제 1 부 총 론
제 1 편 서 론 ···························································································································································· 3
제 1 장 형법의 기본개념 ··························································································································· 4
제 2 장 죄형법정주의 ································································································································· 4
제 3 장 형법의 적용범위 ························································································································· 33
제 2 편 범죄론 ············································································································································· 45
제 1 장 범죄의 기본개념 ························································································································· 46
제 1 절 범죄의 의의와 종류 ······································································································· 46
제 2 절 행위의 주체와 객체 ······································································································· 49
제 2 장 구성요건 ····································································································································· 54
제 1 절 구성요건 이론 ··············································································································· 54
제 2 절 부작위범 ························································································································ 54
제 3 절 인과관계와 객관적 귀속이론 ························································································· 62
제 4 절 고 의 ····························································································································· 68
제 5 절 사실의 착오 ··················································································································· 73
제 6 절 과 실 ····························································································································· 75
제 7 절 결과적 가중범 ··············································································································· 78
제 3 장 위법성 ········································································································································· 83
제 1 절 정당방위 ························································································································ 83
제 2 절 긴급피난 ························································································································ 88
제 3 절 자구행위 ························································································································ 89
제 4 절 피해자의 승낙 ··············································································································· 90
제 5 절 정당행위 ························································································································ 93
제 6 절 책임능력 ······················································································································ 101
제 7 절 위법성의 인식 ············································································································· 105
제 8 절 법률의 착오 ················································································································· 106
제 9 절 기대가능성 ··················································································································· 112
제 4 장 미수론 ······································································································································· 115
제 1 절 예비·음모죄 ················································································································· 115
제 2 절 미수범의 일반이론 ······································································································· 118
제 3 절 장애미수 ······················································································································ 120
제 4 절 중지미수 ······················································································································ 129
제 5 절 불능미수 ······················································································································ 132
제 5 장 공범론 ······································································································································· 135
제 1 절 공범 일반론 ················································································································· 135
제 2 절 공동정범 ······················································································································ 138
제 3 절 합동범 ························································································································· 147
제 4 절 간접정범 ······················································································································ 148
제 5 절 교사범 ························································································································· 153
제 6 절 종범(방조범) ················································································································ 156
제 7 절 공범과 신분 ················································································································· 157
제 6 장 죄수론 ······································································································································· 161
제 1 절 죄수이론 ······················································································································ 161
제 2 절 일죄 ····························································································································· 164
제 3 절 수죄 ····························································································································· 169
제 3 편 형벌 및 보안처분 ······························································································································ 179
제 1 장 형벌론 ······································································································································· 180
제 1 절 형벌의 일반이론 ·········································································································· 180
제 2 절 형의 양정 ···················································································································· 184
제 3 절 누범 ····························································································································· 189
제 4 절 선고유예·집행유예·가석방 ··························································································· 190
제 5 절 형의 시효·소멸·기간 ··································································································· 194
제 2 부 각 론
제1편 개인적 법익에 대한 죄 ························································································································ 199
제 1 장 생명과 신체에 대한 죄 ············································································································· 200
제 1 절 살인의 죄 ···················································································································· 200
제 2 절 상해와 폭행의 죄 ········································································································ 204
제 3 절 과실치사상의 죄 ·········································································································· 210
제 4 절 낙태의 죄 ···················································································································· 213
제 5 절 유기와 학대의 죄 ········································································································ 214
제 2 장 자유에 대한 죄 ························································································································· 216
제 1 절 협박의 죄 ···················································································································· 216
제 2 절 강요의 죄 ···················································································································· 219
제 3 절 체포와 감금의 죄 ········································································································ 221
제 4 절 약취·유인 및 인신매매의 죄 ······················································································· 223
제 5 절 강간과 추행의 죄 ········································································································ 226
제 3 장 명예와 신용에 대한 죄 ············································································································· 233
제 1 절 명예에 관한 죄 ············································································································ 233
제 2 절 신용·업무와 경매에 관한 죄 ······················································································· 247
제 4 장 사생활의 평온에 대한 죄 ·········································································································· 257
제 1 절 비밀침해의 죄 ············································································································· 257
제 2 절 주거침입의 죄 ············································································································· 257
제 5 장 재산에 대한 죄 ························································································································· 264
제 1 절 재산죄 일반론 ············································································································· 264
제 2 절 절도의 죄 ···················································································································· 271
제 3 절 강도의 죄 ···················································································································· 278
제 5 절 공갈의 죄 ···················································································································· 302
제 6 절 횡령의 죄 ···················································································································· 305
제 7 절 배임의 죄 ···················································································································· 319
제 8 절 장물에 관한 죄 ············································································································ 330
제 9 절 손괴의 죄 ···················································································································· 334
제10절 권리행사를 방해하는 죄 ······························································································ 335
제2편 사회적 법익에 대한 죄 ························································································································ 339
제 1 장 공공의 안전과 평온에 대한 죄 ································································································· 340
제 1 절 공안을 해하는 죄 ········································································································ 340
제 2 절 폭발물에 관한 죄 ········································································································ 340
제 3 절 방화와 실화의 죄 ········································································································ 340
제 4 절 일수와 수리에 관한 죄 ································································································ 344
제 5 절 교통방해의 죄 ············································································································· 344
제 2 장 공중의 건강에 대한 죄 ············································································································· 348
제 1 절 음용수에 관한 죄 ········································································································ 348
제 2 절 아편에 관한 죄 ············································································································ 348
제 3 장 공공의 신용에 대한 죄 ············································································································· 348
제 1 절 통화에 관한 죄 ············································································································ 348
제 2 절 유가증권·우표와 인지에 관한 죄 ················································································ 350
제 3 절 문서에 관한 죄 ············································································································ 354
제 4 절 인장에 관한 죄 ············································································································ 371
제 4 장 사회의 도덕에 대한 죄 ············································································································· 373
제 1 절 성풍속에 관한 죄 ········································································································ 373
제 2 절 도박과 복표에 관한 죄 ································································································ 374
제 3 절 신앙에 관한 죄 ············································································································ 375
제3편 국가적 법익에 대한 죄 ························································································································ 379
제 1 장 국가의 존립과 권위에 대한 죄 ································································································· 380
제 1 절 내란의 죄 ···················································································································· 380
제 2 절 외환의 죄 ···················································································································· 380
제 3 절 국기에 관한 죄 ············································································································ 381
제 4 절 국교에 관한 죄 ············································································································ 381
제 2 장 국가의 기능에 대한 죄 ············································································································· 382
제 1 절 공무원의 직무에 관한 죄 ···························································································· 382
제 2 절 공무방해에 관한 죄 ····································································································· 396
제 3 절 도주와 범인은닉의 죄 ································································································· 410
제 4 절 위증과 증거인멸의 죄 ································································································· 414
제 5 절 무고의 죄 ···················································································································· 419