제1편 서론

제1장|형법의 기본개념
제1절 형법의 의의····························································································· 3
제2절 형법의 기능···························································································· 4
제3절 형법이론 ································································································ 5
제4절 죄형법정주의··························································································· 7
제2장|형법의 적용범위
제1절 시간적 적용범위···················································································· 31
제2절 장소적 적용범위··················································································· 40
제1항 입법주의 / 40
제2항 형법의 태도 / 40
제3절 인적 적용범위······················································································· 46

제2편 범죄론

제1장|범죄론의 기초
제1절 범죄의 의의와 종류··············································································· 49
제1항 범죄의 개념 / 49
제2항 범죄의 성립요건·처벌조건·소추조건 / 49
제3항 범죄의 종류 / 52
제2절 행위론··································································································· 58
제3절 범죄체계론···························································································· 59

제2장|구성요건론
제1절 구성요건 이론······················································································· 60
제1항 서설 / 60
제2항 구성요건 요소 / 62
제2절 행위반가치와 결과반가치······································································ 64
제3절 범죄의 주체와 객체·············································································· 67
제1항 범죄(행위)의 주체 / 67
제2항 범죄(행위)의 객체와 보호의 객체 / 72
제4절 부작위범································································································ 73
제1항 서설 / 73
제2항 부작위범의 성립요건 / 76
제3항 부작위범의 처벌 / 83
제4항 관련문제 / 84
제5절 인과관계와 객관적 귀속이론································································· 87
제1항 인과관계 / 87
제2항 객관적 귀속이론 / 94
제6절 구성요건적 고의···················································································· 97
제1항 서설 / 97
제2항 고의의 본질과 내용 / 97
제3항 고의의 종류 / 100
제4항 고의의 존재시기 / 106
제7절 구성요건적 착오(사실의 착오) ····························································· 107
제1항 서설 / 107
제2항 구성요건적 착오의 종류 / 107
제3항 구성요건적 착오와 고의의 성부 / 108
제4항 관련문제 / 111
제8절 과실범·································································································· 112
제1항 서설 / 113
제2항 과실범의 성립요건 / 116
제3항 객관적 주의의무의 제한원리 / 121
제4항 관련문제 / 129
제9절 결과적 가중범····················································································· 130
제1항 서설 / 130 제2항 결과적 가중범의 성립요건 / 133
제3항 관련문제 / 137

제3장|위법성론
제1절 위법성의 일반이론··············································································· 140
제1항 서설 / 140
제2항 위법성조각사유 / 141
제2절 정당방위······························································································ 143
제1항 서설 / 143
제2항 정당방위의 성립요건 / 143
제3항 과잉방위와 오상방위 / 153
제3절 긴급피난······························································································ 156
제1항 서설 / 156
제2항 긴급피난의 성립요건 / 156
제3항 긴급피난의 효과와 특칙 / 161
제4항 과잉피난 / 161
제5항 의무의 충돌 / 162
제4절 자구행위······························································································ 164
제1항 서설 / 164
제2항 성립요건 / 164
제3항 자구행위의 효과 / 167
제5절 피해자의 승낙····················································································· 168
제1항 서설 / 168
제2항 피해자 승낙의 성립요건 / 170
제3항 피해자 승낙의 효과 / 173
제4항 추정적 승낙 / 174
제6절 정당행위······························································································ 177
제1항 의의 / 177
제2항 법령에 의한 행위 / 177
제3항 업무로 인한 행위 / 185
제4항 사회상규에 위배되지 않는 행위 / 190

제4장|책임론
제1절 책임이론······························································································ 200
제1항 서설 / 200
제2항 책임의 근거 / 201
제3항 책임의 본질 / 202
제2절 책임능력····························································································· 204
제1항 서설 / 204
제2항 책임무능력자 / 205
제3항 한정책임능력자 / 210
제4항 원인에 있어서 자유로운 행위 / 212
제3절 위법성의 인식····················································································· 216
제4절 법률의 착오(금지착오) ········································································ 219
제5절 위법성조각사유의 전제사실에 대한 착오의 효과································ 227
제6절 기대가능성·························································································· 231
제1항 서설 / 231
제2항 강요된 행위 / 236

제5장|미수론
제1절 범죄의 실현단계·················································································· 240
제2절 예비·음모죄······················································································· 241
제1항 서설 / 241
제2항 예비죄의 성립요건 / 242
제3항 예비죄의 처벌 / 245
제4항 관련문제 / 246
제3절 미수범의 일반이론·············································································· 248
제1항 서설 / 248
제2항 미수범의 체계와 처벌 / 249
제4절 장애미수······························································································ 251
제1항 의의 / 251
제2항 장애미수의 성립요건 / 251
제3항 처벌 / 261
제5절 중지미수····························································································· 262
제1항 의의 / 262
제2항 중지미수의 성립요건 / 262
제3항 처벌 / 266
제4항 공범과 중지미수 / 266
제6절 불능미수····························································································· 268
제1항 의의 / 268
제2항 구별개념 / 268
제3항 불능미수의 성립요건 / 270

제6장|정범 및 공범론
제1절 정범과 공범의 일반이론······································································ 274
제1항 공범의 분류 / 274
제2항 정범과 공범의 구별 / 278
제3항 공범의 종속성 / 280
제4항 공범의 처벌근거 / 282
제2절 공동정범이론······················································································· 283
제1항 서설 / 283
제2항 공동정범의 성립요건 / 285
제3항 공동정범의 처벌 / 298
제3절 간접정범····························································································· 303
제1항 간접정범의 개념 / 303
제2항 간접정범의 성립요건 / 303
제3항 처벌 / 308
제4항 관련문제 / 309
제4절 교사범································································································· 312
제1항 서설 / 312
제2항 교사범의 성립요건 / 312
제3항 교사의 미수 / 317
제4항 교사의 착오 / 318
제5항 교사범의 처벌 / 321
제6항 관련문제 / 322
제5절 종범(방조범) ······················································································· 323
제1항 서설 / 323
제2항 종범의 성립요건 / 324
제3항 종범의 처벌 / 332
제4항 종범의 착오 기타 / 333
제6절 공범과 신분························································································ 334
제1항 서설 / 334
제2항 제33조의 해석 / 336
제3항 소극적 신분과 공범 / 341

제7장|죄수론
제1절 죄수의 일반이론·················································································· 343
제1항 죄수론의 의의 / 343
제2항 죄수결정의 기준 / 343
제2절 일 죄·································································································· 346
제1항 서설 / 346
제2항 법조경합 / 346
제3항 포괄일죄 / 354
제3절 수 죄·································································································· 359
제1항 서설 / 359
제2항 상상적 경합 / 359
제3항 실체적 경합 / 365

제3편 형벌론

제1절 형벌의 종류························································································· 379
제1항 서설 / 379
제2항 사형 / 379
제3항 자유형 / 381
제4항 재산형 / 381
제5항 명예형 / 395
제2절 형의 양정(양형) ·················································································· 397
제1항 서설 / 397
제2항 형의 가중·감경·면제 / 398
제3항 형의 가중·감경례 / 404
제4항 양형의 조건 / 405
제5항 판결선고전 구금일수의 산입과 판결의 공시 / 406
제3절 누 범·································································································· 408
제1항 서설 / 408
제2항 누범가중의 요건 / 408
제3항 누범의 효과 / 412
제4절 형의 유예제도····················································································· 413
제1항 선고유예 / 413
제2항 집행유예 / 416
제3항 가석방 / 422
제5절 형의 시효와 소멸················································································ 426
제1항 형의 시효 / 426
제2항 형의 소멸·실효·복권·사면 / 428
제6절 보안처분····························································································· 430
제1항 보안처분의 일반론 / 430
제2항 보안처분의 종류 / 430
제3항 현행법상의 보안처분 / 431