제1장 교통 관련범죄
Ⅰ. 개관 ······································································································ 15
Ⅱ. 운전 관련범죄 ······················································································· 16
1. 개관 ·································································································16
2. 도교법상 운전 관련 정의규정 ······················································17
가. 도로 ·····································································································17
나. 차마 ····································································································19
다. 본래용도로 사용 ················································································22
3. 음주운전 및 관련범죄 ···································································23
가. 개관 ····································································································23
나. 음주운전 ····························································································24
다. 측정불응 ·····························································································31
라. 측정방해 ···························································································41
마. 음주운전, 측정불응, 측정방해의 재범 ············································42
4. 무면허운전 ·····················································································43
가. 개관 ····································································································43
나. 운전면허 제도의 이해 ······································································45
다. 발급처분, 취소 · 정지처분의 효력발생 시점 ··································45
Ⅲ. 교통사고 관련범죄 ················································································ 48
1. 교통사고 ·························································································48
가. 개관 ····································································································48
나. 물피사고 ·····························································································53
다. 인피사고 ·····························································································55
2. 사고 후 미조치 ··············································································65
가. 도교법상 사고 후 미조치 ································································65
나. 특가법상 도주차량 ············································································68
Ⅳ. 죄수 ······································································································ 73
1. 운전단계 ························································································73
2. 사고단계 ·······················································································74
3. 조치단계 ·························································································74
가. 원칙과 예외 ·······················································································74
나. 도교법상 미조치죄와 유기죄 및 유기치사상죄의 관계 ·················74
Ⅴ. 핵심정리 ······························································································· 75
제2장 성폭력범죄
Ⅰ. 개관 ······································································································ 79
Ⅱ. 주요 성폭력범죄 ··················································································· 80
1. 개관 ································································································80
가. 구성요건의 검토 ·············································································80
나. 소추요건의 검토 ················································································82
다. 개정에 따른 검토 ··············································································82
라. 죄수의 정리 ·····················································································84
2. 구성요건 ·························································································84
가. 기본요건 ··························································································84
나. 가중처벌 요건 ·················································································108
3. 소추요건 ························································································117
가. 친고죄, 반의사불벌죄 ······································································117
나. 공소시효 ···························································································118
4. 죄수정리 ························································································118
가. 원칙 ···································································································118
나. 타죄와의 관계 ··················································································119
다. 가중처벌에 있어서의 죄수 ·····························································120
5. 기타 ·······························································································120
가. 공소사실의 특정 ·············································································120
나. 사실인정 ···························································································121
Ⅲ. 기타 성폭력범죄 ················································································· 122
1. 통신매체이용음란죄(성폭법 제13조) ···········································122
가. 주요 구성요건 ··················································································122
나. 타죄와의 관계 ·················································································124
2. 신체촬영물, 허위 영상물, 성착취물 관련 범죄 ························124
가. 신체촬영물 관련 범죄(성폭법 제14조) ········································124
나. 허위영상물 관련범죄(성폭법 제14조의2) ······································131
다. 성착취물 관련범죄(청성법 제11조) ················································132
라. 협박·강요죄(성폭법 제14조의3, 청성법 제11조의2) ····················136
Ⅳ. 핵심정리 ····························································································· 139
제3장 뇌물 관련범죄
Ⅰ. 개관 ···································································································· 143
1. 뇌물 관련범죄의 분류와 검토순서 ·············································143
가. 공무원 등이 뇌물을 받는 범죄 ·····················································144
나. 공무원 등에게 뇌물을 주는 범죄 ··················································145
다. 검토순서 ···························································································145
2. 주요 쟁점 ·····················································································146
가. 요구 · 의사표시 및 약속의 개별 구성요건화 ·······························146
나. 몰수와 추징 ·····················································································146
3. 구체적 사안의 적용을 통한 정리 ··············································147
Ⅱ. 개별 뇌물죄의 이해 ············································································ 148
1. 뇌물을 받는 범죄 ·········································································148
가. 수뢰죄(형법 제129조 제1항) ··························································148
나. 제3자 뇌물제공죄(형법 제130조) ··················································153
다. 사전수뢰죄(형법 제129조 제2항)와
사후수뢰죄(형법 제131조 제3항) ···················································154
라. 수뢰후 부정처사죄(형법 제131조 제1항)와
부정처사후 수뢰죄(형법 제131조 제2항) ······································156
마. 알선수뢰죄(형법 제132조) 및 관련범죄 ········································157
2. 뇌물을 주는 범죄 ········································································165
가. 증뢰죄(형법 제133조 제1항) ··························································165
나. 제3자 뇌물교부 · 취득죄(형법 제133조 제2항) ····························166
Ⅲ. 가중처벌 및 구성요건의 확장 ···························································· 167
1. 가중처벌(특가법 제2조) ·······························································167
가. 적용대상 ···························································································168
나. 수뢰액 계산방법 ···········································································169
2. 처벌의 확장 ··················································································171
가. 주체 ···································································································171
나. 청탁금지법에 의한 확장 ··································································171
Ⅳ. 필요적 몰수 · 추징(형법 제134조) ····················································· 172
1. 몰수 · 추징의 상대방 ····································································172
2. 몰수 · 추징의 방법과 추징가액 산정의 기준시기 ·····················173
Ⅴ. 핵심정리 ····························································································· 174
제4장 가중처벌
Ⅰ. 특정범죄 가중처벌 등에 관한 법률 ··················································· 177
1. 제4조의2 체포 · 감금 등의 가중처벌 ·······································177
2. 제4조의3 공무상 비밀누설의 가중처벌 ·····································178
3. 제5조 국고 등 손실 ····································································179
가. 고의 ··································································································180
나. 뇌물죄와의 관계 ·············································································180
4. 제5조의2 약취 · 유인죄의 가중처벌 ···········································181
5. 제5조의4 상습 강도 · 절도죄 등의 가중처벌 ···························182
가. 5인 이상 상습합동절도(제2항) ······················································183
나. 누범 강도 · 절도 · 장물 관련 범죄(제5항) ····································185
다. 누범상습절도(제6항) ·······································································187
6. 제5조의5 강도상해 등 재범자의 가중처벌 ·······························188
7. 제5조의9 보복범죄의 가중처벌 등 ············································188
가. 목적범인 경우 ·················································································189
나. 목적범이 아닌 경우 ········································································190
8. 제5조의12 도주선박의 선장 또는 승무원에 대한 가중처벌 ···190
9. 제6조 「관세법」 위반행위의 가중처벌 ······································192
10. 제8조 조세 포탈의 가중처벌 ···················································193
11. 제8조의2 세금계산서 교부의무 위반 등의 가중처벌 ·············194
12. 제9조 「산림자원의 조성 및 관리에 관한 법률」
등 위반행위의 가중처벌 ····························································195
13. 제11조 마약사범 등의 가중처벌 ···············································196
14. 제12조 외국인을 위한 탈법행위 ···············································197
15. 기타 ·····························································································198
Ⅱ. 특정경제범죄 가중처벌 등에 관한 법률 ············································ 198
1. 제3조 특정재산범죄의 가중처벌 ················································198
가. 이득액의 성격 ·················································································199
나. 이득액의 산정 ·················································································199
2. 제4조 재산국외도피의 죄 ···························································202
가. 국외이동 ························································································203
나. 국내반입 ··························································································203
다. 고의 ·································································································203
3. 제9조 저축 관련 부당행위의 죄 ···············································204
가. 저축의 주체 및 중개인 ··································································205
나. 임직원 ······························································································205
4. 기타 ······························································································205
가. 필요적 몰수·추징 ···········································································205
나. 기타 ·································································································206
Ⅲ. 폭력행위 등 처벌에 관한 법률 ·························································· 206
1. 제2조 폭행 등 ·············································································206
가. 2인 이상 공동 폭행 등 ··································································207
나. 누범 ··································································································207
다. 소추요건 등 ····················································································208
2. 제3조 집단적 폭행 등 ································································208
3. 제4조 단체 등의 구성 · 활동 ····················································209
가. 범죄단체 · 집단의 구성, 가입, 활동 ··············································210
나. 기타 ··································································································212
4. 제5조 단체 등의 이용·지원 ························································212
5. 제7조 우범자 ················································································213
6. 제8조 정당방위 등 ······································································213
7. 기타 ·······························································································214
제5장 기타
Ⅰ. 변호사법 ····························································································· 217
1. 개관 ································································································217
2. 변호사 ···························································································218
가. 독직행위(제33조) ·············································································218
나. 수임알선에 관한 이익 제공과 그 상대방(제34조 제1항, 제2항) 218
다. 비변호사와의 동업금지(제34조 제3항) ·········································221
3. 비변호사 ·······················································································222
가. 법률사무 취급 · 알선(제109조) ······················································222
나. 변호사 고용·동업(제34조 제4항, 제5항) ······································223
4. 기타 ······························································································224
가. 변호사 ······························································································224
나. 비변호사 ··························································································224
다. 기타 ··································································································225
Ⅱ. 부동산등기 특별조치법 ······································································· 225
1. 개관 ·······························································································225
2. 소유권이전등기등 신청의무 위반(제2조) ··································225
가. 주체 ··································································································226
나. 등기기한 내 미등기 ········································································227
다. 계약의 유효성 ···············································································227
라. 몰수 · 추징 ·······················································································227
3. 검인의무 위반(제4조) ··································································227
Ⅲ. 부정수표단속법 ··················································································· 228
1. 개관 ·······························································································228
가. 부수법상 수표의 의미 ····································································229
나. 정상 발행 후 요건정정 ··································································229
다. 발행시 하자 ····················································································230
2. 부정수표의 발행과 작성 ·····························································232
가. 구성요건 ··························································································233
나. 반의사불벌죄 및 수표의 회수 ·······················································234
다. 법인, 단체, 대리인의 형사책임 ·····················································235
3. 부도수표와 허위신고 ···································································235
가. 부도수표 ··························································································235
나. 허위신고 ···························································································237
4. 수표 위 · 변조 ·············································································238
가. 적용범위 ··························································································238
나. 위변조의 의미 ·················································································238
다. 무효인 수표 ·····················································································239
라. 타죄와의 관계 ·················································································239
5. 절차상 특례 ·················································································240
Ⅳ. 여신전문금융업법 ················································································ 241
1. 개관 ·······························································································241
2. 각 카드의 정의 ············································································241
3. 위변조 관련범죄 ··········································································243
가. 위변조 ······························································································244
나. 판매와 취득 ····················································································244
다. 사용 ·································································································244
4. 부정취득 관련범죄 ······································································244
가. 카드 부정취득의 유형 ····································································245
나. 부정사용 ··························································································247
다. 타죄와의 관계 ·················································································247
5. 신용카드의 양도 · 양수 ·······························································249
6. 기타 ······························································································249
Ⅴ. 정보통신망법 ······················································································ 249
1. 개관 ······························································································249
2. 정보통신망법상 명예훼손 ···························································250
가. 비방할 목적 ····················································································250
나. 정보통신망 ·······················································································251
3. 악성프로그램 전달 · 유포 ····························································251
가. 악성프로그램 ····················································································251
나. 전달, 유포 ························································································252
4. 정보통신망 침입, 장애유발 ························································253
가. 정보통신망 침입 ·············································································253
나. 정보통신망 장애유발 ······································································254
5. 기타 ·······························································································255