[총 론]

제1편 서 론

제1장 형법의 기본개념
제1절 형법의 의의와 성격······························································································· 5
ㆍ형법의 의의 / 5 ㆍ형법의 성격 / 5
ㆍ형법의 기능 / 6 ㆍ위험형법 / 6
제2절 죄형법정주의··········································································································· 7
ㆍ죄형법정주의의 의의 / 7 ㆍ죄형법정주의의 내용 / 7

제2장 형법의 적용범위와 형법이론
제1절 형법의 적용범위··································································································· 37
ㆍ시간적 적용범위 / 37 ㆍ장소적 적용범위 / 48
ㆍ인적 적용범위 / 56
제2절 형법이론················································································································· 57
ㆍ법죄이론 / 57 ㆍ형벌이론 / 57
ㆍ형법학파의 대립 / 59

제2편 범죄론

제1장 범죄의 기본개념
제1절 범죄의 의의와 종류····························································································· 63
ㆍ범죄의 의의 / 63 ㆍ범죄의 성립요건·처벌조건·소추조건 / 63
ㆍ범죄의 종류 / 66
제2절 행위론····················································································································· 71
ㆍ의 의 / 71 ㆍ행위론의 내용 / 71
ㆍ형법상 행위의 최소한의 요건 / 71
제3절 범죄체계론············································································································· 72
제4절 행위의 주체와 객체····························································································· 73
ㆍ행위의 주체 / 73
ㆍ행위의 객체와 보호의 객체 / 79

제2장 구성요건
제1절 구성요건이론········································································································· 80
ㆍ구성요건의 의의 / 80 ㆍ구성요건과 위법성과의 관계 / 80
ㆍ구성요건의 유형 / 81 ㆍ구성요건의 요소 / 82
제2절 결과반가치와 행위반가치··················································································· 84
ㆍ결과반가치론과 행위반가치론 / 84
ㆍ결과반가치와 행위반가치의 내용 / 84
제3절 부작위범················································································································· 85
ㆍ부작위의 본질 / 85 ㆍ부작위범의 구조 / 88
ㆍ부진정부작위범의 특유한 구성요건 / 90 ㆍ관련문제 / 101
제4절 인과관계와 객관적 귀속··················································································· 104
ㆍ서 론 / 104 ㆍ인과관계의 유형 / 104
ㆍ인과관계 판단에 관한 학설 / 106 ㆍ객관적 귀속이론 / 113
제5절 구성요건적 고의································································································· 117
ㆍ서 론 / 117 ㆍ고의의 내용 / 118
ㆍ고의의 종류 / 120
제6절 구성요건적 착오································································································· 123
ㆍ서 론 / 123
ㆍ구성요건적 착오의 의의와 해결 / 123
ㆍ제15조 제1항의 규율 밖에 있는 착오사례의 해결 / 124
ㆍ인과관계(과정)의 착오 / 131
제7절 과 실····················································································································· 134
ㆍ서 론 / 134 ㆍ과실범의 구성요건 / 138
ㆍ객관적 주의의무의 제한원리 / 146 ㆍ관련문제 / 153
제8절 결과적 가중범····································································································· 154
ㆍ서 론 / 154 ㆍ결과적 가중범의 종류 / 154
ㆍ결과적 가중범의 성립요건 / 159 ㆍ관련문제 / 163

제3장 위법성
제1절 위법성의 이론····································································································· 168
ㆍ위법성의 의의 및 불법과의 구별 / 168 ㆍ위법성의 본질 / 168
ㆍ위법성 판단 기준/ 169 ㆍ위법성조각사유(정당화사유) / 169
ㆍ주관적 정당화요소 / 170
제2절 정당방위··············································································································· 173
ㆍ정당방위의 의의 / 173 ㆍ정당방위의 성립요건 / 173
ㆍ과잉방위와 오상방위 / 185
제3절 긴급피난··············································································································· 189
ㆍ긴급피난의 의의와 본질 / 189 ㆍ긴급피난의 성립요건 / 189
ㆍ긴급피난의 특칙 / 193 ㆍ과잉피난과 오상피난 / 194
ㆍ관련 쟁점-의무의 충돌 / 194
제4절 자구행위··············································································································· 195
ㆍ자구행위의 의의 / 195 ㆍ자구행위의 성립요건 / 195
ㆍ과잉자구행위와 오상자구행위 / 198
제5절 피해자의 승낙····································································································· 199
ㆍ서 론 / 199 ㆍ양 해 / 200
ㆍ피해자의 승낙 / 201 ㆍ추정적 승낙 / 204
제6절 정당행위··············································································································· 206
ㆍ의의 / 206 ㆍ법령에 의한 행위 / 206
ㆍ업무로 인한 행위 / 214 ㆍ사회상규에 위배되지 않는 행위 / 217

제4장 책임론
제1절 책임이론··············································································································· 226
ㆍ책임의 의의 / 226 ㆍ책임의 근거 / 227
ㆍ책임의 본질 / 227
제2절 책임능력··············································································································· 229
ㆍ책임능력의 의의 / 229 ㆍ책임무능력자 / 230
ㆍ한정책임능력자 / 234 ㆍ원인에 있어서 자유로운 행위 / 235
제3절 위법성의 인식····································································································· 240
ㆍ위법성의 인식의 의의 /240 ㆍ위법성의 인식의 체계적 지위 / 240
제4절 법률의 착오········································································································· 242
ㆍ법률의 착오의 의의와 태양 / 242 ㆍ형법 제16조와 정당한 이유 / 244
ㆍ위법성조각사유의 전제사실의 착오 / 249
제5절 기대가능성··········································································································· 252
ㆍ서 론 / 252 ㆍ기대가능성의 체계적 지위 / 252
ㆍ기대가능성의 판단기준 / 252 ㆍ기대불가능성으로 인한 책임조각사유 / 254
ㆍ강요된 행위 / 254

제5장 미수론
제1절 미수범의 일반이론····························································································· 257
제2절 장애미수··············································································································· 259
ㆍ의 의 / 259 ㆍ장애미수의 성립요건 / 259
ㆍ장애미수의 처벌 / 264
제3절 중지미수··············································································································· 265
ㆍ서 론 / 265 ㆍ중지미수의 성립요건 / 265
ㆍ중지미수의 처벌 / 272 ㆍ관련문제 / 272
제4절 불능미수··············································································································· 275
ㆍ서 론 / 275 ㆍ불능미수의 성립요건 / 275
ㆍ불능미수의 처벌 / 277 ㆍ관련문제 / 281
제5절 예비죄··················································································································· 282
ㆍ서 설 / 282 ㆍ예비죄의 법적 성격 / 282
ㆍ예비죄의 성립요건 / 283 ㆍ관련문제 / 285

제6장 공범론
제1절 공범이론··············································································································· 288
ㆍ서 설 / 288 ㆍ정범과 공범의 구별 / 293
ㆍ공범의 종속성과 처벌의 근거 / 295
제2절 간접정범··············································································································· 297
ㆍ간접정범의 의의 / 297 ㆍ간접정범의 성립요건 / 298
ㆍ간접정범의 처벌 / 301 ㆍ관련문제 / 301
ㆍ특수교사·방조 / 303
제3절 공동정범··············································································································· 304
ㆍ공동정범의 의의와 본질 / 304 ㆍ공동정범의 성립요건 / 304
ㆍ공동정범의 처벌 / 317 ㆍ공동정범의 착오 / 318
ㆍ동시범 / 318
제4절 교사범··················································································································· 323
ㆍ교사범의 의의 / 323 ㆍ교사범의 성립요건 / 323
ㆍ교사의 착오 / 327 ㆍ교사범의 처벌 / 328
ㆍ관련문제 / 329
제5절 종 범····················································································································· 331
ㆍ종범의 의의 / 331 ㆍ종범의 성립요건 / 331
ㆍ종범의 착오 / 335 ㆍ종범의 처벌 / 335
ㆍ관련문제 / 336
제6절 공범과 신분········································································································· 337
ㆍ공범과 신분의 의의 / 337 ㆍ신분범의 의의와 종류 / 337
ㆍ형법 제33조의 해석론 / 338 ㆍ소극적 신분과 공범 / 344

제7장 죄수론
제1절 죄수이론··············································································································· 346
ㆍ죄수론의 의의 / 346 ㆍ죄수결정의 기준 / 346
제2절 일 죄····················································································································· 347
ㆍ서 론 / 347 ㆍ법조경합 / 347
ㆍ포괄일죄 / 357
제3절 수 죄····················································································································· 366
ㆍ상상적 경합 / 366 ㆍ실체적 경합 / 373

제3편 형벌론

제1장 형 벌
제1절 형벌의 종류········································································································· 387
ㆍ형벌의 종류 / 387 ㆍ사 형 / 387
ㆍ자유형 / 388 ㆍ재산형 / 388
ㆍ명예형 / 398 ㆍ형의 경중 / 398
제2절 형의 양정············································································································· 399
ㆍ의 의 / 399 ㆍ형의 양정의 단계 / 399
ㆍ형의 가중·감경·면제 / 399 ㆍ양 형 / 405
ㆍ판결선고전 구금일수의 산입 및 판결의 공시 / 405
제3절 누 범····················································································································· 408
ㆍ서 론 / 408 ㆍ누범가중의 요건 / 409
ㆍ누범의 효과 / 411 ㆍ판결선고후의 누범발각 / 411
제4절 집행유예·선고유예·가석방············································································ 412
ㆍ집행유예 / 412 ㆍ선고유예 / 417
ㆍ가석방 / 421
제5절 형의 시효·소멸·기간······················································································ 424
ㆍ형의 시효, 정지, 중단 / 424 ㆍ형의 소멸 등 / 425
ㆍ형의 기간 / 425

제2장 보안처분································································································································ 426


[각 론]

제1편 개인적 법익에 관한 죄

제1장 생명과 신체에 대한 죄
제1절 살인의 죄············································································································· 431
ㆍ총 설 / 431 ㆍ보통살인죄 / 431
ㆍ존속살해죄 / 433 ㆍ영아살해죄 / 435
ㆍ촉탁·승낙살인죄 / 436 ㆍ자살교사·방조죄 / 436
ㆍ위계·위력에 의한 살인죄 / 438 ㆍ살인예비·음모죄 / 438
제2절 상해와 폭행의 죄······························································································· 439
ㆍ총 설 / 439 ㆍ상해죄 / 439
ㆍ존속상해죄 / 442 ㆍ중상해죄 / 442
- ㆍ특수상해죄 / 443 ㆍ폭행죄 / 443
ㆍ특수폭행죄 / 446 ㆍ폭행치사상죄 / 449
ㆍ상습상해·폭행죄 / 450
제3절 과실치사상의 죄································································································· 451
ㆍ과실치상죄 / 451 ㆍ과실치사죄 / 451
ㆍ업무상과실·중과실치사상죄 / 452
제4절 낙태의 죄············································································································· 460
ㆍ총 설 / 460 ㆍ자기낙태죄 / 460
ㆍ동의낙태죄 / 462 ㆍ업무상동의낙태죄 / 462
ㆍ부동의낙태죄 / 462 ㆍ낙태치사상죄 / 462
제5절 유기와 학대의 죄······························································································· 463
ㆍ유기죄 / 463 ㆍ영아유기죄 / 466
ㆍ학대죄 / 466 ㆍ아동혹사죄 / 467
ㆍ유기치사상죄 / 467

제2장 자유에 대한 죄
제1절 협박의 죄············································································································· 469
ㆍ총 설 / 469 ㆍ협박죄 / 469
ㆍ특수협박죄 / 474
제2절 강요의 죄············································································································· 475
ㆍ총 설 / 475 ㆍ강요죄 / 475
- ㆍ특수강요죄 / 479 ㆍ인질강요죄 / 479
제3절 체포와 감금의 죄······························································································· 480
ㆍ총 설 / 480 ㆍ체포·감금죄 / 480
ㆍ중체포·감금죄, 존속중체포·감금죄 / 482 ㆍ체포·감금치사상죄 / 483
제4절 약취, 유인 및 인신매매의 죄·········································································· 484
ㆍ총 설 / 484
ㆍ미성년자 약취·유인죄 / 484
ㆍ추행·간음·결혼·영리목적 약취·유인죄 / 487
ㆍ인신매매죄 / 488
제5절 강간과 추행의 죄······························································································· 489
ㆍ총 설 / 489 ㆍ강간죄 / 489
ㆍ유사강간죄 / 491 ㆍ강제추행죄 / 492
ㆍ준강간죄·준유사강간죄·준강제추행죄 / 494
ㆍ미성년자의제강간·강제추행죄 / 495
ㆍ강간 등 상해·치상죄 / 496 ㆍ강간 등 살인·치사죄 / 499
ㆍ미성년자·심신미약자 간음·추행죄 / 499 ㆍ업무상위력 등에 위한 간음죄 / 501
ㆍ피구금자간음죄 / 501 ㆍ상습강간등죄 / 502
ㆍ성범죄에 대한 특별형법 / 503

제3장 명예와 신용에 대한 죄
제1절 명예에 관한 죄··································································································· 511
ㆍ총 설 / 511 ㆍ명예훼손죄 / 513
ㆍ사자의 명예훼손죄 / 528 ㆍ출판물에 의한 명예훼손죄 / 529
ㆍ모욕죄 / 532
제2절 신용·업무와 경매에 관한 죄·········································································· 535
ㆍ신용훼손죄 / 535 ㆍ업무방해죄 / 537
ㆍ컴퓨터 업무방해죄 / 553 ㆍ경매·입찰방해죄 / 555

제4장 사생활의 평온에 대한 죄
제1절 비밀침해의 죄····································································································· 560
ㆍ비밀침해죄 / 560 ㆍ업무상 비밀누설죄 / 560
제2절 주거침입의 죄····································································································· 561
ㆍ총 설 / 561 ㆍ주거침입죄 / 562
ㆍ퇴거불응죄 / 570 ㆍ특수주거침입죄 / 571
ㆍ주거·신체수색죄 / 571

제5장 재산에 대한 죄
제1절 재산죄의 기본개념····························································································· 572
ㆍ재산죄의 분류 / 572 ㆍ재산죄의 객체 / 572
ㆍ형법상의 점유 / 577 ㆍ불법영득의사 / 583
ㆍ친족상도례 / 590
제2절 절도의 죄············································································································· 594
ㆍ총 설 / 594 ㆍ절도죄 / 594
ㆍ야간주거침입절도죄 / 601 ㆍ특수절도죄 / 602
ㆍ자동차 등 불법사용죄 / 606 ㆍ상습절도죄 / 606
제3절 강도의 죄············································································································· 607
ㆍ총 설 / 607 ㆍ강도죄 / 607
ㆍ특수강도죄 / 610 ㆍ준강도죄·준특수강도죄 / 612
ㆍ인질강도죄 / 618 ㆍ강도상해·치상죄 / 618
ㆍ강도살인·치사죄 / 621 ㆍ강도강간죄 / 623
ㆍ해상강도죄, 해상강도상해·치상·살인·치사·강간죄 / 623
ㆍ강도예비·음모죄 / 625
제4절 사기의 죄············································································································· 626
ㆍ총 설 / 626 ㆍ사기죄 / 626
ㆍ컴퓨터 등 사용사기죄 / 661 ㆍ준사기죄 / 665
ㆍ편의시설부정이용죄 / 665 ㆍ부당이득죄 / 667
ㆍ신용카드와 관련한 범죄 / 667
제5절 공갈의 죄············································································································· 671
ㆍ공갈죄 / 671 ㆍ특수공갈죄 / 676
제6절 횡령의 죄············································································································· 677
ㆍ횡령죄 / 677 ㆍ업무상횡령죄 / 713
ㆍ점유이탈물횡령죄 / 714
제7절 배임의 죄············································································································· 715
ㆍ총 설 / 715 ㆍ배임죄 / 715
ㆍ업무상배임죄 / 740 ㆍ배임수재죄 / 741
ㆍ배임증재죄 / 747
제8절 장물의 죄············································································································· 749
ㆍ총 설 / 749 ㆍ장물죄 / 749
제9절 손괴의 죄············································································································· 757
ㆍ재물손괴죄 / 757 ㆍ경계침범죄 / 761
제10절 권리행사를 방해하는 죄················································································· 762
ㆍ권리행사방해죄 / 762 ㆍ강제집행면탈죄 / 765


제2편 사회적 법익에 관한 죄

제1장 공공의 안전과 평온에 대한 죄
제1절 공안을 해하는 죄······························································································· 775
제2절 폭발물에 관한 죄······························································································· 775
제3절 방화와 실화의 죄······························································································· 775
ㆍ총 설 / 775 ㆍ현주건조물 등 방화죄 / 776
ㆍ일반물건방화죄 / 777 ㆍ연소죄 / 778
제4절 교통방해의 죄····································································································· 779
ㆍ총 설 / 779 ㆍ일반교통방해죄 / 779

제2장 공공의 신용에 대한 죄
제1절 통화에 관한 죄··································································································· 781
ㆍ총 설 / 781 ㆍ내국통화 위조·변조죄 / 781
ㆍ내국유통 외국통화 위조·변조죄 / 783 ㆍ외국통용 외국통화 위조·변조죄 / 783
ㆍ위조·변조통화 행사 등 죄 / 784
제2절 유가증권·인지와 우표에 관한 죄·································································· 785
ㆍ총 설 / 785 ㆍ유가증권 위조·변조죄 / 787
ㆍ기재의 위조·변조죄 / 790 ㆍ자격모용에 의한 유가증권작성죄 / 790
ㆍ허위유가증권작성죄 / 791 ㆍ위조 등 유가증권행사·수입·수출죄 / 792
제3절 문서에 관한 죄··································································································· 794
ㆍ총 설 / 794 ㆍ사문서위조·변조죄 / 798
ㆍ자격모용에 의한 사문서작성죄 / 804 ㆍ사전자기록 위작·변작죄 / 806
ㆍ공문서 위조·변조죄 / 807 ㆍ자격모용에 의한 공문서작성죄 / 809
ㆍ공전자기록 위작·변작죄 / 810 ㆍ허위진단서 등 작성죄 / 811
ㆍ허위공문서작성죄 / 813 ㆍ공정증서원본 등 부실기재죄 / 816
ㆍ위조·변조·작성 사문서행사죄 / 823 ㆍ위조·변조 등 공문서행사죄 / 825
ㆍ사문서부정행사죄 / 825 ㆍ공문서부정행사죄 / 826
제4절 인장에 관한 죄··································································································· 830
ㆍ사인 등 위조·부정사용죄 / 830 ㆍ위조사인 등 행사죄 / 830

제3장 사회의 도덕에 대한 죄
제1절 성풍속에 관한 죄······························································································· 832
ㆍ음행매개죄 / 832
ㆍ음화 등 반포·판매·임대·공연전시죄 / 832
ㆍ공연음란죄 / 834
제2절 도박과 복표에 관한 죄····················································································· 835
ㆍ도박죄 / 835 ㆍ도박장소 등 개설죄 / 836
ㆍ복표발매·중개·취득죄 / 837
제3절 신앙에 관한 죄··································································································· 838
ㆍ장례식 등 방해죄 / 838 ㆍ사체 등 손괴·유기·은닉·영득죄 / 838
ㆍ변사체검시방해죄 / 839


제3편 국가적 법익에 관한 죄

제1장 국가의 존립과 권위에 대한 죄
제1절 내란의 죄············································································································· 843
제2절 외환의 죄············································································································· 847
ㆍ간첩죄 / 847

제2장 국가의 기능에 대한 죄
제1절 공무원의 직무에 관한 죄················································································· 848
ㆍ총 설 / 848 ㆍ직무유기죄 / 848
ㆍ피의사실공표죄 / 853 ㆍ공무상 비밀누설죄 / 853
ㆍ직권남용죄 / 855 ㆍ뇌물죄의 일반이론 / 857
ㆍ수뢰죄 / 864 ㆍ사전수뢰죄 / 869
ㆍ제3자 뇌물공여죄 / 870 ㆍ수뢰후부정처사죄 / 872
ㆍ부정처사후수뢰죄 / 872 ㆍ사후수뢰죄/ 872
ㆍ알선수뢰죄 / 873 ㆍ증뢰죄 / 874
제2절 공무방해에 관한 죄··························································································· 877
ㆍ공무집행방해죄 / 877 ㆍ위계에 의한 공무집행방해죄 / 881
ㆍ공무상 봉인 등 표시무효죄 / 885 ㆍ공용서류 등 무효죄 / 888
ㆍ특수공무방해죄·특수공무방해치사상죄 / 889
제3절 도주와 범인은닉의 죄······················································································· 892
ㆍ도주죄 / 892 ㆍ범인은닉죄 / 892
제4절 위증과 증거인멸의 죄······················································································· 899
ㆍ위증죄 / 899 ㆍ증거인멸죄 / 904
ㆍ증인은닉·도피죄 / 908 ㆍ모해증거인멸죄 / 908
제5절 무고의 죄············································································································· 909
ㆍ총 설 / 909 ㆍ무고죄 / 909