▶ 제1편 개인적 법익에 대한 죄 ◀

제1장 생명과 신체에 대한 죄 2

제1절 살인의 죄 ··············································································································· 2
Ⅰ. 개 설/2
Ⅱ. 살인죄/3
Ⅲ. 존속살해죄/5
Ⅳ. 영아살해죄(2023.8.8.삭제)/6
Ⅴ. 촉탁·승낙살인죄/6
Ⅵ. 자살교사·방조죄/7
Ⅶ. 위계·위력에 의한 살인죄/8
Ⅷ. 살인예비·음모죄/8

제2절 상해와 폭행의 죄 ·································································································· 8
Ⅰ. 개 설/10
Ⅱ. 상해죄/10
Ⅲ. 존속상해죄/14
Ⅳ. 중상해죄/15
Ⅴ. 존속중상해죄/15
Ⅵ. 특수상해죄/16
Ⅶ. 상해치사죄·존속상해치사죄/16
Ⅷ. 상해죄의 동시범특례/16
Ⅸ. 폭행죄/16
Ⅹ. 존속폭행죄/18
Ⅺ. 특수폭행죄/18
Ⅻ. 폭행치사상죄/23
XⅢ. 상습상해·폭행죄/24

제3절 과실치사상의 죄 ·································································································· 24
Ⅰ. 개 설/25
Ⅱ. 과실치상죄/25
Ⅲ. 과실치사죄/25
Ⅳ. 업무상과실·증과실치사상죄/25

제4절 낙태의 죄 ············································································································· 34
Ⅰ. 개 설/34
Ⅱ. 자기낙태죄/34
Ⅲ. 동의낙태죄/35
Ⅳ. 업무상동의낙태죄/37
Ⅴ. 부동의낙태죄/36
Ⅵ. 낙태치사상죄/37

제5절 유기와 학대의 죄 ································································································· 37
Ⅰ. 개 설/38
Ⅱ. 유기죄/38
Ⅲ. 존속유기죄/40
Ⅳ. 중유기죄·존속중유기죄/40
Ⅴ. 영아유기죄(2023.8.8.삭제)/40
Ⅵ. 학대죄/41
Ⅶ. 존속학대죄/42
Ⅷ. 아동혹사죄/43
Ⅸ. 유기치사상죄/43

제2장 자유에 대한 죄 44

제1절 협박의 죄 ············································································································· 44
Ⅰ. 개 설/44
Ⅱ. 협박죄/44
Ⅲ. 존속협박죄/50
Ⅳ. 특수협박죄/50
Ⅴ. 상습협박죄/50

제2절 강요의 죄 ··············································································································· 50
Ⅰ. 개 설/51
Ⅱ. 강요죄/51
Ⅲ. 특수강요죄/54
Ⅳ. 중강요죄/54
Ⅴ. 인질강요죄/55
Ⅵ. 인질상해·치상죄/55
Ⅶ. 인질살해·치사죄/56

제3절 체포와 감금의 죄 ··································································································· 56
Ⅰ. 개 설/57
Ⅱ. 체포·감금죄/57
Ⅲ. 존속체포·감금죄/60
Ⅳ. 중체포·감금죄, 존속체포·감금죄/61
Ⅴ. 특수체포·감금죄/61
Ⅵ. 상습체포·감금죄/61
Ⅶ. 체포·감금치사상죄/61

제4절 약취·유인 및 인신매매의 죄 ················································································· 62
Ⅰ. 개 설/63
Ⅱ. 미성년자 약취·유인죄/64
Ⅲ. 추행·간음·결혼·영리목적약취·유인죄/67
Ⅳ. 노동력 착취·성매매와 성적착취·장기적출
목적 약취·유인죄/68

Ⅴ. 국외이송목적 약취·유인죄/68
Ⅵ. 피약취·유인자 국외이송죄/68
Ⅶ. 인신매매죄/69
Ⅷ. 추행·간음·결혼·영리목적 인신매매죄/69
Ⅸ. 노동력 착취·성매매와 성적착취·장기적출
목적 인신매매죄/69
Ⅹ. 국외이송목적 인신매매죄/70

Ⅺ. 피매매자 국외이송죄/70
Ⅻ. 피약취·유인·매매·이송자 상해·치상죄/70
XⅢ. 피약취·유인·매매·이송자 살인·치사죄/70
ⅪⅤ. 피약취·유인·매매·이송자 수수·은닉죄/70
ⅩⅤ. 약취·유인·매매·이송목적 모집·운송·전달죄/71

제5절 강간과 추행의 죄 ··································································································· 71
Ⅰ. 개 설/72
Ⅱ. 강간죄/72
Ⅲ. 유사강간죄/76
Ⅳ. 강제추행죄/77
Ⅴ. 준강간죄·준강제추행죄/82
Ⅵ. 미성년자의제강간·강제추행죄/85
Ⅶ. 강간상해·치상죄, 강간살인·치사죄/86
Ⅷ. 미성년자·심신미약자 간음·추행죄/88
Ⅸ. 피감호자간음죄/90
Ⅹ. 피구금자간음죄/91
Ⅺ. 상습범/91
Ⅻ. 성범죄에 대한 특별형법/91

제3장 명예와 신용에 대한 죄 99

제1절 명예에 관한 죄 ···································································································· 99
Ⅰ. 개 설/99
Ⅱ. 명예훼손죄/100
Ⅲ. 사자명예훼손죄/120
Ⅳ. 출판물에 의한 명예훼손죄/121
Ⅴ. 모욕죄/124
Ⅵ. 명예에 관한 죄의 비교/130
Ⅶ. 정보통신망법위반(명예훼손)죄/130

제2절 신용·업무와 경매에 관한 죄 ··············································································· 133
Ⅰ. 개 설 /133
Ⅱ. 신용훼손죄/133
Ⅲ. 업무방해죄/135
Ⅳ. 컴퓨터업무방해죄/156
Ⅴ. 경매·입찰방해죄/158
Ⅵ. 명예훼손죄와 비교/162

제4장 사생활의 평온에 대한 죄 163

제1절 비밀침해의 죄 ······································································································· 163
Ⅰ. 개 설 /163
Ⅱ. 비밀침해죄/163
Ⅲ. 업무상비밀누설죄 /165

제2절 주거침해의 죄 ······································································································· 166
Ⅰ. 개 설/166
Ⅱ. 주거침입죄/167
Ⅲ. 퇴거불응죄/181
Ⅳ. 특수주거침입죄/182
Ⅴ. 주거·신체수색죄/183

제5장 재산에 대한 죄 184

제1절 재산죄의 기본개념 ································································································ 184
Ⅰ. 재산죄의 분류/184
Ⅱ. 재산죄의 객체/184
Ⅲ. 형법상의 점유/191
Ⅳ. 불법영득의사/197
Ⅴ. 친족상도례/203

제2절 절도의 죄 ·············································································································· 207
Ⅰ. 개 설 /208
Ⅱ. 절도죄/208
Ⅲ. 야간주거침입절도죄/214
Ⅳ. 특수절도죄/216
Ⅴ. 자동차 등 불법사용죄/217
Ⅵ. 상습절도죄/218

제3절 강도의 죄 ··············································································································· 218
Ⅰ. 개 설 /219
Ⅱ. 강도죄/220
Ⅲ. 특수강도죄/225
Ⅳ. 준강도죄·준특수강도죄/225
Ⅴ. 인질강도죄/230
Ⅵ. 강도상해·치상죄/230
Ⅶ. 강도살인·치사죄/233
Ⅷ. 강도강간죄/235
Ⅸ. 해상강도죄, 해상강도상해·치상·살인·치사·강간죄/237
Ⅹ. 상습강도죄/238
Ⅺ. 강도예비·음모죄/238

제4절 사기의 죄 ·············································································································· 239
Ⅰ. 개 설 /239
Ⅱ. 사기죄 /242
Ⅲ. 컴퓨터 등 사용사기죄/284
Ⅳ. 신용카드 관련 범죄/288
Ⅴ. 준사기죄/295
Ⅵ. 편의시설부정이용죄/295
Ⅶ. 부당이득죄/296
Ⅷ. 상습사기죄/297

제5절 공갈의 죄 ··············································································································· 297
Ⅰ. 개 설/298
Ⅱ. 공갈죄 /298
Ⅲ. 특수공갈죄/305
Ⅳ. 상습공갈죄/305

제6절 횡령의 죄 ··············································································································· 306
Ⅰ. 개 설/306
Ⅱ. 횡령죄 /307
Ⅲ. 업무상횡령죄/360
Ⅳ. 점유이탈물횡령죄 /361

제7절 배임의 죄 ··············································································································· 361
Ⅰ. 개 설/362
Ⅱ. 배임죄 /363
Ⅲ. 업무상배임죄/398
Ⅳ. 배임수재죄/400
Ⅴ. 배임증재죄/409

제8절 장물의 죄 ·············································································································· 410
Ⅰ. 개 설/410
Ⅱ. 장물죄 /414
Ⅲ. 상습장물죄/418
Ⅳ. 업무상과실·중과실장물죄/418

제9절 손괴의 죄 ·············································································································· 420
Ⅰ. 개 설/420
Ⅱ. 재물손괴죄/420
Ⅲ. 공익건조물파괴죄 /427
Ⅳ. 중손괴죄·손괴치사상죄/427
Ⅴ. 특수손괴죄/427
Ⅵ. 경계침범죄/428

제10절 권리행사를 방해하는 죄 ······················································································ 430
Ⅰ. 개 설 /430
Ⅱ. 권리행사방해죄/430
Ⅲ. 점유강취죄/436
Ⅳ. 준점유강취죄/437
Ⅴ. 중권리행사방해죄/437
Ⅵ. 강제집행면탈죄/438

▶ 제2편 사회적 법익에 대한 죄 ◀

제1장 공공의 안전과 평온에 대한 죄 447

제1절 공안을 해하는 죄 ···································································································· 448
Ⅰ. 개 설 /449
Ⅱ. 범죄단체 등 조직죄/449
Ⅲ. 소요죄 /454
Ⅳ. 다중불해산죄/455
Ⅴ. 전시공수계약불이행죄/455
Ⅵ. 공무원자격사칭죄/456

제2절 폭발물에 관한 죄 ··································································································· 456
Ⅰ. 개 설/457
Ⅱ. 폭발물사용죄/457
Ⅲ. 전시폭발물사용죄/458
Ⅳ. 폭발물사용 예비·음모·선동죄/458
Ⅴ. 전시폭발물 제조·수입·수출·수수·소지죄/458

제3절 방화와 실화의 죄 ·································································································· 458
Ⅰ. 개 설/460
Ⅱ. 현주건조물 등 방화죄/460
Ⅲ. 현주건조물 등 방화치사상죄/463
Ⅳ. 공용건조물 등 방화죄/464
Ⅴ. 일반건조물 등 방화죄/464
Ⅵ. 일반물건방화죄/465
Ⅶ. 연소죄 /466
Ⅷ. 진화방해죄/466
Ⅸ. 폭발성물건파열죄/466
Ⅹ. 폭발성물건파열치사상죄/467
Ⅺ. 가스·전기 등 방류죄/467
Ⅻ. 가스·전기 등 방류치사상죄/467
XⅢ. 가스·전기 등 공급방해죄/467
ⅪⅤ. 가스·전기 등 공급방해치사상죄/467
ⅩⅤ. 방화 등 예비·음모죄/467
XⅥ. 실화죄 /467
XⅦ. 업무상실화·중실화죄/468
XⅧ.. 과실폭발성물건파열 등 죄/469

제4절 일수와 수리에 관한 죄 ·························································································· 469
Ⅰ. 개 설/470
Ⅱ. 현주건조물 등 일수죄/471
Ⅲ. 현주건조물일수치사상죄/471
Ⅳ. 공용건조물 등 일수죄/471
Ⅴ. 일반건조물 등 일수죄/471
Ⅵ. 방수방해죄/471
Ⅶ. 과실일수죄/471
Ⅷ. 일수예비·음모죄/472
Ⅸ. 수리방해죄/472

제5절 교통방해의 죄 ······································································································· 472
Ⅰ. 개 설/473
Ⅱ. 일반교통방해죄/473
Ⅲ. 기차·선박 등 교통방해죄/478
Ⅳ. 기차 등 전복죄/478
Ⅴ. 교통방해치사상죄 /478
Ⅵ. 과실교통방해죄/478
Ⅶ. 업무상과실·중과실교통방해죄/479

제2장 공공의 신용에 대한 죄 481

제1절 통화에 관한 죄 ······································································································ 481
Ⅰ. 개 설/482
Ⅱ. 내국통화 위조·변조죄/482
Ⅲ. 내국유통 외국통화 위조·변조죄/484
Ⅳ. 외국통용 외국통화 위조·변조죄/484
Ⅴ. 위조·변조통화 행사 등 죄/484
Ⅵ. 위조·변조통화 취득죄/486
Ⅶ. 위조통화취득후 지정행사죄/486
Ⅷ. 통화유사물제조·수입·수출죄/487
Ⅸ. 통화위조·변조 예비·음모죄/487

제2절 유가증권·인지와 우표에 관한 죄 ········································································· 488
Ⅰ. 개 설/489
Ⅱ. 유가증권 위조·변조죄/489
Ⅲ. 기재의 위조·변조죄/494
Ⅳ. 자격모용에 의한 유가증권작성죄/495
Ⅴ. 허위유가증권작성죄/496
Ⅵ. 위조 등 유가증권 행사·수입·수출죄/497
Ⅶ. 인지·우표 위조·변조죄/499
Ⅷ. 위조·변조 인지·우표 행사·수입·수출죄/499
Ⅸ. 위조·변조 인지·우표 취득죄/499
Ⅻ. 소인말소죄/500
XⅢ. 인지·우표유사물 제조·수입·수출죄/500
ⅪⅤ. 예비·음모죄/500

제3절 문서에 관한 죄 ······································································································ 500
Ⅰ. 개 설/502
Ⅱ. 사문서위조·변조죄/510
Ⅲ. 자격모용에 의한 사문서작성죄/523
Ⅳ. 사전자기록 위작·변작죄/526
Ⅴ. 공문서위조·변조죄/529
Ⅵ. 자격모용에 의한 공문서작성죄/531
Ⅶ. 공전자기록 위작·변작죄/532
Ⅷ. 허위진단서 등 작성죄/534
Ⅸ. 허위공문서작성죄 /536
Ⅹ. 공정증서원본 등 부실기재죄/544
Ⅺ. 위조·변조·작성 사문서행사죄/555
Ⅻ. 위조·변조 등 공문서행사죄/557
XⅢ. 사문서부정행사죄/558
ⅪⅤ. 공문서부정행사죄 /559

제4절 인장에 관한 죄 ······································································································ 562
Ⅰ. 개 설/563
Ⅱ. 사인 등 위조·부정사용죄/563
Ⅲ. 위조사인 등 행사죄/566
Ⅳ. 공인 등 위조·부정사용죄/566
Ⅴ. 위조공인 등 행사죄/568

제3장 공중의 건강에 대한 죄 569

제1절 음용수에 관한 죄 ·································································································· 569
Ⅰ. 개 설/569
Ⅱ. 음용수사용방해죄/569
Ⅲ. 음용수유해물혼입죄/569
Ⅳ. 수도음용수사용방해죄/569
Ⅴ. 수도음용수유해물혼입죄/569
Ⅵ. 음용수혼독치사상죄/569
Ⅶ. 수도불통죄/570

제2절 아편에 관한 죄 ····································································································· 570
Ⅰ. 개 설/571
Ⅱ. 아편흡식죄/571
Ⅲ. 아편흡식장소제공죄/571
Ⅳ. 아편 등 제조·수입·판매·판매목적 소지죄/571
Ⅴ. 아편흡식기 제조·수입·판매·판매목적 소지죄 /571
Ⅵ. 세관공무원의 아편 등 수입·수입허용죄 /572
Ⅶ. 상습아편흡식·제조·수입·판매죄/572
Ⅷ. 아편 등 소지죄/572

제4장 사회의 도덕에 대한 죄 573

제1절 성풍속에 관한 죄 ································································································· 573
Ⅰ. 개 설/573
Ⅱ. 음행매개죄/573
Ⅲ. 음화 등 반포·판매·임대·공연전시죄/574
Ⅳ. 음화 등 제조·소지·수입·수출죄/577
Ⅴ. 공연음란죄/578
Ⅵ. 기타 특별형법/580

제2절 도박과 복표에 관한 죄 ························································································ 580
Ⅰ. 개 설/580
Ⅱ. 도박죄 /581
Ⅲ. 상습도박죄/583
Ⅳ. 도박장소 등 개설죄/583
Ⅴ. 복표발매·중개·취득죄/584

제3절 신앙에 관한 죄 ···································································································· 585
Ⅰ. 개 설/586
Ⅱ. 장례식 등 방해죄 /586
Ⅲ. 사체 등 오욕죄/587
Ⅳ. 분묘발굴죄/587
Ⅴ. 사체 등 손괴·유기·은닉·영득죄/587
Ⅵ. 변사체검시방해죄 /588

▶ 제3편 국가적 법익에 대한 죄 ◀

제1장 국가의 존립과 권위에 대한 죄 589

제1절 내란의 죄 ·············································································································· 590
Ⅰ. 개 설/590
Ⅱ. 내란죄/591
Ⅲ. 내란목적살인죄/592
Ⅳ. 내란예비·음모·선동·선전죄/593

제2절 외환의 죄 ·············································································································· 594
Ⅰ. 개 설/596
Ⅱ. 외환유치죄/596
Ⅲ. 여적죄 /596
Ⅳ. 모병이적죄/596
Ⅴ. 시설제공이적죄/596
Ⅵ. 시설파괴이적죄/596
Ⅶ. 물건제공이적죄/596
Ⅷ. 일반이적죄/597
Ⅸ. 간첩죄 /597
Ⅹ. 전시군수계약불이행죄/600
Ⅺ. 외환예비·음모·선동·선전죄/600

제3절 국기에 관한 죄 ······································································································ 600
Ⅰ. 개 설/600
Ⅱ. 국기·국장모독죄/601
Ⅲ. 국기·국장비방죄/601

제4절 국교에 관한 죄 ······································································································ 601
Ⅰ. 개 설/602
Ⅱ. 외국원수에 대한 폭행 등 죄/602
Ⅲ. 외국사절에 대한 폭행 등 죄/602
Ⅳ. 외국국기·국장모독죄/603
Ⅴ. 외국에 대한 사전(私戰)죄/603
Ⅵ. 중립명령위반죄/603
Ⅶ. 외교상기밀누설죄 /603

제2장 국가의 기능에 대한 죄 604

제1절 공무원의 직무에 관한 죄 ······················································································· 604
Ⅰ. 개 설/605
Ⅱ. 직무유기죄/606
Ⅲ. 피의사실공표죄/612
Ⅳ. 공무상비밀누설죄/613
Ⅴ. 직권남용죄/616
Ⅵ. 불법체포·감금죄/624
Ⅶ. 폭행·가혹행위죄/624
Ⅷ. 선거방해죄/625
Ⅸ. 뇌물죄의 일반이론/625
Ⅹ. 수뢰죄(뇌물수수죄)/638
Ⅺ. 사전수뢰죄/646
Ⅻ. 제3자뇌물공여죄/647
XⅢ. 수뢰후부정처사죄/649
ⅪⅤ. 부정처사후수뢰죄/651
ⅩⅤ. 사후수뢰죄/651
ⅩⅥ . 알선수뢰죄/652
ⅩⅦ . 증뢰죄/655

제2절 공무방해에 관한 죄 ································································································ 657
Ⅰ. 개 설/657
Ⅱ. 공무집행방해죄/659
Ⅲ. 직무·사직강요죄/671
Ⅳ. 위계에 의한 공무집행방해죄/671
Ⅴ. 법정·국회의장모욕죄/683
Ⅵ. 인권옹호직무방해죄/683
Ⅶ. 공무상비밀표시무효죄/683
Ⅷ. 공무상비밀침해죄 /687
Ⅸ. 부동산강제집행효용침해죄/687
Ⅹ. 공용서류 등 무효죄/687
Ⅺ. 공용물파괴죄/690
Ⅻ. 공무상보관물무효죄/691
XⅢ. 특수공무방해죄·특수공무방해치사상죄/691

제3절 도주와 범인은닉의 죄 ····························································································· 692
Ⅰ. 개 설/693
Ⅱ. 도주죄/693
Ⅲ. 집합명령위반죄/694
Ⅳ. 특수도주죄/694
Ⅴ. 도주원조죄/694
Ⅵ. 간수자도주원조죄/695
Ⅶ. 범인은닉죄/695

제4절 위증과 증거인멸의 죄 ····························································································· 704
Ⅰ. 개 설/704
Ⅱ. 위증죄 /704
Ⅲ. 모해위증죄/712
Ⅳ. 허위감정·통역·번역죄/714
Ⅴ. 증거인멸죄/714
Ⅵ. 증인은닉·도피죄/718
Ⅶ. 모해증거인멸죄/718

제5절 무고의 죄 ················································································································ 719
Ⅰ. 개 설/719
Ⅱ. 무고죄/719

판례색인 ····························································································································· 733