• Title/Summary/Keyword: insanity

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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.

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

  • Park, Sang-Young;Kwon, Oh-Min;Lee, Jung-Hwa;Oh, Jun-Ho
    • Journal of Korean Medical classics
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    • v.24 no.6
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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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    • v.15 no.1
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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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Japanese Traditional Elements in Tadao Ando's Architecture (안도 타다오의 작품에 표현된 일본 전통적 요소)

  • Kim, Dong-Young
    • Journal of the Korean housing association
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    • v.17 no.6
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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
    • CELLMED
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    • v.9 no.4
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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.

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

  • Park, Young-Ha;Kim, Weon-Jong;Sin, Hyun-Taek;Cho, Kyung-Soon;Kim, Gwi-Yeol;Hong, Jin-Woong
    • Proceedings of the Korean Institute of Electrical and Electronic Material Engineers Conference
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    • 2008.11a
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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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A study of methods for Oriental.Western medical approach of Child Neuropsychiatric Disorders (소아신경정신 질환의 한.양방적 접근 방법론 연구)

  • Kim, Geun-Woo
    • Journal of Oriental Neuropsychiatry
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    • v.14 no.2
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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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The bibliographical study on the senile dementia (노인성치매(老人性痴呆)에 대(對)한 문헌적(文獻的) 고찰(考察))

  • Kim, Hyun-Ah;Jeong, Ji-Cheon;Lee, Won-Chel
    • The Journal of Internal Korean Medicine
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    • v.13 no.2
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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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Study on Syndrome Differentiation of Dementia (치매의 변증 연구)

  • Park, Mi Sun;Kim, Yeong Mok
    • Journal of Physiology & Pathology in Korean Medicine
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    • v.28 no.3
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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.

A Study on Jin Jeung Ga Jeung Byun of the Byun Jeung Ok Ham(辨證玉函) (변증옥함(辨證玉函) 권사(卷四) 진증가증변(眞症假症辨)에 대(對)한 연구(硏究))

  • Seo, Jong-Chul;Park, Dong-Seok;Keum, Kyung-Soo
    • Journal of the Korean Institute of Oriental Medical Informatics
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    • v.16 no.2
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    • pp.9-49
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    • 2010
  • Byun Jeung Ok Ham, written by Jin Sa Tak is composed of four books. This book is estimated of being written after A.D 1688 and composed of internal medicine, obstetrics and gynecology, ophthalmology, dental surgery and so on, total 36 parts of clinical medicine. This is the last book of that four studying about definition on true and false of 15 diseases. 15 subjects follow, tumo, heat, faint, hematemesis and nosebleeding, insanity, great vomiting, great diarrhea, great thirst, scrotal hernea, uterus attacked by heat, dysentery, congestion, great swelling, malaria, attack by cold. This treatise is the last book of four which deals with jin ga translating into korean and studying about medical theories. In every parts, author's unique clinical theory appears affluently and in that periods his study developed a lot in those days' medical methods. The first book deals with eum yang. second book is weakness and strongness, third upper and low, fourth truth and untruth. First book, Jin Sa Tak says studying on eum yang is oriental medical basic theory and on incurable diseases or chronic symptoms, doctor must go back to that eumyang demonstration after can cure patients. Second parts are on weakness and strongness demonstration, that weakness is weakness of patients' energy and strongness is prosperous condition of diseases' attack. Third parts are on upper and low, that upper is upper parts of human body of painful parts and low is human low parts of pain, that is parts of under waist. And this treaties fourth parts are truth and untruth, true symptoms and untrue symptoms, that is the real reaction of human condition and the other way. Every prescriptions are author's creations. This book provides new viewpoints which surpasses original ancient medical theories. Author suggests new opinions about chronic and incurable diseases.

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