Master 형법총론 형사법1 기본서(2023)
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Master 형법총론 형사법1 기본서(2023)
도서명 : Master 형법총론 형사법1 기본서(2023)
저자/출판사 : 신호진,저자,글,, 문형사
쪽수 : 546쪽
출판일 : 2023-02-08
ISBN : 9791166871092
정가 : 32000
[형 법 총 론]
제1편 형법의 일반이론
제1장 형법의 기본개념
제1절 형법의 의의와 성격 ······················································································ 5
[1] 형법의 의의/ 5 [2] 형법의 성격/ 6
제2절 형법의 기능 ································································································ 7
[1] 규제적 기능/ 7 [2] 보호적 기능/ 7 [3] 보장적 기능/ 8
제3절 형법의 발전 ································································································· 9
제2장 형법의 기본원리
제1절 죄형법정주의 ····························································································· 10
[1] 죄형법정주의의 의의/ 10 [2] 죄형법정주의의 연혁과 사상적 배경/ 10
[3] 죄형법정주의의 현대적 의의/ 11 [4] 죄형법정주의의 내용/ 11
제2절 형법이론 ···································································································· 37
[1] 형법학파/ 37 [2] 형벌이론/ 38 [3] 범죄이론/ 40
제3장 형법의 적용범위
제1절 형법의 시간적 적용범위 ·············································································· 41
[1] 서 설/ 41 [2] 형법의 태도/ 41 [3] 한시법/ 52
제2절 형법의 장소적 적용범위 ··············································································· 58
[1] 서 설/ 58 [2] 형법의 태도/ 59
제3절 형법의 인적 적용범위 ·················································································· 65
[1] 의 의/ 65 [2] 예 외/ 65
제2편 범 죄 론
제1장 범죄론의 기초
제1절 범죄의 의의와 종류 ····················································································· 69
[1] 범죄의 의의와 본질/ 69 [2] 범죄의 성립요건·처벌조건·소추조건/ 70
[3] 범죄의 종류/ 72
제2절 행위론 ······································································································· 79
[1] 서 설/ 79 [2] 행위론의 종류/ 80
제3절 범죄체계론 ································································································· 83
[1] 범죄체계론의 의의/ 83 [2] 범죄체계론의 현황/ 83
제4절 행위의 주체와 객체 ····················································································· 84
[1] 행위의 주체/ 84 [2] 행위의 객체와 보호의 객체/ 91
제2장 구성요건론
제1절 구성요건의 일반이론 ··················································································· 93
[1] 구성요건의 의의/ 93 [2] 구성요건이론의 발전/ 93
[3] 구성요건과 위법성의 관계/ 94 [4] 구성요건의 유형/ 95
[5] 구성요건의 요소/ 97 [6] 구성요건해당성배제사유/ 98
제2절 결과반가치와 행위반가치 ············································································· 99
[1] 결과반가치와 행위반가치/ 99 [2] 결과반가치론과 행위반가치론/ 99
[3] 결과반가치와 행위반가치의 내용/ 101
제3절 부작위범 ·································································································· 103
[1] 부작위/ 103 [2] 부작위범/ 105
[3] 부진정부작위범의 구성요건/ 108 [4] 관련문제/ 117
제4절 인과관계와 객관적 귀속 ············································································· 120
[1] 서 설/ 120 [2] 인과관계에 관한 학설/ 122
[3] 객관적 귀속이론/ 130 [4] 형법 제17조의 해석/ 134
제5절 구성요건적 고의 ······················································································· 135
[1] 고의의 의의와 본질/ 135 [2] 고의의 체계적 지위/ 136
[3] 고의의 내용/ 137 [4] 고의의 종류/ 138
제6절 구성요건적 착오 ······················································································· 145
[1] 서 설/ 145 [2] 구성요건적 착오의 유형/ 147
[3] 구성요건적 착오에 관한 학설과 판례/ 148
[4] 가감적 구성요건요소에 대한 착오/ 152
[5] 인과관계의 착오와 개괄적 고의/ 153 [6] 관련문제/ 156
제7절 과실범 ····································································································· 157
[1] 서 설/ 157 [2] 과실범의 성립요건/ 160
[3] 객관적 주의의무의 제한원리/ 168 [4] 관련문제/ 174
제8절 결과적 가중범 ·························································································· 176
[1] 서 설/ 176 [2] 결과적 가중범의 성립요건/ 179
[3] 관련문제/ 184
제3장 위법성론
제1절 위법성의 일반이론 ···················································································· 188
[1] 위법성의 의의/ 188 [2] 위법성의 본질/ 189
[3] 위법성의 평가방법/ 190 [4] 위법성조각사유/ 191
제2절 정당방위 ·································································································· 197
[1] 서 설/ 197 [2] 정당방위의 성립요건/ 198
[3] 정당방위의 효과/ 209 [4] 과잉방위와 오상방위/ 210
제3절 긴급피난 ·································································································· 215
[1] 서 설/ 215 [2] 긴급피난의 성립요건/ 216
[3] 긴급피난의 효과/ 222 [4] 과잉피난과 오상피난/ 223
[5] 의무의 충돌/ 223
제4절 자구행위 ·································································································· 228
[1] 서 설/ 228 [2] 자구행위의 성립요건/ 229
[3] 자구행위의 효과/ 234 [4] 과잉자구행위와 오상자구행위/ 234
제5절 피해자의 승낙 ·························································································· 236
[1] 양 해/ 236 [2] 피해자의 승낙/ 238
[3] 추정적 승낙/ 242
제6절 정당행위 ·································································································· 246
[1] 서 설/ 246 [2] 법령에 의한 행위/ 247
[3] 업무로 인한 행위/ 255 [4] 사회상규에 위배되지 않는 행위/ 260
제4장 책임론
제1절 책임의 일반이론 ······················································································· 270
[1] 서 설/ 270 [2] 책임의 근거/ 271
[3] 책임의 본질/ 274 [4] 책임의 판단/ 276
제2절 책임능력 ·································································································· 277
[1] 서 설/ 277 [2] 책임무능력자/ 278
[3] 한정책임능력자/ 283 [4] 원인에 있어서 자유로운 행위/ 285
제3절 위법성의 인식과 금지착오 ·········································································· 290
[1] 위법성의 인식/ 290 [2] 금지착오/ 294
[3] 위법성조각사유의 전제사실에 대한 착오/ 306
제4절 기대가능성 ······························································································· 309
[1] 기대가능성이론/ 309 [2] 강요된 행위/ 313
[3] 초법규적 책임조각사유/ 317
제5장 미수론
제1절 미수범의 일반이론 ···················································································· 319
[1] 범죄실현의 단계/ 319 [2] 미수범의 처벌근거/ 320
제2절 장애미수 ·································································································· 323
[1] 의 의/ 323 [2] 장애미수의 성립요건/ 323
[3] 장애미수의 처벌/ 330 [4] 관련문제/ 330
제3절 중지미수 ·································································································· 332
[1] 서 설/ 332 [2] 중지미수의 성립요건/ 333
[3] 중지미수의 처벌/ 339 [4] 관련문제/ 339
제4절 불능미수 ·································································································· 342
[1] 서 설/ 342 [2] 불능미수의 성립요건/ 343
[3] 불능미수의 처벌 및 관련문제/ 348
제5절 예비죄 ····································································································· 350
[1] 서 설/ 350 [2] 예비죄의 법적 성격/ 351
[3] 예비죄의 성립요건/ 352 [4] 관련문제/ 354
제6장 정범 및 공범론
제1절 정범·공범의 일반이론 ················································································ 356
[1] 서 설/ 356 [2] 정범과 공범의 구별/ 361
[3] 공범의 종속성과 처벌근거/ 365
제2절 간접정범 ································································································· 370
[1] 서 설/ 370 [2] 간접정범의 성립요건/ 371
[3] 간접정범의 처벌/ 376 [4] 관련문제/ 376
[5] 특수교사·방조/ 379
제3절 공동정범 ·································································································· 380
[1] 서 설/ 380 [2] 공동정범의 성립요건/ 382
[3] 공동정범의 처벌/ 398 [4] 관련문제/ 399
제4절 교사범 ····································································································· 408
[1] 서 설/ 408 [2] 교사범의 성립요건/ 409
[3] 교사의 착오/ 414 [4] 교사범의 처벌/ 416
[5] 관련문제/ 417
제5절 종 범 ······································································································ 419
[1] 서 설/ 419 [2] 종범의 성립요건/ 420
[3] 종범의 착오/ 428 [4] 종범의 처벌/ 429
[5] 관련문제/ 430
제6절 공범과 신분 ···························································································· 432
[1] 서 설/ 432 [2] 형법 제33조의 해석론/ 434
[3] 소극적 신분과 공범/ 440
제7장 죄수론
제1절 죄수의 일반이론 ······················································································· 442
[1] 죄수론의 의의/ 442 [2] 죄수결정의 기준/ 442
[3] 수죄의 처벌/ 446
제2절 일 죄 ······································································································ 447
[1] 서 설/ 447 [2] 법조경합 / 447 [3] 포괄일죄/ 455
제3절 수 죄 ······································································································ 466
[1] 상상적 경합/ 466 [2] 실체적 경합/ 474
제3편 형 벌 론
제1절 형벌의 종류 ····························································································· 487
[1] 서 설/ 487 [2] 사 형/ 488 [3] 자유형/ 489
[4] 재산형/ 490 [5] 명예형/ 501 [6] 형의 경중/ 502
제2절 형의 양정 ································································································ 503
[1] 의 의/ 503 [2] 형의 양정의 단계/ 503
[3] 형의 가중·감경·면제/ 504 [4] 양 형/ 511
[5] 판결선고 전 구금 및 판결의 공시/ 513
제3절 누 범 ······································································································ 515
[1] 서 설/ 515 [2] 누범가중의 요건/ 516
[3] 누범의 효과/ 520 [4] 판결선고 후의 누범발각/ 521
제4절 집행유예·선고유예·가석방 ··········································································· 522
[1] 집행유예/ 522 [2] 선고유예/ 528 [3] 가석방/ 532
제5절 형의 시효·소멸·기간 ·················································································· 536
[1] 형의 시효/ 536 [2] 형의 소멸·실효와 복권·사면/ 537
[3] 형의 기간/ 540
제6절 보안처분 ·································································································· 541
[1] 보안처분의 일반이론/ 541 [2] 현행법상의 보안처분/ 543
[판례색인] ········································································································ 547
도서명 : Master 형법총론 형사법1 기본서(2023)
저자/출판사 : 신호진,저자,글,, 문형사
쪽수 : 546쪽
출판일 : 2023-02-08
ISBN : 9791166871092
정가 : 32000
[형 법 총 론]
제1편 형법의 일반이론
제1장 형법의 기본개념
제1절 형법의 의의와 성격 ······················································································ 5
[1] 형법의 의의/ 5 [2] 형법의 성격/ 6
제2절 형법의 기능 ································································································ 7
[1] 규제적 기능/ 7 [2] 보호적 기능/ 7 [3] 보장적 기능/ 8
제3절 형법의 발전 ································································································· 9
제2장 형법의 기본원리
제1절 죄형법정주의 ····························································································· 10
[1] 죄형법정주의의 의의/ 10 [2] 죄형법정주의의 연혁과 사상적 배경/ 10
[3] 죄형법정주의의 현대적 의의/ 11 [4] 죄형법정주의의 내용/ 11
제2절 형법이론 ···································································································· 37
[1] 형법학파/ 37 [2] 형벌이론/ 38 [3] 범죄이론/ 40
제3장 형법의 적용범위
제1절 형법의 시간적 적용범위 ·············································································· 41
[1] 서 설/ 41 [2] 형법의 태도/ 41 [3] 한시법/ 52
제2절 형법의 장소적 적용범위 ··············································································· 58
[1] 서 설/ 58 [2] 형법의 태도/ 59
제3절 형법의 인적 적용범위 ·················································································· 65
[1] 의 의/ 65 [2] 예 외/ 65
제2편 범 죄 론
제1장 범죄론의 기초
제1절 범죄의 의의와 종류 ····················································································· 69
[1] 범죄의 의의와 본질/ 69 [2] 범죄의 성립요건·처벌조건·소추조건/ 70
[3] 범죄의 종류/ 72
제2절 행위론 ······································································································· 79
[1] 서 설/ 79 [2] 행위론의 종류/ 80
제3절 범죄체계론 ································································································· 83
[1] 범죄체계론의 의의/ 83 [2] 범죄체계론의 현황/ 83
제4절 행위의 주체와 객체 ····················································································· 84
[1] 행위의 주체/ 84 [2] 행위의 객체와 보호의 객체/ 91
제2장 구성요건론
제1절 구성요건의 일반이론 ··················································································· 93
[1] 구성요건의 의의/ 93 [2] 구성요건이론의 발전/ 93
[3] 구성요건과 위법성의 관계/ 94 [4] 구성요건의 유형/ 95
[5] 구성요건의 요소/ 97 [6] 구성요건해당성배제사유/ 98
제2절 결과반가치와 행위반가치 ············································································· 99
[1] 결과반가치와 행위반가치/ 99 [2] 결과반가치론과 행위반가치론/ 99
[3] 결과반가치와 행위반가치의 내용/ 101
제3절 부작위범 ·································································································· 103
[1] 부작위/ 103 [2] 부작위범/ 105
[3] 부진정부작위범의 구성요건/ 108 [4] 관련문제/ 117
제4절 인과관계와 객관적 귀속 ············································································· 120
[1] 서 설/ 120 [2] 인과관계에 관한 학설/ 122
[3] 객관적 귀속이론/ 130 [4] 형법 제17조의 해석/ 134
제5절 구성요건적 고의 ······················································································· 135
[1] 고의의 의의와 본질/ 135 [2] 고의의 체계적 지위/ 136
[3] 고의의 내용/ 137 [4] 고의의 종류/ 138
제6절 구성요건적 착오 ······················································································· 145
[1] 서 설/ 145 [2] 구성요건적 착오의 유형/ 147
[3] 구성요건적 착오에 관한 학설과 판례/ 148
[4] 가감적 구성요건요소에 대한 착오/ 152
[5] 인과관계의 착오와 개괄적 고의/ 153 [6] 관련문제/ 156
제7절 과실범 ····································································································· 157
[1] 서 설/ 157 [2] 과실범의 성립요건/ 160
[3] 객관적 주의의무의 제한원리/ 168 [4] 관련문제/ 174
제8절 결과적 가중범 ·························································································· 176
[1] 서 설/ 176 [2] 결과적 가중범의 성립요건/ 179
[3] 관련문제/ 184
제3장 위법성론
제1절 위법성의 일반이론 ···················································································· 188
[1] 위법성의 의의/ 188 [2] 위법성의 본질/ 189
[3] 위법성의 평가방법/ 190 [4] 위법성조각사유/ 191
제2절 정당방위 ·································································································· 197
[1] 서 설/ 197 [2] 정당방위의 성립요건/ 198
[3] 정당방위의 효과/ 209 [4] 과잉방위와 오상방위/ 210
제3절 긴급피난 ·································································································· 215
[1] 서 설/ 215 [2] 긴급피난의 성립요건/ 216
[3] 긴급피난의 효과/ 222 [4] 과잉피난과 오상피난/ 223
[5] 의무의 충돌/ 223
제4절 자구행위 ·································································································· 228
[1] 서 설/ 228 [2] 자구행위의 성립요건/ 229
[3] 자구행위의 효과/ 234 [4] 과잉자구행위와 오상자구행위/ 234
제5절 피해자의 승낙 ·························································································· 236
[1] 양 해/ 236 [2] 피해자의 승낙/ 238
[3] 추정적 승낙/ 242
제6절 정당행위 ·································································································· 246
[1] 서 설/ 246 [2] 법령에 의한 행위/ 247
[3] 업무로 인한 행위/ 255 [4] 사회상규에 위배되지 않는 행위/ 260
제4장 책임론
제1절 책임의 일반이론 ······················································································· 270
[1] 서 설/ 270 [2] 책임의 근거/ 271
[3] 책임의 본질/ 274 [4] 책임의 판단/ 276
제2절 책임능력 ·································································································· 277
[1] 서 설/ 277 [2] 책임무능력자/ 278
[3] 한정책임능력자/ 283 [4] 원인에 있어서 자유로운 행위/ 285
제3절 위법성의 인식과 금지착오 ·········································································· 290
[1] 위법성의 인식/ 290 [2] 금지착오/ 294
[3] 위법성조각사유의 전제사실에 대한 착오/ 306
제4절 기대가능성 ······························································································· 309
[1] 기대가능성이론/ 309 [2] 강요된 행위/ 313
[3] 초법규적 책임조각사유/ 317
제5장 미수론
제1절 미수범의 일반이론 ···················································································· 319
[1] 범죄실현의 단계/ 319 [2] 미수범의 처벌근거/ 320
제2절 장애미수 ·································································································· 323
[1] 의 의/ 323 [2] 장애미수의 성립요건/ 323
[3] 장애미수의 처벌/ 330 [4] 관련문제/ 330
제3절 중지미수 ·································································································· 332
[1] 서 설/ 332 [2] 중지미수의 성립요건/ 333
[3] 중지미수의 처벌/ 339 [4] 관련문제/ 339
제4절 불능미수 ·································································································· 342
[1] 서 설/ 342 [2] 불능미수의 성립요건/ 343
[3] 불능미수의 처벌 및 관련문제/ 348
제5절 예비죄 ····································································································· 350
[1] 서 설/ 350 [2] 예비죄의 법적 성격/ 351
[3] 예비죄의 성립요건/ 352 [4] 관련문제/ 354
제6장 정범 및 공범론
제1절 정범·공범의 일반이론 ················································································ 356
[1] 서 설/ 356 [2] 정범과 공범의 구별/ 361
[3] 공범의 종속성과 처벌근거/ 365
제2절 간접정범 ································································································· 370
[1] 서 설/ 370 [2] 간접정범의 성립요건/ 371
[3] 간접정범의 처벌/ 376 [4] 관련문제/ 376
[5] 특수교사·방조/ 379
제3절 공동정범 ·································································································· 380
[1] 서 설/ 380 [2] 공동정범의 성립요건/ 382
[3] 공동정범의 처벌/ 398 [4] 관련문제/ 399
제4절 교사범 ····································································································· 408
[1] 서 설/ 408 [2] 교사범의 성립요건/ 409
[3] 교사의 착오/ 414 [4] 교사범의 처벌/ 416
[5] 관련문제/ 417
제5절 종 범 ······································································································ 419
[1] 서 설/ 419 [2] 종범의 성립요건/ 420
[3] 종범의 착오/ 428 [4] 종범의 처벌/ 429
[5] 관련문제/ 430
제6절 공범과 신분 ···························································································· 432
[1] 서 설/ 432 [2] 형법 제33조의 해석론/ 434
[3] 소극적 신분과 공범/ 440
제7장 죄수론
제1절 죄수의 일반이론 ······················································································· 442
[1] 죄수론의 의의/ 442 [2] 죄수결정의 기준/ 442
[3] 수죄의 처벌/ 446
제2절 일 죄 ······································································································ 447
[1] 서 설/ 447 [2] 법조경합 / 447 [3] 포괄일죄/ 455
제3절 수 죄 ······································································································ 466
[1] 상상적 경합/ 466 [2] 실체적 경합/ 474
제3편 형 벌 론
제1절 형벌의 종류 ····························································································· 487
[1] 서 설/ 487 [2] 사 형/ 488 [3] 자유형/ 489
[4] 재산형/ 490 [5] 명예형/ 501 [6] 형의 경중/ 502
제2절 형의 양정 ································································································ 503
[1] 의 의/ 503 [2] 형의 양정의 단계/ 503
[3] 형의 가중·감경·면제/ 504 [4] 양 형/ 511
[5] 판결선고 전 구금 및 판결의 공시/ 513
제3절 누 범 ······································································································ 515
[1] 서 설/ 515 [2] 누범가중의 요건/ 516
[3] 누범의 효과/ 520 [4] 판결선고 후의 누범발각/ 521
제4절 집행유예·선고유예·가석방 ··········································································· 522
[1] 집행유예/ 522 [2] 선고유예/ 528 [3] 가석방/ 532
제5절 형의 시효·소멸·기간 ·················································································· 536
[1] 형의 시효/ 536 [2] 형의 소멸·실효와 복권·사면/ 537
[3] 형의 기간/ 540
제6절 보안처분 ·································································································· 541
[1] 보안처분의 일반이론/ 541 [2] 현행법상의 보안처분/ 543
[판례색인] ········································································································ 547
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