품목정보
발행일 | 2018년 12월 03일 |
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쪽수, 무게, 크기 | 1030쪽 | 190*260*60mm |
ISBN13 | 9791163480174 |
ISBN10 | 1163480177 |
중고샵 판매자가 직접 등록/판매하는 상품으로 판매자가 해당 상품과 내용에 모든 책임을 집니다.
발행일 | 2018년 12월 03일 |
---|---|
쪽수, 무게, 크기 | 1030쪽 | 190*260*60mm |
ISBN13 | 9791163480174 |
ISBN10 | 1163480177 |
제1부 형법 총론 제1편 형법서론 제1장 형법의 기본개념 / 18 제1절 형법의 의의와 종류 ······························18 Ⅰ 법률의 의의와 종류 ···································18 Ⅱ 형법의 의의와 종류 ···································18 Ⅲ 형법의 지위와 성격 ···································18 제2절 형법의 기능 ··········································19 Ⅰ 규제적 기능 ···············································19 Ⅱ 보호적 기능 ···············································19 Ⅲ 보장적 기능 ···············································19 제3절 형법의 발전 ·········································20 Ⅰ 법익 보호기능과 사회윤리적 행위가치 보호기능 ····················································21 Ⅱ 형벌이론 ····················································21 Ⅲ 형법학파의 비교 ········································22 제2장 죄형법정주의 / 23 제1절 죄형법정주의의 개관 ···························23 제2절 죄형법정주의의 내용 ···························23 Ⅰ 법률주의(관습형법금지원칙, 포괄위임금지원칙) ·································································23 Ⅱ 명확성원칙 ················································26 Ⅲ 소급금지원칙(형벌불소급원칙) ····················31 Ⅳ 유추해석금지원칙 ·····································35 Ⅴ 적정성원칙 ················································52 제3장 형법의 적용범위 / 54 제1절 형법의 시간적 적용범위 ······················54 Ⅰ 제1조 1항의 해석 ·······································54 Ⅱ 제1조 2항의 해석 ·······································55 Ⅲ 제1조 3항의 해석 ······································58 Ⅳ 제1조 2항·3항의 예외 ·······························58 Ⅴ 한시법과 백지형법 ····································59 제2절 형법의 장소적 적용범위 ······················67 Ⅰ 속지주의 ···················································67 Ⅱ 기국주의 ···················································67 Ⅲ 속인주의 ···················································68 Ⅳ 제5조의 보호주의 ·····································69 Ⅴ 제6조의 보호주의 ·····································69 Ⅵ 세계주의 ···················································70 Ⅶ 국가간 법률충돌의 해결 ·····························71 제3절 형법의 인적 적용범위 ··························72 Ⅰ 인적 적용범위의 원칙 ·······························72 Ⅱ 인적 적용범위의 예외 ·······························72 제4절 특별법과의 관계 ··································73 제2편 범죄론 제1장 범죄론의 기초 / 76 제1절 행위요건·성립요건·처벌조건·소추조건 ·····························································76 Ⅰ 행위요건 ···················································76 Ⅱ 성립요건 ···················································76 Ⅲ 처벌조건 ···················································76 Ⅳ 소추조건 ····················································77 7급 이론 ····················································79 제2절 범죄의 의의와 종류 ·····························80 Ⅰ 범죄주체별 분류 ·······································80 Ⅱ 기수시기별 분류 ·······································80 Ⅲ 기수요건별 분류 ········································81 Ⅳ 종료시기별 분류 ········································81 Ⅴ 초과주관적 구성요건 ·································81 제3절 결과반가치와 행위반가치 ····················83 Ⅰ 불법의 의미 ··············································83 Ⅱ 불법의 내용 ··············································83 제2장 구성요건론 / 84 제1절 구성요건의 일반이론 ···························84 Ⅰ 구성요건의 의의 ·······································84 Ⅱ 구성요건이론의 발전 ································84 Ⅲ 구성요건과 위법성의 관계 ························84 Ⅳ 소극적 구성요건표지이론 ·························84 Ⅴ 구성요건의 요소 ·······································85 7급 이론 ····················································86 제2절 행위의 주체와 객체 ·····························88 Ⅰ 행위의 주체 ··············································88 Ⅱ 행위의 객체와 보호법익 ····························91 7급 이론 ····················································92 제3절 부작위범 ··············································95 Ⅰ 부작위범과 작위범 ····································95 Ⅱ 진정부작위범과 부진정부작위범 ···············95 Ⅲ 부작위범의 요건 ·······································96 Ⅳ 법적 작위의무 ···········································97 Ⅴ 작위와 부작위의 적용 ·······························98 Ⅵ 관련문제 ··················································100 7급 이론 ···················································101 제4절 인과관계와 객관적 귀속 ····················103 Ⅰ 인과관계의 의의 ······································103 Ⅱ 인과관계에 관한 학설 ······························103 Ⅲ 인과관계의 유형 ······································104 Ⅳ 인과관계의 입증 ······································106 7급 이론 ····················································111 제5절 구성요건적 고의 ·································116 Ⅰ 고의의 개관 ··············································116 Ⅱ 고의의 인식대상 ·······································116 Ⅲ 고의의 종류 ··············································117 7급 이론 ···················································124 제6절 구성요건적 착오 ·································126 Ⅰ 구성요건적 착오의 의의 ··························126 Ⅱ 구성요건적 착오의 종류 ··························126 Ⅲ 기타 협의의 착오의 종류 ·························127 Ⅳ 판례와 학설의 해결 ··································127 Ⅴ 사례의 해결 ·············································128 Ⅵ 병발사례 ··················································128 Ⅶ 개괄적 고의 과실 사례 ·····························129 제7절 과실범 ·················································131 Ⅰ 과실범의 개관 ··········································131 Ⅱ 과실범의 구성요건 ···································134 Ⅲ 관련문제 ··················································134 Ⅳ 신뢰의 원칙 ·············································143 7급 이론 ···················································150 제8절 결과적 가중범 ····································152 Ⅰ 결과적 가중범의 의미 ······························152 Ⅱ 결과적 가중범의 종류 ······························152 Ⅲ 구성요건 ··················································153 Ⅳ 행위책임주의 ···········································153 Ⅴ 관련문제 ··················································156 제3장 위법성론 / 159 제1절 위법성의 일반이론 ·····························159 Ⅰ 위법성과 불법 ··········································159 Ⅱ 위법성조각사유 ·······································159 Ⅲ 주관적 정당화의사 ···································159 7급 이론 ···················································160 제2절 정당방위 ·············································163 Ⅰ 정당방위의 개념 ······································163 Ⅱ 성립요건 ··················································163 Ⅲ 정당방위의 효과 ······································168 Ⅳ 기타의 방위 ·············································168 제3절 긴급피난 ·············································170 Ⅰ 긴급피난의 개념 ······································170 Ⅱ 성립요건 ··················································170 Ⅲ 긴급피난의 효과 ·······································171 Ⅳ 기타의 피난 ·············································172 Ⅴ 의무의 충돌 ·············································172 제4절 자구행위 ·············································173 Ⅰ 자구행위의 개념 ······································173 Ⅱ 자구행위의 요건 ······································173 Ⅲ 자구행위의 효과 ······································174 Ⅳ 과잉자구행위와 야간과잉자구행위 ···········174 제5절 피해자의 승낙 ····································176 Ⅰ 피해자의 동의의 의미 ······························176 Ⅱ 피해자의 동의를 양해로 해석하는 경우 ··· 176 Ⅲ 피해자의 동의를 피해자의 승낙으로 해석하는 경우 ·························································177 Ⅳ 추정적 승낙 ·············································179 제6절 정당행위 ············································180 Ⅰ 법령에 의한 행위 ·····································180 Ⅱ 업무로 인한 행위 ·····································186 Ⅲ 기타 사회상규에 합치하는 행위 ···············188 제4장 책임론 / 197 제1절 책임의 일반이론 ·································197 Ⅰ 책임주의 ··················································197 Ⅱ 책임의 근거 ·············································197 Ⅲ 책임의 본질 ·············································198 Ⅳ 범죄체계론 ··············································198 7급 이론 ···················································199 제2절 책임능력 ············································203 Ⅰ 책임능력의 개념 ·····································203 Ⅱ 책임무능력자 ··········································203 Ⅲ 한정책임능력자 ·······································208 Ⅳ 원인에 있어서 자유로운 행위 ··················210 제3절 위법성의 인식과 금지착오 ·················212 Ⅰ 금지착오의 개념 ······································212 Ⅱ 금지착오의 유형 ······································212 Ⅲ 금지착오의 효과 ······································213 Ⅳ 위법성조각사유의 전제사실의 착오 ·········221 7급 이론 ··················································223 제4절 기대가능성 ·········································227 Ⅰ 기대가능성의 판단기준 ···························227 Ⅱ 기대불가능성의 유형 ·······························228 Ⅲ 강요된 행위 ·············································229 제5장 미수론 / 232 제1절 미수범의 일반이론 ·····························232 Ⅰ 범죄실현의 단계 ······································232 Ⅱ 미수범의 유형 ·········································232 Ⅲ 미수범의 처벌근거 ··································232 제2절 음모·예비죄 ·······································233 Ⅰ 선전·선동의 개념 ·····································233 Ⅱ 음모·예비의 개념 ·····································233 Ⅲ 음모예비의 법적성격 ·······························234 Ⅳ 관련문제 ·················································235 제3절 장애미수 ············································240 Ⅰ 개념 ························································240 Ⅱ 성립요건 ·················································240 Ⅲ 실행의 착수 ············································240 7급 이론 ··················································246 제4절 중지미수 ············································247 Ⅰ 개념 ·························································247 Ⅱ 성립요건 ··················································247 Ⅲ 자의성 ·····················································247 Ⅳ 범행의 중지 또는 결과의 방지 ················250 Ⅴ 공범과 중지미수 ·····································250 Ⅵ 관련문제 ·················································252 7급 이론 ··················································253 제5절 불능미수 ············································254 Ⅰ 개념 ························································254 Ⅱ 성립요건 ·················································254 Ⅲ 불능미수의 판단 ······································255 7급 이론 ··················································258 제6장 공범론 / 260 제1절 공범의 일반이론 ································260 Ⅰ 서설 ························································260 Ⅱ 필요적 공범 ············································260 Ⅲ 정범과 공범의 관계(다수설) ·····················263 Ⅳ 기도된 교사·방조 ····································264 7급 이론 ··················································265 제2절 간접정범 ············································268 Ⅰ 정범과 공범의 구별 ·································268 Ⅱ 간접정범의 이용행위 ·······························270 Ⅲ 간접정범의 처벌 ·······································271 Ⅳ 간접정범과 착오 ······································272 Ⅴ 특수교사·방조 ·········································272 Ⅵ 각칙에 문제되는 간접정범 ·······················272 7급 이론 ··················································274 제3절 공동정범 ············································276 Ⅰ 공동정범의 개념 ······································276 Ⅱ 주관적 요건 ·············································277 Ⅲ 객관적 요건 ············································284 Ⅳ 공동정범의 책임 ·····································289 Ⅴ 동시범 ·····················································290 Ⅵ 합동범 ·····················································292 제4절 교사범 ················································294 Ⅰ 개념 ························································294 Ⅱ 성립요건 ·················································294 Ⅲ 교사의 착오 ············································298 Ⅳ 관련문제 ·················································299 제5절 방조범 ···············································300 Ⅰ 총칙상 방조범의 개념 ·····························300 Ⅱ 성립요건 ·················································300 Ⅲ 방조의 착오 ············································304 Ⅳ 관련문제 ·················································304 제6절 공범과 신분 ·······································307 Ⅰ 형법상 신분 ·············································307 Ⅱ 적극적 신분(제33조의 해석) ·····················308 Ⅲ 소극적 신분 ··············································311 7급 이론 ···················································312 제7장 죄수론 / 316 제1절 죄수의 일반이론 ·································316 Ⅰ 죄수론의 의의 ··········································316 Ⅱ 죄수결정의 기준 ······································316 제2절 일죄 ····················································317 Ⅰ 법조경합 ··················································317 Ⅱ 포괄일죄 ··················································321 제3절 상상적 경합 ·······································328 Ⅰ 개념 ························································328 Ⅱ 요건 ························································328 Ⅲ 효과 ························································328 제4절 실체적 경합 ·······································333 Ⅰ 경합범의 개념 ·········································333 Ⅱ 실체법적 요건 ·········································333 Ⅲ 소송법적 요건 ·········································333 Ⅳ 경합범의 효과 ·········································335 7급 이론 ··················································340 제3편 형벌론 .제1절 형벌의 종류 ·······································346 Ⅰ 형벌의 종류 ············································346 Ⅱ 사형 ························································346 Ⅲ 자유형 ·····················································346 Ⅳ 명예형 ·····················································347 Ⅴ 재산형 ·····················································347 제2절 형의 양정 ···········································356 Ⅰ 양형단계 ·················································356 Ⅱ 양형기준 ·················································356 Ⅲ 형의 가중 감경 면제 ·······························356 Ⅳ 미결구금 ·················································359 Ⅴ 판결의 공시 ············································360 Ⅵ 자수와 자복 ·············································361 Ⅶ 형사절차의 개관 ·····································363 제3절 누범 ···················································364 Ⅰ 서설 ························································364 Ⅱ 누범가중의 요건 ·····································365 Ⅲ 누범의 효과 ·············································367 Ⅳ 특가법상 누범 ·········································367 제4절 선고유예·집행유예·가석방 ···············369 Ⅰ 선고유예 ·················································369 Ⅱ 집행유예 ··················································371 Ⅲ 가석방 ·····················································375 7급 이론 ··················································378 제5절 형의 시효·소멸·기간 ·························380 Ⅰ 형의 시효 ················································380 Ⅱ 형의 소멸 ·················································381 Ⅲ 사면·감형·복권 ·······································382 Ⅳ 형의 기간 ················································383 제6절 보안처분 ············································384 Ⅰ 서설 ························································384 Ⅱ 형벌과 보안처분의 관계 ··························384 Ⅲ 현행법상 보안처분 ··································384 제2부형법 각론 제1편 개인적 법익에 대한 죄 제1장 생명과 신체에 대한 죄 / 390 제1절 살인의 죄 ··········································390 Ⅰ 서설 ························································390 Ⅱ 살인죄 ·····················································390 Ⅲ 존속살해죄 ··············································393 Ⅳ 영아살해죄 ··············································394 Ⅴ 기타범죄 ·················································395 제2절 상해와 폭행의 죄 ·······························397 Ⅰ 서설 ························································397 Ⅱ 상해죄와 폭행죄의 비교 ··························397 Ⅲ 상해죄 ·····················································398 Ⅳ 폭행죄 ·····················································403 제3절 과실치사상의 죄 ································410 Ⅰ 서설 ·························································410 Ⅱ 과실치사상죄 ···········································410 제4절 낙태의 죄 ···········································414 Ⅰ 서설 ·························································414 Ⅱ 낙태죄 ·····················································414 제5절 유기와 학대의 죄 ·······························416 Ⅰ 서설 ·························································416 Ⅱ 유기죄 ·····················································416 Ⅲ 기타 범죄 ·················································418 제2장 자유에 대한 죄 / 421 제1절 협박의 죄 ···········································421 Ⅰ 서설 ·························································421 Ⅱ 협박죄 ······················································421 Ⅲ 기타 범죄 ················································427 제2절 강요의 죄 ···········································428 Ⅰ 서설 ························································428 Ⅱ 강요죄 ·····················································428 Ⅲ 기타 범죄 ················································430 제3절 체포와 감금의 죄 ·······························432 Ⅰ 서설 ························································432 Ⅱ 체포·감금죄 ············································432 Ⅲ 기타 범죄 ················································435 제4절 약취와 유인의 죄 ·······························437 Ⅰ 서설 ························································437 Ⅱ 조문의 분석 - 2013년 개정 ·····················437 Ⅲ 미성년자 약취·유인죄 ·····························438 Ⅳ 기타 범죄 ·················································441 제5절 강간과 추행의 죄 ·······························444 Ⅰ 서설 ························································444 Ⅱ 조문의 분석 ············································444 Ⅲ 강간죄 ·····················································444 Ⅳ 기타 범죄 ················································448 Ⅴ 성폭력범죄의 처벌 등에 관한 특례법 ······455 Ⅵ 아동·청소년의 성보호에 관한 법률 ·········458 제3장 명예와 신용에 대한 죄 / 459 제1절 명예에 관한 죄 ··································459 Ⅰ 서설 ························································459 Ⅱ 조문의 분석 ············································459 Ⅲ 명예훼손죄 ··············································459 Ⅳ 기타 범죄 ·················································471 제2절 신용·업무·경매에 관한 죄 ················476 Ⅰ 서설 ························································476 Ⅱ 조문의 분석 ·············································476 Ⅲ 신용훼손죄 ··············································476 Ⅳ 업무방해죄 ··············································478 Ⅴ 기타 범죄 ·················································491 제4장 사생활의 평온에 대한 죄 / 495 제1절 비밀침해의 죄 ····································495 Ⅰ 서설 ························································495 Ⅱ 개인의 비밀 ············································495 제2절 주거침입의 죄 ····································497 Ⅰ 서설 ························································497 Ⅱ 조문의 분석 ············································498 Ⅲ 주거침입죄 ··············································498 Ⅳ 기타 범죄 ················································503 제5장 재산에 대한 죄 / 506 제1절 재산죄의 기본개념 ····························506 Ⅰ 재산죄의 분류 ·········································506 Ⅱ 재산죄의 객체 ·········································507 Ⅲ 형법상 점유 ··············································511 Ⅳ 불법영득의사 ···········································516 Ⅴ 친족상도례 ··············································520 제2절 절도의 죄 ···········································524 Ⅰ 서설 ························································524 Ⅱ 절도죄 ·····················································524 Ⅲ 기타 범죄 ················································530 제3절 강도의 죄 ···········································532 Ⅰ 서설 ························································532 Ⅱ 강도죄 ·····················································532 Ⅲ 특수강도죄 ··············································535 Ⅳ 준강도죄 ·················································536 Ⅴ 기타 범죄 ················································540 제4절 사기의 죄 ···········································546 Ⅰ 서설 ························································546 Ⅱ 사기죄 ·····················································546 Ⅲ 삼각사기 ··················································572 Ⅳ 신용카드 관련 범죄 ·································579 Ⅴ 기타 범죄 ················································584 제5절 공갈의 죄 ···········································588 Ⅰ 서설 ························································588 Ⅱ 공갈죄 ·····················································588 Ⅲ 기타 범죄 ················································593 제6절 횡령의 죄 ···········································594 Ⅰ 서설 ························································594 Ⅱ 횡령죄의 본질 ·········································594 Ⅲ 횡령죄 ·····················································594 Ⅳ 기타의 횡령죄 ··········································616 Ⅴ 기타 범죄 ················································622 제7절 배임의 죄 ···········································624 Ⅰ 서설 ························································624 Ⅱ 배임죄의 본질 ·········································624 Ⅲ 배임죄 ·····················································624 Ⅳ 기타 범죄 ·················································651 제8절 장물의 죄 ···········································659 Ⅰ 서설 ························································659 Ⅱ 장물죄의 본질 ·········································659 Ⅲ 장물의 개념 ············································660 Ⅳ 장물죄 ·····················································662 Ⅴ 기타 범죄 ················································666 제9절 손괴의 죄 ···········································668 Ⅰ 서설 ························································668 Ⅱ 재물손괴죄 ··············································668 Ⅲ 기타 범죄 ················································672 제10절 권리행사를 방해하는 죄 ··················674 Ⅰ 서설 ························································674 Ⅱ 권리행사방해죄 ·······································674 Ⅲ 기타 범죄 ················································679 Ⅳ 강제집행면탈죄 ·······································679 제2편 사회적 법익에 대한 죄 제1장 공공의 안전과 평온에 대한 죄 / 688 제1절 공안을 해하는 죄 ······························688 Ⅰ 서설 ························································688 Ⅱ 공안을 해하는 죄 ····································688 제2절 폭발물에 관한 죄 ·······························692 Ⅰ 서설 ························································692 Ⅱ 폭발물에 관한 죄 ····································692 제3절 방화와 실화의 죄 ·······························694 Ⅰ 서설 ························································694 Ⅱ 현주건조물등방화죄 ································695 Ⅲ 기타 범죄 ················································697 제4절 일수와 수리에 관한 죄 ·······················701 Ⅰ 서설 ·························································701 Ⅱ 일수와 수리에 관한 죄 ·····························701 제5절 교통방해의 죄 ····································704 Ⅰ 서설 ························································704 Ⅱ 일반교통방해죄 ·······································704 Ⅲ 기타 범죄 ················································708 제2장 공중의 건강에 대한 죄 / 710 제1절 음용수에 관한 죄 ·······························710 Ⅰ 서설 ·························································710 Ⅱ 음용수에 관한 죄 ·····································710 제2절 아편에 관한 죄 ···································712 Ⅰ 서설 ·························································712 Ⅱ 아편에 관한 죄 ·········································712 제3장 공공의 신용에 대한 죄 / 714 제1절 통화에 관한 죄 ···································714 Ⅰ 서설 ·························································714 Ⅱ 통화위조·변조죄 ······································714 Ⅲ 기타 범죄 ·················································716 제2절 유가증권·인지·우표에 관한 죄 ··········718 Ⅰ 서설 ·························································718 Ⅱ 유가증권 위조·변조죄 ······························718 Ⅲ 자격모용에 의한 유가증권작성죄 ············723 Ⅳ 허위유가증권작성죄 ································724 Ⅴ 기타 범죄 ················································726 제3절 문서에 관한 죄 ··································729 Ⅰ 서설 ·························································729 Ⅱ 문서 위조·변조죄 ····································729 Ⅲ 자격모용에 의한 문서작성죄 ···················744 Ⅳ 전자기록 위작·변작죄 ·····························746 Ⅴ 허위문서작성죄 ·······································748 Ⅵ 기타 범죄 ·················································761 제4절 인장에 관한 죄 ··································765 Ⅰ 서설 ························································765 Ⅱ 인장에 관한 죄 ········································765 제4장 사회의 도덕에 대한 죄 / 768 제1절 성풍속에 관한 죄 ·······························768 Ⅰ 서설 ························································768 Ⅱ 성풍속에 관한 죄 ····································768 제2절 도박과 복표에 관한 죄 ·······················772 Ⅰ 서설 ·························································772 Ⅱ 도박과 복표에 관한 죄 ····························772 제3절 신앙에 관한 죄 ···································776 Ⅰ 서설 ·························································776 Ⅱ 신앙에 관한 죄 ········································776 제3편 국가적 법익에 대한 죄 제1장 국가의 존립과 권위에 대한 죄 / 782 제1절 내란의 죄 ···········································782 Ⅰ 서설 ························································782 Ⅱ 내란죄 ·····················································782 제2절 외환의 죄 ···········································784 Ⅰ 서설 ························································784 Ⅱ 외환죄 ·····················································784 제3절 국기에 관한 죄 ··································789 Ⅰ 서설 ························································789 Ⅱ 국기에 관한 죄 ········································789 제4절 국교에 관한 죄 ··································790 Ⅰ 서설 ························································790 Ⅱ 국교에 관한 죄 ········································790 제2장 국가의 기능에 대한 죄 / 793 제1절 공무원의 직무에 관한 죄 ···················793 Ⅰ 서설 ························································793 Ⅱ 공무원의 개념 ·········································793 Ⅲ 직무유기죄 ··············································793 Ⅳ 직권남용죄 ··············································798 Ⅴ 기타 범죄 ················································802 제2절 뇌물에 관한 죄 ··································805 Ⅰ 서설 ························································805 Ⅱ 뇌물성 ·····················································805 Ⅲ 뇌물에 관한 죄 ·········································811 Ⅳ 뇌물의 몰수·추징 ····································825 제3절 공무방해에 관한 죄 ···························829 Ⅰ 서설 ························································829 Ⅱ 공무집행방해죄 ·······································829 Ⅲ 위계에 의한 공무집행방해죄 ···················838 Ⅳ 기타 범죄 ················································843 제4절 도주죄 ················································853 Ⅰ 서설 ························································853 Ⅱ 도주죄 ·····················································853 제5절 범인은닉과 증거인멸의 죄 ················855 Ⅰ 서설 ························································855 Ⅱ 범인은닉죄 ··············································855 Ⅲ 증거인멸죄 ··············································860 Ⅳ 기타 범죄 ················································863 Ⅴ 친족간 특례 ············································863 제6절 위증죄·무고죄 ···································865 Ⅰ 서설 ························································865 Ⅱ 위증죄 ·····················································865 Ⅲ 기타 위증죄 ·············································871 Ⅳ 무고죄 ······················································871 Ⅴ 자수·자백의 특례 |