• 제목/요약/키워드: Insanity

검색결과 18건 처리시간 0.024초

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

  • 김두상
    • 의료법학
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    • 제23권4호
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    • pp.103-131
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    • 2022
  • 2021년 대법원은 술에 취한 피해자에 대한 준강제추행 사례에서 피해자의 심신상실이 명확하다고 보기 힘든 정황이 다수 있음에도 불구하고 이른바 '알코올 블랙아웃' 개념을 중심으로 준강제추행죄의 성립을 인정하였다. 이는 기존의 심신상실 개념이 완전한 의사능력의 상실을 의미하는 것과 다르게 일시적 기억오류도 심신상실 상태로 간주한 것으로 판단된다. 그러나 형법 규정상 심신상실의 해석은 엄격할 수 밖에 없다. 특히 대상판결과 상당히 유사한 사례인 비교판례는 피해자에게 알코올 블랙아웃의 증상이 있었더라도 이를 성관계 당시 심신상실이나 항거불능 상태였던 것과 동일하게 볼 수는 없다고 판단하여 준강간죄를 부정하였다. 이러한 논지는 상당히 합리적이라고 판단되며, 개별사례의 판단에 있어 피해자들의 알코올 블랙아웃에 대해 의학적인 검토도 충분히 감안되어 심신상실과 준강제추행이 논의되어야 한다. 또한 성범죄에서 가장 중요한 부분은 동의이며 불확실한 동의를 동의로 판단하여 행위에 나아간 경우에도 과실이 있는 경우를 충분히 생각해볼 여지가 있다. 그리고 동의가 불확실한, 즉 의심이 있는 경우 행위에 나아가지 않아야 한다는 보편적 판단을 구현할 수 있어야 한다. 따라서 범죄성립에 강한 확증이 필요하며 피해자가 정상적인 판단을 할 수 없는 상태이며 피고인이 이를 이용한다는 것에 최소한의 미필적 고의가 존재하여야 한다고 판단된다. 따라서 대상판결에서 피고인의 행위는 분명 처벌의 필요성이 있으나 현행법의 해석상 준강제추행죄로 처벌하는 것에 무리가 있다고 판단된다.

"우잠잡저(愚岑雜著)" 소재(所在) 광증(狂證) 이안(二案)에 관(關)한 연구(硏究) (A Study on two cases of Insanity in "WooJam JabJeo(愚岑雜著)")

  • 박상영;권오민;이정화;오준호
    • 대한한의학원전학회지
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    • 제24권6호
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    • pp.101-110
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    • 2011
  • There are not a few cases in Oriental medicine where a different prescription should be given to some of the patients whose symptoms are similar to each other. In other words, there might happen a misdiagnosis due to an extremely delicate difference in symptoms of the same diseases, causing a patient's condition to get worse or to be even on the brink of death. In such a context, the records in "WooJam JabJeo(愚岑雜著)" are worthwhile to do in-depth research on. Jang-Taegyung described his first-hand experience in major medical treatment very vivaciously during his ages between 25 and 42. Particularly, most of the prescriptions recorded in this book include not only his empirical prescriptions on the patients who life was almost on the brink of death but it also so plentifully contained the process of overcoming the side effect caused by other clinics' misdiagnosis; thus, that this book is drawing attention in that it could be indispensable materials not only in the research on medical history but also for clinical treatment. Particularly, as regards two cases of insanity, this book mentions the reason for using totally different prescription on one case from the other case even though the two cases had a similar symptom, through which we can acquire somewhat concrete experience in curing scenes though indirectly during the period of the Joseon Dynasty. We were able to get the result from the analysis of the two cases of insanity as follows: 1. WooJam, in treating the two cases of insanity due to the severe exacerbation of yang energy, managed to treat the one case by inducing a bowel movement and the other case by inducing urination. Such a different treatment seems to be greatly attributable to the constitutional factor of the two patients. Such an Oriental-medicine-based method of diagnosis and prescription as WooJam's is rarely found in Western medicine-i.e., that's why more thorough research on Oriental medicine is deeply required. 2. In case of the second patient, the patient arrived at insanity due to another clinic's treatment on perspiration on the patient with severe mouth thirst. This medical story once again highlights the importance of a diagnosis in today's Oriental medicine and at the same time it's a good example showing how big the side effect caused by the abuse of medicinal herbs is. The second patient's body fluids ran dry and finally his yang energy got exacerbated all the more due to the treatment by perspiration.

CRIME AND LEGAL DEFENSE:A FORENSIC AND JUVENILE PSYCHIATRIC PERSPECTIVE

  • Kim, Seung-Tai Peter
    • Journal of the Korean Academy of Child and Adolescent Psychiatry
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    • 제15권1호
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    • pp.3-13
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    • 2004
  • A historical overview of the relationship between law and medicine, particularly psychiatry, was presented along with the religious, social and legal aspects of the societies in the Western hemisphere as they affected the concepts and philosophy of the legal system in each society at different point in history. The evolution of the modern concept of juvenile court system and changing patterns of implementing the juvenile law in the United States, particularly the mental health evaluation process to determine the youths' competence to stand trial, were presented in detail. The ultimate goals of protecting the civil rights of children, adolescents and youths are emphasized.

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안도 타다오의 작품에 표현된 일본 전통적 요소 (Japanese Traditional Elements in Tadao Ando's Architecture)

  • 김동영
    • 한국주거학회논문집
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    • 제17권6호
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    • pp.91-98
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    • 2006
  • The stage for Tadao Ando's architectural works is not only in Japan but extends to many countries around the world. His creations are not limited to the world of architecture, but are widely acclaimed supported by public people as well. Why Tadao Ando's works are acknowledged and acclaimed so extensively? Japanese traditional elements used in the his works makes it so. Tadao Ando argued intuition and insanity which were deprived by modernism could recover with locality and it's historic elements laid importance to the self. To realize that, it is necessary the regeneration of landscape which was based on the site and self-reflection must accomplished with the nature. So as to regeneration of landscape, he used Japanese Landscape-gardening and make the nature condensed. With the su-ki, he made the architectural elements simple. And with the Japanese detoured circulation, he made deep and various space. In that way, he intended the nature which is changed with his idea experienced the way of yu-gen.

Evolvulus alsinoides: A potential antihypertensive herb

  • Siraj, Mantasha Binth;Khan, Asim Ali;Jahangir, Umar;Hashimi, Ayshah;Ahmad, Yasmeen
    • 셀메드
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    • 제9권4호
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    • pp.1.1-1.4
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    • 2019
  • In spite of the fact that a variety of unfailing guidelines are existing for the management of hypertension, the problem of inadequate managing of this condition still continues. Several classes of existing antihypertensive drugs are associated with various side-effects. Since ancient times before the advent of anti-hypertensive drugs, this disease has been treated by the prominent classical scholars. Various herbal drugs are being used since ages for the treatment of hypertension and some of them are validated too. Evolvulus alsinoides is also one such herb used in classical literature since ages for various disorders like insanity, anxiety, nervous debility, epilepsy, melancholy, palpitation and many others. This review is to highlight the antihypertensive potential of Evolvulus alsinoides.

시뮬레이션을 이용한 유기발광다이오드 특성 해석 (Analysis of the OLEDs Characteristics using Simulation)

  • 박영하;김원종;신현택;조경순;김귀열;홍진웅
    • 한국전기전자재료학회:학술대회논문집
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    • 한국전기전자재료학회 2008년도 추계학술대회 논문집 Vol.21
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    • pp.46-47
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    • 2008
  • Organic light-emitting diode is quick response speed, low power consumption and the self-interest has many advantages, such as insanity. So, organic light-emitting diode mechanism of light-emitting diode in order to more clearly understand the changes in the thickness of emitting materials for OLED characteristics of the simulation. emitting layer to a thickness of 10 [nm] ~ 100 [nm] changed the experiment, and hole transport layer 190 [nm] as a fixed. and emitting layer 10 [nm] ~ 100 [nm] to change the simulation results. Changes in the thickness of emitting layer gradually increased. depending on the emitting was 20 [nm] in the high 441 [lm / W] shows. and was gradually reduced. emitting layer 190 [nm] when fixed, hole transport layer, depending on changes in the thickness of 70 [nm] in the efficiency maximum value of 477 [lm / W], and was gradually reduced.

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소아신경정신 질환의 한.양방적 접근 방법론 연구 (A study of methods for Oriental.Western medical approach of Child Neuropsychiatric Disorders)

  • 김근우
    • 동의신경정신과학회지
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    • 제14권2호
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    • pp.15-25
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    • 2003
  • Objectives : This study aimed investigation of clinical development to child neuropsychiatry through the oriental western medical approach of child neuropsychiatric disorders Methods : As DSM-IV and ICD-10 set a standard for clinical expression. According to this standard and oriental medical diseases, child neuropsychiatric disorders are divided into six symptoms Results and Conclusion : 1. View point of oriental medicine, Psycho Somatic stroke(inclusive of the spasm) place under the category 'Epilepsy(癎)', 'Children's fit(驚風)' and 'Chi-Kyeung(?痙)'. 2. View point of oriental medicine, Mental Retardation place under the category 'Dementia(?)', 'Amnesia(健忘)' and 'Speech Disorder(語遲)' 3. View point of oriental medicine, Emotional Disorder place under the category 'Adjustment Disorder(客?)', 'Cry with anxiety at night(夜啼症)', 'Gi-Byung(?病)' and 'Child depressive Disorder(小兒癲症)' 4. View point of oriental medicine, Conduct development Disorder place under the category 'Physical frail of five part(五軟)' and 'Physical stiff of five part(五硬)'. 5. View point of oriental medicine, Childhood Psychosis place under the category 'Insanity(癲狂)'. 6. View point of oriental medicine, Somatoform Disorder place under the category 'Palpitation of the heart(驚悸)', 'Vomiting and Diarrhea(吐瀉)', 'Asthma(喘)', 'Headache(頭痛)' and 'Enuresis(遺尿)'

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A Brief Survey of the Uses of Non-Fungible Tokens

  • Zain Patras;Sidra Minhas
    • International Journal of Computer Science & Network Security
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    • 제24권7호
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    • pp.59-62
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    • 2024
  • Non-fungible tokens (NFTs) are interchangeable rights to digital assets such as art, in-game items, collectibles or music, etc. NFTs have the potential to be infinitely useful in many industries by increasing security and processing costs for transactions and providing a new platform for the gigeconomy to work through. Its markets have grown fast and significantly since early 2021. We investigate the uses of NFTs and research the facts and figures on the usage of NFTs supporting websites. Using daily data between 2019 to 2021. NFTs took the world by storm in 2021, bringing forth a digital art revolution while becoming one of the fastest-growing asset classes of the year. While the NFTs market has been growing at a rapid pace, many are still wary of entering it because of the theoretical insanity around its worth. NFTs have been out there for quite some time and this trend doesn't plan to go any further. NFTs services have many practical use cases and their potential will only grow over time. While celebrities dive into this marketplace to maintain their onlinepresence andincrease their Net worth.

노인성치매(老人性痴呆)에 대(對)한 문헌적(文獻的) 고찰(考察) (The bibliographical study on the senile dementia)

  • 김현아;정지천;이원철
    • 대한한방내과학회지
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    • 제13권2호
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    • pp.57-69
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    • 1992
  • The study has been carried out to investigate of the senile dementia by referring to 35 literratures. The results were as follows ; 1. In oriental medical science, senile dementia is belong to the category of dullness(매病), insanity(癲狂證), weak(虛勞), amnesia(健忘), etc. 2. The cause of senile dementia summarize the phlegm preventid-heart hole(痰迷心竅), marrow lack(髓海不足), aged follow weaking of body and disfunction of the internal organs(年老體弱과 臟腑機能 失調), the bad blood with vatal block(氣滯血瘀), feeling inharmony, etc in the view of oriental medical science and make the vanishment of the cerebral atrophy and the cerebral cell but havn't indicated the remarkable cause in that of western medical science. The diseases with cause make a point of Alzheimer's dementia, frequent infarction dementia, etc and psychological and environmental factor too. The marrow lack is related to Alzheimer's dementia, the feeling inharmony, psychologic and environmental factor, the phlegm prevented-heart hole and bad blood with vatal block, frequent infarction dementia. 3. The senile dementia is related cleary to the function of the internal organs in oriental medical sciences respect Especially in relation to kidney and marrow, it is presented new cause view to solve the cure problem of western medical science is studying its cause only the anatomic pathology with cerebrum and is thinking to solve cure possibility. 4. The symptom of senile dementia is as follows. The obstacle of a aspect of the Language, Emotion, Behavior. mute, speech inversion, sometimes a laugh sometimes a cry, behavior strange, failure of memory etc. 5. The treatment of senile dementia is follows. The methodes of cure apply phlegm changed-mud(豁痰化濁), self-kidney and added marrow(補腎益髓), self-energy and nutritive blood(益氣補血), vital blood(祛瘀活血), peace of mind and relief(安神情志). The medicines of cure make the most of (sesimtang, jwagui-hwan, tonggwuhwalhuel tang) add and subtract, daeboweonjeon, guibitang, and so on.

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치매의 변증 연구 (Study on Syndrome Differentiation of Dementia)

  • 박미선;김영목
    • 동의생리병리학회지
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    • 제28권3호
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    • pp.251-262
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    • 2014
  • This article is for understanding dementia with the perspective of Korean Medicine through research on syndrome differentiations of dementia clinically applied and relations between modern diseases and Korean Medicine pattern types of dementia. clinical papers were searched in China Academic Journals(CAJ) of China National Knowledge Infrastructure(CNKI) from 2012 to 2013. Conclusions are as follows. First, dementia was expressed in many ways such as imbecility, stupidity, fatuity, idiocy, vacuity, etc and was related with amnesia, forgetfulness, speech not in the right order, depressive psychosis(quiet insanity), manic psychosis, depression syndrome. Second, prescriptions such as QiFuYin and ZuoGuiWan from JingYueQuanShu, XiXinTang and ZhiMiTang from BianZhengLu, TongQiaoHuoXueTang, XueFuZhuYuTang and BuYangHaiWuTang from YiLinGaiCuo, HaiShaoDan from YiFangJiJie, HuangLianJieDuTang from WaiTaiMiYao were suggested for dementia. Third, syndrome differentiation pattern types of dementia are kidney deficiency and marrow decrease, qi-blood depletion, liver-kidney depletion, spleen-kidney depletion, heart-spleen deficiency as deficiency patterns and effulgent heart-liver fire, ascendant hyperactivity of liver yang, qi stagnation and blood stasis, phlegm turbidity obstructing orifice, phlegm-blood stasis obstructing orifice, intense heat toxin as excess patterns and qi deficiency with blood stasis, yin deficiency with yang hyperactivity as deficiency-excess complex patterns. Major pattern types are kidney deficiency and marrow decrease, phlegm-blood stasis obstructing orifice, qi stagnation and blood stasis, liver-kidney depletion, phlegm turbidity obstructing orifice.