to investigate an association of these factors with referral to psychiatric care.

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The Difference of History Associated with Occupation of Pulmonary Tuberculosis (폐결핵 환자의 직업에 따른 병력의 차이)

  • Song, Sun-Dae;Kim, Cheon-Tae;Koh, Seok-Shin
    • Journal of agricultural medicine and community health
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    • v.20 no.2
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    • pp.149-156
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    • 1995
  • This study was performed for 182 rural persons of patients who had admitted at National Masan Tuberculosis Hospital from 21th Feb to 18th Aug, 1994. We investigated diseased history based on the data according to the kind of occupation. The results were summarized as follows : The most common occupation was no occupation(35.2%). The most common age group was 5th decade(25.3%). By the age, the most common group in cases of no occupation was over 7th decade and under 5th decade, and agriculture was over 7th decade and 6th decade. Male(83.5%) were more than female, but wasn't significantly different. The most common group in the level of education was over the graduate of high school. The group that have ever drunken(p<0.05) and smoked(p<0.01) was significantly different in labour, service, agriculture, others. Family history, combined disease, symptom were no significantly different by occupation. Both lung fields on the chest X-ray was the most common site of invasion(82.4%). In the tests of AFB smear and culture, the differences according to the occupation were not. At the time of admission, the most common group in the state of treatment was initial treatment. The multi-drug resistance tuberculosis was no significantly different by occupation.

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Violence Response, Burnout and Job Satisfaction according to Violence Episode of Emergency Room Worker (응급실 종사자의 폭력 경험에 따른 폭력 반응 소진 및 직무 만족)

  • Kim, Mi Yeon;Ha, Tae Uk;Hwang, Yong;Kang, Ji Sook
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.18 no.1
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    • pp.406-416
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    • 2017
  • The purpose of this study was to examine violence response, burnout, and job satisfaction according to violent episodes of emergency room workers. Methods : This Study was a descriptive survey design using convenience sampling. This study was exempt from needing an IRB approval. There were 167 emergency room workers, who agreed to participate in this study, and took a self-report questionnaire between July and August 2015. SPSS 21.0 version was used for descriptive analysis, frequency, percentage, mean, standard deviation, independent t-test, Pearson correlation coefficients, and multiple regression. The major findings of this study were as follows: 1) 84.4% of participant experienced violent episodes. The frequency of verbal violence was highest. Violent attackers were patients and guardians with drunken state. The time of violence episodes was usually during the night. Violent experience of doctors and nurses was very high. 2) There were significant differences in the emotional response according to violent episodes (t=2.528, p=0.12) 3) The correlation between \response and burnout was statistically significant, and indicates a high positive correlation (r=.616, p=<.001). The correlation between violence response and job satisfaction was statistically significant, indicating a negative correlation (r=-.512, p=<.001). There was a negative correlation between burnout and job satisfaction with statistical significance (r=-.568, p=<.001). 4) Significant factors influencing job satisfaction were emotional response to violence and burnout. Conclusion: The findings of this study provide basic information for the strategies of preventing violence, decreasing burnout, and improving job satisfaction by developing a violence management program.

Reassessment of Validity and Reliability of the Tools for Measuring Yangseng -Focused on the Elderly People in Jeonbuk Area- (양생측정도구의 타당도와 신뢰도 재검증 -전북지역 노인을 중심으로-)

  • Jung, Hae-Kyoung;Kwon, So-Hee;Kim, Ae-Jung;Wang, Myoung-Ja;Lee, Ki-Nam
    • Journal of Society of Preventive Korean Medicine
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    • v.9 no.1
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    • pp.17-36
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    • 2005
  • The objective of this study is to present basic data for producing tools to measure Yangseng of the elderly aged older than 65 by reassessing the validity and reliability of such tools already developed. In the present study, total 855 subjects were divided into 4 groups and given 31 question for the ultimate factor analysis of each item. The results cloud be summarized as follows: 1. In case of 'don't have sex in drunken state or right after dinner'(the 31st item of sex live yangseng). factor loading came out proportionally in 3 factors such as factor 4=0.358, factor 5=0.389 and factor 6=0.386. As they all failed to reach the general standard of 0.5 or more and even the minimum standard of 0.4 or more, the 31st item was deleted from the questionnaires. 2. From the factor analysis after exclusion of the 31st item, factor loading of the 25th item of sleep yangseng 'go to bed and get up regularly' appeared to be proportional in 2 factor(factor 4=0.393 and factor 7=0.373). Since it was shown that the 25th item could not be classified into a category but interacted with others in common and didn't satisfy the minimum standard of 0.4, it was deleted form the questionnaires, too. 3. From the factor analysis conducted after excluding the item numbers 31 and 25, factor loading of the 12th item of diet yangseng 'do not eat much' turned out to be relatively high with such values as factor 5=0.518 and factor 3=0.453. As it was, however, tied up with the factor of exercise yangseng, it was also deleted. In conclusion, 28 items after excluding the item numbers 12, 25 and 31 form 4 group showed the same results as divided into 8 factor with high grade of reliability and validity, evidencing the assumption that they can be employed practically to measure yangseng of the elderly aged 65 and oder.

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Analysis of ethyl glucuronide (EtG) in Hair for the diagnosis of chronic alcohol abuse of Korean (한국인의 만성 알코올 중독 진단을 위한 모발에서 Ethyl Glucuronide (EtG) 분석법 연구)

  • Gong, Bokyoung;Jo, Young-Hoon;Ju, Soyeong;Min, Ji-Sook;Kwon, Mia
    • Analytical Science and Technology
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    • v.33 no.3
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    • pp.151-158
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    • 2020
  • Alcohol, which can easily be obtained in the same way as ordinary beverages, is harmful enough to cause death due to excessive drinking and chronic alcohol intake, so it is important to maintain a proper amount of drinking and healthy drinking habits. In addition, the incidence of behavioral disturbances and impaired judgments that can be caused by chronic alcohol drinking of more than adequate amounts of alcohol is also significant. Accordingly it is very useful for forensic science to check whether the person involved is drunken or is alcoholism state in various accidents. Currently, in Korea, alcohol consumption is determined by detecting the level of alcohol or alcohol metabolism 'ethyl glucuronide (EtG)' in blood or urine samples. However, analysis of alcohol or EtG in blood or urine can only provide information about the current state of alcohol consumption because of a narrow window of detection time. Therefore, it is important to analyze the EtG as a long-term direct alcohol metabolite bio-marker in human hair and to investigate relationship between alcohol consumption and EtG concentration for the evaluation of chronic ethanol consumption. In this study, we established an analytical method for the detection of EtG in Korean hair efficiently and validated selectivity, linearity, limits of detection (LOD), limits of quantification (LOQ), matrix effect, recovery, process efficiency, accuracy and precision using liquid chromatography tandem mass spectrometry (LC-MS/MS). In addition, the assay performance was evaluated in Korean social drinker's hair and the postmortem hair of a chronic alcoholism. The results of this study can be useful in monitoring the alcohol abuse of Korean in clinical cases and legal procedures related to custody and provide a useful tool to evaluate postmortem diagnosis of alcoholic ketoacidosis in forensics.

A Study on Fall Accident (1개 종합병원 환자의 낙상에 관한 조사)

  • Lee, Hyeon-Suk;Kim, Mae-Ja
    • The Korean Nurse
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    • v.36 no.5
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    • pp.45-62
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    • 1998
  • The study was conducted from November 1995 to May 1996 at the one general hospital in Seoul. The total subjects of this study were 412 patients who have the experience of fall accident, among them 31 was who have fallen during hospitalization and 381 was who visited emergency room and out patient clinic. The purposes of this study were to determine the characteristics, risk factors and results of fall accident and to suggest the nursing strategies for prevention of fall. Data were collected by reviewing the medical records and interviewing with the fallers and their family members. For data analysis, spss/pc+ program was utilized for descriptive statistics, adjusted standardized $X^2$-test. The results of this study were as follows: 1) Total subjects were 412 fallers, of which 245(59.5%) were men and 167(40.5%) were women. Age were 0-14 years 79(19.2%), 15-44 years 125(30.4%), 45-64 years 104(25.2%), over 65 years 104(25.2%). 2) There was significant association between age and the sexes ($X^2$=39.17, P=0.00). 3) There was significant association between age and history of falls ($X^2$=44.41. P= .00). And history of falls in the elderly was significantly associated with falls. 4) There was significant association with age and medical diagnosis ($X^2$=140.66, P= .00), chief medical diagnosis were hypertension(34), diabetis mellitus(22), arthritis(11), stroke(8), fracture(7), pulmonary tuberculosis(6), dementia(5) and cataract(5), 5) There was significant association between age and intrinsic factors: cognitive impairment, mobility impairment, insomnia, emotional problems, urinary difficulty, visual impairments, hearing impairments, use of drugs (sedatives , antihypertensive drugs, diuretics, antidepressants) (P < 0.05). But there was no significant association between age and dizziness ($X^2$=2.87, P=.41). 6) 15.3% of total fallers were drunken state when they were fallen. 7) Environmental factors of fall accident were unusual posture (50.9%), slips(35.2%), trips (9.5%) and collision(4.4%). 8) Most of falls occurred during the day time, peak frequencies of falls occurred from 1pm to 6pm and 7am to 12am. 9) The places of fall accident were roads(22.6%), house-stairs 06.7%), rooms, floors, kitchen (11.2%), the roof-top, veranda, windows(10.9%), hospital(7.5%), ice or snowy ways(5.8%), bathroom(4.9%), playground, park(4.9%), subway-stairs(4.4%) and public-bathrooms (2.2%). 10) Activities at the time of fall accident were walking(37.6%), turning around or reaching for something(20.9%), going up or down stairs09.2%), exereise, working07.4%), up or down from a bed(2.7%), using wheelchair or walking aids, standing up or down from a chair(2.2%) and standing still(2.2%). 11) Anatomical locations of injuries by falls were head, face, neck(31.3%), lower extremities (29.9%). upper extremities(20.6%), spine, thorax, abdomen or pelvic contents(l1.4%) and unspecified(2.9%). 12) Types of injures were fracture(47.6%), bruises03.8%), laceration (13.3%), sprains(9.0%), headache(6.6%), abrasions(2.9%), intracranial hemorrage(2.4%) and burns(0.5%). 13) 41.5% of the fallers were hospitalized and average of hospitalization was 22.3 days. 14) The six fallers(1.46%) died from fall injuries. The two fallers died from intracranial hemorrage and the four fallers died of secondary infection; pneumonia(2), sepsis(1) and cell lulitis(1). It is suggested that 1) Further study is needed with larger sample size to identify the fall risk factors. 2) After the fall accident, comprehensive nursing care and regular physical exercise should be emphasized for the elderly person. 3) Safety education and safety facilities of the public place and home is necessary for fall prevention.

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