형법요론(2023)
땅끝
2023-11-12 08:33
447
0
본문
형법요론(2023)
도서명 : 형법요론(2023)
저자/출판사 : 신호진,저자,글,, 문형사
쪽수 : 1597쪽
출판일 : 2023-01-13
ISBN : 9791166871047
정가 : 68000
형법총론
제1편 형법의 일반이론
제1장 형법의 기본개념
제1절 형법의 의의와 성격 ······················································································ 5
[1] 형법의 의의/ 5 [2] 형법의 성격/ 5
제2절 형법의 기능 ································································································· 7
[1] 규제적 기능/ 7 [2] 보호적 기능/ 7 [3] 보장적 기능/ 8
제3절 형법의 발전 ································································································· 9
[1] 형법의 역사/ 9 [2] 위험사회와 위험형법/ 9
제2장 형법의 기본원리
제1절 죄형법정주의 ······························································································ 11
[1] 죄형법정주의의 의의/ 11 [2] 죄형법정주의의 연혁과 사상적 배경/ 12
[3] 죄형법정주의의 현대적 의의/ 12 [4] 죄형법정주의의 내용/ 13
제2절 형법이론 ···································································································· 41
[1] 형법학파/ 41 [2] 형벌이론/ 44 [3] 범죄이론/ 46
제3장 형법의 적용범위
제1절 형법의 시간적 적용범위 ··············································································· 48
[1] 서 설/ 48 [2] 형법의 태도/ 48 [3] 한시법/ 59
제2절 형법의 장소적 적용범위 ··············································································· 64
[1] 서 설/ 64 [2] 형법의 태도/ 65
제3절 형법의 인적 적용범위 ·················································································· 71
[1] 의 의/ 71 [2] 예 외/ 71
제2편 범 죄 론
제1장 범죄론의 기초
제1절 범죄의 의의와 종류 ····················································································· 75
[1] 범죄의 의의와 본질/ 75 [2] 범죄의 성립요건·처벌조건·소추조건/ 76
[3] 범죄의 종류/ 79
제2절 행위론 ······································································································· 87
[1] 서 설/ 87 [2] 행위론의 종류/ 88
제3절 범죄체계론 ································································································· 91
[1] 범죄체계론의 의의/ 91 [2] 범죄체계론의 현황/ 92
제4절 행위의 주체와 객체 ····················································································· 93
[1] 행위의 주체/ 93 [2] 행위의 객체와 보호의 객체/ 102
제2장 구성요건론
제1절 구성요건의 일반이론 ················································································· 104
[1] 구성요건의 의의/ 104 [2] 구성요건과 위법성의 관계/ 105
[3] 구성요건의 요소/ 106 [4] 구성요건해당성배제사유/ 107
제2절 결과반가치와 행위반가치 ··········································································· 108
[1] 결과반가치와 행위반가치/ 108 [2] 결과반가치론과 행위반가치론/ 108
[3] 결과반가치와 행위반가치의 내용/ 110
제3절 부작위범 ·································································································· 112
[1] 부작위/ 112 [2] 부작위범/ 114
[3] 부진정부작위범의 구성요건/ 118 [4] 관련문제/ 128
제4절 인과관계와 객관적 귀속 ············································································· 131
[1] 서 설/ 131 [2] 인과관계에 관한 학설/ 133
[3] 객관적 귀속이론/ 142 [4] 형법 제17조의 해석/ 149
제5절 구성요건적 고의 ······················································································· 150
[1] 고의의 의의와 본질/ 150 [2] 고의의 체계적 지위/ 151
[3] 고의의 내용/ 152 [4] 고의의 종류/ 154
제6절 구성요건적 착오 ······················································································· 162
[1] 서 설/ 162 [2] 구성요건적 착오의 유형/ 164
[3] 구성요건적 착오에 관한 학설과 판례/ 165
[4] 가감적 구성요건요소에 대한 착오/ 170
[5] 인과관계의 착오와 개괄적 고의/ 173 [6] 관련문제/ 177
제7절 과실범 ····································································································· 178
[1] 서 설/ 178 [2] 과실범의 성립요건/ 182
[3] 객관적 주의의무의 제한원리/ 191 [4] 관련문제/ 198
제8절 결과적 가중범 ·························································································· 200
[1] 서 설/ 200 [2] 결과적 가중범의 성립요건/ 203
[3] 관련문제/ 209
제3장 위법성론
제1절 위법성의 일반이론 ···················································································· 215
[1] 위법성의 의의/ 215 [2] 위법성의 본질/ 216
[3] 위법성의 평가방법/ 217 [4] 위법성조각사유/ 218
제2절 정당방위 ·································································································· 225
[1] 서 설/ 225 [2] 정당방위의 성립요건/ 226
[3] 정당방위의 효과/ 238 [4] 과잉방위와 오상방위/ 239
제3절 긴급피난 ·································································································· 245
[1] 서 설/ 245 [2] 긴급피난의 성립요건/ 247
[3] 긴급피난의 효과/ 253 [4] 과잉피난과 오상피난/ 254
[5] 의무의 충돌/ 255
제4절 자구행위 ·································································································· 259
[1] 서 설/ 259 [2] 자구행위의 성립요건/ 260
[3] 자구행위의 효과/ 264 [4] 과잉자구행위와 오상자구행위/ 265
제5절 피해자의 승낙 ·························································································· 267
[1] 양 해/ 267 [2] 피해자의 승낙/ 269
[3] 추정적 승낙/ 274
제6절 정당행위 ·································································································· 278
[1] 서 설/ 278 [2] 법령에 의한 행위/ 279
[3] 업무로 인한 행위/ 288 [4] 사회상규에 위배되지 않는 행위/ 292
제4장 책임론
제1절 책임의 일반이론 ······················································································· 302
[1] 서 설/ 302 [2] 책임의 근거/ 303
[3] 책임의 본질/ 305 [4] 책임의 판단/ 308
제2절 책임능력 ·································································································· 310
[1] 서 설/ 310 [2] 책임무능력자/ 311
[3] 한정책임능력자/ 317 [4] 원인에 있어서 자유로운 행위/ 318
제3절 위법성의 인식과 금지착오 ········································································· 326
[1] 위법성의 인식/ 326 [2] 금지착오/ 330
[3] 위법성조각사유의 전제사실에 대한 착오/ 343
제4절 기대가능성 ······························································································· 349
[1] 기대가능성이론/ 349 [2] 강요된 행위/ 354
[3] 초법규적 책임조각사유/ 358
제5장 미수론
제1절 미수범의 일반이론 ···················································································· 360
[1] 범죄실현의 단계/ 360 [2] 미수범의 처벌근거/ 362
제2절 장애미수 ·································································································· 364
[1] 의 의/ 364 [2] 장애미수의 성립요건/ 364
[3] 장애미수의 처벌/ 372 [4] 관련문제/ 372
제3절 중지미수 ·································································································· 374
[1] 서 설/ 374 [2] 중지미수의 성립요건/ 375
[3] 중지미수의 처벌/ 384 [4] 관련문제/ 384
제4절 불능미수 ·································································································· 389
[1] 서 설/ 389 [2] 불능미수의 성립요건/ 390
[3] 불능미수의 처벌 및 관련문제/ 396
제5절 예비죄 ···································································································· 399
[1] 서 설/ 399 [2] 예비죄의 법적 성격/ 400
[3] 예비죄의 성립요건/ 401 [4] 관련문제/ 404
제6장 정범 및 공범론
제1절 정범·공범의 일반이론 ················································································ 407
[1] 서 설/ 407 [2] 정범과 공범의 구별/ 413
[3] 공범의 종속성과 처벌근거/ 418
제2절 간접정범 ·································································································· 423
[1] 서 설/ 423 [2] 간접정범의 성립요건/ 424
[3] 간접정범의 처벌/ 430 [4] 관련문제/ 431
[5] 특수교사·방조/ 434
제3절 공동정범 ·································································································· 435
[1] 서 설/ 435 [2] 공동정범의 성립요건/ 437
[3] 공동정범의 처벌/ 457 [4] 관련문제/ 458
제4절 교사범 ····································································································· 472
[1] 서 설/ 472 [2] 교사범의 성립요건/ 473
[3] 교사의 착오/ 479 [4] 교사범의 처벌/ 483
[5] 관련문제/ 483
제5절 종 범 ······································································································ 486
[1] 서 설/ 486 [2] 종범의 성립요건/ 487
[3] 종범의 착오/ 496 [4] 종범의 처벌/ 498
[5] 관련문제/ 498
제6절 공범과 신분 ····························································································· 500
[1] 서 설/ 500 [2] 형법 제33조의 해석론/ 502
[3] 소극적 신분과 공범/ 510 [4] 입법론/ 512
제7장 죄수론
제1절 죄수의 일반이론 ······················································································· 513
[1] 죄수론의 의의/ 513 [2] 죄수결정의 기준/ 513
[3] 수죄의 처벌/ 517
제2절 일 죄 ······································································································ 519
[1] 서 설/ 519 [2] 법조경합 / 519 [3] 포괄일죄/ 528
제3절 수 죄 ······································································································ 540
[1] 상상적 경합/ 540 [2] 실체적 경합/ 549
제3편 형 벌 론
제1절 형벌의 종류 ····························································································· 561
[1] 서 설/ 561 [2] 사 형/ 561 [3] 자유형/ 562
[4] 재산형/ 563 [5] 명예형/ 575 [6] 형의 경중/ 576
제2절 형의 양정 ································································································ 578
[1] 의 의/ 578 [2] 형의 양정의 단계/ 578
[3] 형의 가중·감경·면제/ 578 [4] 양 형/ 586
[5] 판결선고 전 구금 및 판결의 공시/ 588
제3절 누 범 ······································································································ 590
[1] 서 설/ 590 [2] 누범가중의 요건/ 591
[3] 누범의 효과/ 595 [4] 판결선고 후의 누범발각/ 595
제4절 집행유예·선고유예·가석방 ··········································································· 597
[1] 집행유예/ 597 [2] 선고유예/ 604 [3] 가석방/ 608
제5절 형의 시효·소멸·기간 ·················································································· 612
[1] 형의 시효/ 612 [2] 형의 소멸·실효와 복권·사면/ 613
[3] 형의 기간/ 616
제6절 보안처분 ·································································································· 617
[1] 보안처분의 일반이론/ 617 [2] 현행법상의 보안처분/ 620
형법각론
제1편 개인적 법익에 대한 죄
제1장 생명과 신체에 대한 죄
제1절 살인의 죄 ································································································ 629
[1] 총 설/ 629 [2] 살인죄/ 629 [3] 존속살해죄/ 635
[4] 영아살해죄/ 637 [5] 촉탁·승낙살인죄/ 640 [6] 자살교사·방조죄/ 641
[7] 위계·위력에 의한 살인죄/ 645 [8] 살인예비·음모죄/ 646
제2절 상해와 폭행의 죄 ······················································································ 647
[1] 총 설/ 647 [2] 상해죄/ 648 [3] 존속상해죄/ 654
[4] 중상해죄/ 654 [5] 존속중상해죄/ 656 [6] 특수상해죄/ 656
[7] 상해치사죄·존속상해치사죄/ 657 [8] 상해의 동시범특례/ 657
[9] 폭행죄/ 658 [10] 존속폭행죄/ 663 [11] 특수폭행죄/ 663
[12] 폭행치사상죄/ 669 [13] 상습상해·폭행죄/ 670
제3절 과실치사상의 죄 ······················································································· 671
[1] 총 설/ 671 [2] 과실치상죄/ 672 [3] 과실치사죄/ 672
[4] 업무상과실·중과실치사상죄/ 673
제4절 낙태의 죄 ································································································ 685
[1] 총 설/ 685 [2] 자기낙태죄/ 687 [3] 동의낙태죄/ 687
[4] 업무상동의낙태죄/ 688 [5] 부동의낙태죄/ 689 [6] 낙태치사상죄/ 690
제5절 유기와 학대의 죄 ······················································································ 691
[1] 총 설/ 691 [2] 유기죄/ 692 [3] 존속유기죄/ 696
[4] 중유기죄·존속중유기죄/ 696 [5] 영아유기죄/ 697
[6] 학대죄/ 697 [7] 존속학대죄/ 699 [8] 아동혹사죄/ 699
[9] 유기치사상죄/ 701
제2장 자유에 대한 죄
제1절 협박의 죄 ································································································ 702
[1] 총 설/ 702 [2] 협박죄/ 703 [3] 존속협박죄/ 712
[4] 특수협박죄/ 712 [5] 상습협박죄/ 712
제2절 강요의 죄 ································································································ 713
[1] 총 설/ 713 [2] 강요죄/ 713 [3] 특수강요죄/ 719 [4] 중강요죄/ 720
[5] 인질강요죄/ 720 [6] 인질상해·치상죄/ 722 [7] 인질살해·치사죄/ 722
제3절 체포와 감금의 죄 ······················································································ 723
[1] 총 설/ 723 [2] 체포·감금죄/ 723 [3] 존속체포·감금죄/ 730
[4] 중체포·감금죄, 존속중체포·감금죄/ 731 [5] 특수체포·감금죄/ 732
[6] 상습체포·감금죄/ 732 [7] 체포·감금치사상죄/ 732
제4절 약취·유인 및 인신매매의 죄 ······································································· 734
[1] 총 설/ 734 [2] 미성년자 약취·유인죄/ 735
[3] 추행·간음·결혼·영리목적 약취·유인죄/ 741
[4] 노동력 착취·성매매와 성적 착취·장기적출목적 약취·유인죄/ 744
[5] 국외이송목적 약취·유인죄/ 744 [6] 피약취·유인자 국외이송죄/ 745
[7] 인신매매죄/ 746 [8] 추행·간음·결혼·영리목적 인신매매죄/ 747
[9] 노동력 착취·성매매와 성적 착취·장기적출목적 인신매매죄/ 747
[10] 국외이송목적 인신매매죄/ 748 [11] 피매매자 국외이송죄/ 748
[12] 피약취·유인·매매·이송자 상해·치상죄/ 748
[13] 피약취·유인·매매·이송자 살인·치사죄/ 749
[14] 피약취·유인·매매·이송자 수수·은닉죄/ 749
[15] 약취·유인·매매·이송목적 모집·운송·전달죄/ 750
제5절 강간과 추행의 죄 ······················································································ 751
[1] 총 설/ 751 [2] 강간죄/ 755 [3] 유사강간죄/ 761
[4] 강제추행죄/ 763 [5] 준강간죄·준강제추행죄/ 768
[6] 미성년자의제강간·강제추행죄/ 773
[7] 강간상해·치상죄, 강간살인·치사죄/ 775
[8] 미성년자·심신미약자 간음·추행죄/ 779
[9] 피감호자간음죄/ 781 [10] 피구금자간음죄/ 783 [11] 상습범/ 784
제3장 명예와 신용에 대한 죄
제1절 명예에 관한 죄 ························································································· 785
[1] 총 설/ 785 [2] 명예훼손죄/ 786 [3] 사자의 명예훼손죄/ 807
[4] 출판물에 의한 명예훼손죄/ 808 [5] 모욕죄/ 813
제2절 신용·업무와 경매에 관한 죄 ······································································· 819
[1] 총 설/ 819 [2] 신용훼손죄/ 819 [3] 업무방해죄/ 822
[4] 컴퓨터업무방해죄/ 841 [5] 경매·입찰방해죄/ 845
제4장 사생활의 평온에 대한 죄
제1절 비밀침해의 죄 ·························································································· 849
[1] 총 설/ 849 [2] 비밀침해죄/ 850 [3] 업무상비밀누설죄/ 854
제2절 주거침입의 죄 ·························································································· 857
[1] 총 설/ 857 [2] 주거침입죄/ 858 [3] 퇴거불응죄/ 874
[4] 특수주거침입죄/ 876 [5] 주거·신체수색죄/ 876
제5장 재산에 대한 죄
제1절 재산죄의 기본개념 ···················································································· 878
[1] 재산죄의 분류/ 878 [2] 재산죄의 객체/ 879 [3] 형법상의 점유/ 887
[4] 불법영득의사/ 897 [5] 친족상도례/ 909
제2절 절도의 죄 ································································································ 917
[1] 총 설/ 917 [2] 절도죄/ 918 [3] 야간주거침입절도죄/ 929
[4] 특수절도죄/ 931 [5] 자동차 등 불법사용죄/ 937 [6] 상습절도죄/ 940
제3절 강도의 죄 ································································································ 942
[1] 총 설/ 942 [2] 강도죄/ 943 [3] 특수강도죄/ 954
[4] 준강도죄/ 956 [5] 인질강도죄/ 967
[6] 강도상해·치상죄/ 969 [7] 강도살인·치사죄/ 972
[8] 강도강간죄/ 975 [9] 해상강도죄, 해상강도상해·치상·살인·치사·강간죄/ 978
[10] 상습강도죄/ 980 [11] 강도예비·음모죄/ 980
제4절 사기의 죄 ································································································ 981
[1] 총 설/ 981 [2] 사기죄/ 982
[3] 컴퓨터 등 사용사기죄/ 1028 [4] 신용카드 관련범죄/ 1034
[5] 준사기죄/ 1044 [6] 편의시설부정이용죄/ 1046
[7] 부당이득죄/ 1047 [8] 상습사기죄/ 1050
제5절 공갈의 죄 ······························································································· 1051
[1] 총 설/ 1051 [2] 공갈죄/ 1052
[3] 특수공갈죄/ 1061 [4] 상습공갈죄/ 1061
제6절 횡령의 죄 ······························································································ 1062
[1] 총 설/ 1062 [2] 횡령죄/ 1063
[3] 업무상횡령죄/ 1107 [4] 점유이탈물횡령죄/ 1108
제7절 배임의 죄 ······························································································· 1110
[1] 총 설/ 1110 [2] 배임죄/ 1112 [3] 업무상배임죄/ 1151
[4] 배임수재죄/ 1151 [5] 배임증재죄/ 1160
제8절 장물의 죄 ······························································································· 1163
[1] 총 설/ 1163 [2] 장물죄/ 1173
[3] 상습장물죄/ 1181 [4] 업무상과실·중과실장물죄/ 1182
제9절 손괴의 죄 ······························································································· 1183
[1] 총 설/ 1183 [2] 재물손괴죄/ 1183
[3] 공익건조물파괴죄/ 1192 [4] 중손괴죄·손괴치사상죄/ 1193
[5] 특수손괴죄/ 1194 [6] 경계침범죄/ 1194
제10절 권리행사를 방해하는 죄 ········································································· 1198
[1] 총 설/ 1198 [2] 권리행사방해죄/ 1198 [3] 점유강취죄/ 1205
[4] 준점유강취죄/ 1206 [5] 중권리행사방해죄/ 1206
[6] 강제집행면탈죄/ 1206
제2편 사회적 법익에 대한 죄
제1장 공공의 안전과 평온에 대한 죄
제1절 공안을 해하는 죄 ···················································································· 1219
[1] 총 설/ 1219 [2] 범죄단체 등 조직죄/ 1219 [3] 소요죄/ 1224
[4] 다중불해산죄/ 1227 [5] 전시공수계약불이행죄/ 1228
[6] 공무원자격사칭죄/ 1229
제2절 폭발물에 관한 죄 ···················································································· 1231
[1] 총 설/ 1231 [2] 폭발물사용죄/ 1231 [3] 전시폭발물사용죄/ 1233
[4] 폭발물사용 예비·음모·선동죄/ 1234
[5] 전시폭발물 제조·수입·수출·수수·소지죄/ 1234
제3절 방화와 실화의 죄 ···················································································· 1235
[1] 총 설/ 1235 [2] 현주건조물 등 방화죄/ 1237
[3] 현주건조물 등 방화치사상죄/ 1242 [4] 공용건조물 등 방화죄/ 1244
[5] 일반건조물 등 방화죄/ 1244 [6] 일반물건방화죄/ 1246
[7] 연소죄/ 1247 [8] 진화방해죄/ 1248
[9] 폭발성물건파열죄/ 1249 [10] 폭발성물건파열치사상죄/ 1249
[11] 가스·전기 등 방류죄/ 1250 [12] 가스·전기 등 방류치사상죄/ 1250
[13] 가스·전기 등 공급방해죄/ 1250 [14] 가스·전기 등 공급방해치사상죄/ 1250
[15] 방화 등 예비·음모죄/ 1251 [16] 실화죄/ 1251
[17] 업무상실화·중실화죄/ 1251 [18] 과실폭발성물건파열 등 죄/ 1252
제4절 일수와 수리에 관한 죄 ············································································ 1254
[1] 총 설/ 1254 [2] 현주건조물 등 일수죄/ 1254
[3] 현주건조물일수치사상죄/ 1255 [4] 공용건조물 등 일수죄/ 1256
[5] 일반건조물 등 일수죄/ 1256 [6] 방수방해죄/ 1256
[7] 과실일수죄/ 1257 [8] 일수예비·음모죄/ 1257 [9] 수리방해죄/ 1258
제5절 교통방해의 죄 ························································································ 1260
[1] 총 설/ 1260 [2] 일반교통방해죄/ 1260 [3] 기차·선박 등 교통방해죄/ 1264
[4] 기차 등 전복죄/ 1265 [5] 교통방해치사상죄/ 1266
[6] 과실교통방해죄/ 1266 [7] 업무상과실·중과실교통방해죄/ 1267
제2장 공공의 신용에 대한 죄
제1절 통화에 관한 죄 ······················································································· 1269
[1] 총 설/ 1269 [2] 내국통화 위조·변조죄/ 1270
[3] 내국유통 외국통화 위조·변조죄/ 1272
[4] 외국통용 외국통화 위조·변조죄/ 1272
[5] 위조·변조통화 행사 등 죄/ 1273 [6] 위조·변조통화취득죄/ 1276
[7] 위조통화취득후지정행사죄/ 1277 [8] 통화유사물제조·수입·수출죄/ 1277
[9] 통화위조·변조 예비·음모죄/ 1278
제2절 유가증권·인지와 우표에 관한 죄 ······························································· 1279
[1] 총 설/ 1279 [2] 유가증권 위조·변조죄/ 1279
[3] 기재의 위조·변조죄/ 1286 [4] 자격모용에 의한 유가증권작성죄/ 1288
[5] 허위유가증권작성죄/ 1289 [6] 위조 등 유가증권 행사·수입·수출죄/ 1291
[7] 인지·우표 위조·변조죄/ 1293
[8] 위조·변조 인지·우표 행사·수입·수출죄/ 1293
[9] 위조·변조 인지·우표 취득죄/ 1294 [10] 소인말소죄/ 1294
[11] 인지·우표유사물 제조·수입·수출죄/ 1294 [12] 예비·음모죄/ 1294
제3절 문서에 관한 죄 ······················································································· 1295
[1] 총 설/ 1295 [2] 사문서위조·변조죄/ 1306
[3] 자격모용에 의한 사문서작성죄/ 1320 [4] 사전자기록 위작·변작죄/ 1323
[5] 공문서위조·변조죄/ 1326 [6] 자격모용에 의한 공문서작성죄/ 1327
[7] 공전자기록 위작·변작죄/ 1328 [8] 허위진단서 등 작성죄/ 1329
[9] 허위공문서작성죄/ 1332 [10] 공정증서원본 등 부실기재죄/ 1341
[11] 위조·변조·작성 사문서행사죄/ 1351
[12] 위조·변조 등 공문서행사죄/ 1354 [13] 사문서부정행사죄/ 1355
[14] 공문서부정행사죄/ 1356
제4절 인장에 관한 죄 ······················································································· 1361
[1] 총 설/ 1361 [2] 사인 등 위조·부정사용죄/ 1363
[3] 위조사인 등 행사죄/ 1365 [4] 공인 등 위조·부정사용죄/ 1366
[5] 위조공인 등 행사죄/ 1367
제3장 공중의 건강에 대한 죄
제1절 먹는 물에 관한 죄 ·················································································· 1368
[1] 총 설/ 1368 [2] 먹는 물 사용방해죄/ 1368
[3] 먹는 물 유해물혼입죄/ 1369 [4] 수돗물사용방해죄/ 1370
[5] 수돗물유해물혼입죄/ 1371 [6] 먹는 물 혼독치사상죄/ 1371
[7] 수도불통죄/ 1371
제2절 아편에 관한 죄 ······················································································· 1373
[1] 총 설/ 1373 [2] 아편흡식죄/ 1373 [3] 아편흡식장소제공죄/ 1374
[4] 아편 등 제조·수입·판매·판매목적소지죄/ 1375
[5] 아편흡식기 제조·수입·판매·판매목적소지죄/ 1375
[6] 세관공무원의 아편 등 수입·수입허용죄/ 1376
[7] 상습아편흡식·제조·수입·판매죄/ 1376 [8] 아편 등 소지죄/ 1376
제4장 사회의 도덕에 대한 죄
제1절 성풍속에 관한 죄 ···················································································· 1377
[1] 총 설/ 1377 [2] 음행매개죄/ 1377
[3] 음화 등 반포·판매·임대·공연전시죄/ 1379
[4] 음화 등 제조·소지·수입·수출죄/ 1383 [5] 공연음란죄/ 1384
제2절 도박과 복표에 관한 죄 ············································································ 1388
[1] 총 설/ 1388[2] 도박죄/ 1388 [3] 상습도박죄/ 1392
[4] 도박장소 등 개설죄/ 1393 [5] 복표발매·중개·취득죄/ 1395
제3절 신앙에 관한 죄 ······················································································· 1397
[1] 총 설/ 1397 [2] 장례식 등 방해죄/ 1397
[3] 시체 등 오욕죄/ 1399 [4] 분묘발굴죄/ 1400
[5] 시체 등 손괴·유기·은닉·영득죄/ 1402 [6] 변사체검시방해죄/ 1404
제3편 국가적 법익에 대한 죄
제1장 국가의 존립과 권위에 대한 죄
제1절 내란의 죄 ······························································································· 1409
[1] 총 설/ 1409 [2] 내란죄/ 1410 [3] 내란목적살인죄/ 1414
[4] 내란예비·음모·선동·선전죄/ 1415
제2절 외환의 죄 ······························································································· 1417
[1] 총 설/ 1417 [2] 외환유치죄/ 1417 [3] 여적죄/ 1418
[4] 모병이적죄/ 1419 [5] 시설제공이적죄/ 1419
[6] 시설파괴이적죄/ 1419 [7] 물건제공이적죄/ 1419
[8] 일반이적죄/ 1419 [9] 간첩죄/ 1420
[10] 전시군수계약불이행죄/ 1424 [11] 외환예비·음모·선동·선전죄/ 1425
제3절 국기에 관한 죄 ······················································································· 1426
[1] 총 설/ 1426 [2] 국기·국장모독죄/ 1426
[3] 국기·국장비방죄/ 1427
제4절 국교에 관한 죄 ······················································································· 1428
[1] 총 설/ 1428 [2] 외국원수에 대한 폭행 등 죄/ 1429
[3] 외국사절에 대한 폭행 등 죄/ 1429 [4] 외국국기·국장모독죄/ 1430
[5] 외국에 대한 사전죄/ 1430 [6] 중립명령위반죄/ 1431
[7] 외교상기밀누설죄/ 1431
제2장 국가의 기능에 대한 죄
제1절 공무원의 직무에 관한 죄 ········································································· 1433
[1] 총 설/ 1433 [2] 직무유기죄/ 1435 [3] 피의사실공표죄/ 1443
[4] 공무상비밀누설죄/ 1444 [5] 직권남용죄/ 1448
[6] 불법체포·감금죄/ 1455 [7] 폭행·가혹행위죄/ 1456
[8] 선거방해죄/ 1457 [9] 뇌물죄의 일반이론/ 1458
[10] 수뢰죄/ 1474 [11] 사전수뢰죄/ 1482
[12] 제3자뇌물공여죄/ 1483 [13] 수뢰후부정처사죄/ 1488
[14] 부정처사후수뢰죄/ 1489 [15] 사후수뢰죄/ 1490
[16] 알선수뢰죄/ 1490 [17] 증뢰죄/ 1493
제2절 공무방해에 관한 죄 ················································································· 1498
[1] 총 설/ 1498 [2] 공무집행방해죄/ 1498
[3] 직무·사직강요죄/ 1514 [4] 위계에 의한 공무집행방해죄/ 1515
[5] 법정·국회회의장모욕죄/ 1525 [6] 인권옹호직무방해죄/ 1526
[7] 공무상 봉인 등 표시무효죄/ 1528 [8] 공무상비밀침해죄/ 1533
[9] 부동산강제집행효용침해죄/ 1534 [10] 공용서류 등 무효죄/ 1535
[11] 공용물파괴죄/ 1539 [12] 공무상보관물무효죄/ 1540
[13] 특수공무방해죄·특수공무방해치사상죄/ 1541
제3절 도주와 범인은닉의 죄 ·············································································· 1544
[1] 총 설/ 1544 [2] 도주죄/ 1544 [3] 집합명령위반죄/ 1546
[4] 특수도주죄/ 1547 [5] 도주원조죄/ 1548
[6] 간수자도주원조죄/ 1550 [7] 범인은닉죄/ 1550
제4절 위증과 증거인멸의 죄 ·············································································· 1562
[1] 총 설/ 1562 [2] 위증죄/ 1562 [3] 모해위증죄/ 1574
[4] 허위감정·통역·번역죄/ 1574 [5] 증거인멸죄/ 1575
[6] 증인은닉·도피죄/ 1582 [7] 모해증거인멸죄/ 1583
제5절 무고의 죄 ······························································································· 1584
[1] 총 설/ 1584 [2] 무고죄/ 1584
[판례색인] ······································································································ 1599
[사항색인] ······································································································ 1627
도서명 : 형법요론(2023)
저자/출판사 : 신호진,저자,글,, 문형사
쪽수 : 1597쪽
출판일 : 2023-01-13
ISBN : 9791166871047
정가 : 68000
형법총론
제1편 형법의 일반이론
제1장 형법의 기본개념
제1절 형법의 의의와 성격 ······················································································ 5
[1] 형법의 의의/ 5 [2] 형법의 성격/ 5
제2절 형법의 기능 ································································································· 7
[1] 규제적 기능/ 7 [2] 보호적 기능/ 7 [3] 보장적 기능/ 8
제3절 형법의 발전 ································································································· 9
[1] 형법의 역사/ 9 [2] 위험사회와 위험형법/ 9
제2장 형법의 기본원리
제1절 죄형법정주의 ······························································································ 11
[1] 죄형법정주의의 의의/ 11 [2] 죄형법정주의의 연혁과 사상적 배경/ 12
[3] 죄형법정주의의 현대적 의의/ 12 [4] 죄형법정주의의 내용/ 13
제2절 형법이론 ···································································································· 41
[1] 형법학파/ 41 [2] 형벌이론/ 44 [3] 범죄이론/ 46
제3장 형법의 적용범위
제1절 형법의 시간적 적용범위 ··············································································· 48
[1] 서 설/ 48 [2] 형법의 태도/ 48 [3] 한시법/ 59
제2절 형법의 장소적 적용범위 ··············································································· 64
[1] 서 설/ 64 [2] 형법의 태도/ 65
제3절 형법의 인적 적용범위 ·················································································· 71
[1] 의 의/ 71 [2] 예 외/ 71
제2편 범 죄 론
제1장 범죄론의 기초
제1절 범죄의 의의와 종류 ····················································································· 75
[1] 범죄의 의의와 본질/ 75 [2] 범죄의 성립요건·처벌조건·소추조건/ 76
[3] 범죄의 종류/ 79
제2절 행위론 ······································································································· 87
[1] 서 설/ 87 [2] 행위론의 종류/ 88
제3절 범죄체계론 ································································································· 91
[1] 범죄체계론의 의의/ 91 [2] 범죄체계론의 현황/ 92
제4절 행위의 주체와 객체 ····················································································· 93
[1] 행위의 주체/ 93 [2] 행위의 객체와 보호의 객체/ 102
제2장 구성요건론
제1절 구성요건의 일반이론 ················································································· 104
[1] 구성요건의 의의/ 104 [2] 구성요건과 위법성의 관계/ 105
[3] 구성요건의 요소/ 106 [4] 구성요건해당성배제사유/ 107
제2절 결과반가치와 행위반가치 ··········································································· 108
[1] 결과반가치와 행위반가치/ 108 [2] 결과반가치론과 행위반가치론/ 108
[3] 결과반가치와 행위반가치의 내용/ 110
제3절 부작위범 ·································································································· 112
[1] 부작위/ 112 [2] 부작위범/ 114
[3] 부진정부작위범의 구성요건/ 118 [4] 관련문제/ 128
제4절 인과관계와 객관적 귀속 ············································································· 131
[1] 서 설/ 131 [2] 인과관계에 관한 학설/ 133
[3] 객관적 귀속이론/ 142 [4] 형법 제17조의 해석/ 149
제5절 구성요건적 고의 ······················································································· 150
[1] 고의의 의의와 본질/ 150 [2] 고의의 체계적 지위/ 151
[3] 고의의 내용/ 152 [4] 고의의 종류/ 154
제6절 구성요건적 착오 ······················································································· 162
[1] 서 설/ 162 [2] 구성요건적 착오의 유형/ 164
[3] 구성요건적 착오에 관한 학설과 판례/ 165
[4] 가감적 구성요건요소에 대한 착오/ 170
[5] 인과관계의 착오와 개괄적 고의/ 173 [6] 관련문제/ 177
제7절 과실범 ····································································································· 178
[1] 서 설/ 178 [2] 과실범의 성립요건/ 182
[3] 객관적 주의의무의 제한원리/ 191 [4] 관련문제/ 198
제8절 결과적 가중범 ·························································································· 200
[1] 서 설/ 200 [2] 결과적 가중범의 성립요건/ 203
[3] 관련문제/ 209
제3장 위법성론
제1절 위법성의 일반이론 ···················································································· 215
[1] 위법성의 의의/ 215 [2] 위법성의 본질/ 216
[3] 위법성의 평가방법/ 217 [4] 위법성조각사유/ 218
제2절 정당방위 ·································································································· 225
[1] 서 설/ 225 [2] 정당방위의 성립요건/ 226
[3] 정당방위의 효과/ 238 [4] 과잉방위와 오상방위/ 239
제3절 긴급피난 ·································································································· 245
[1] 서 설/ 245 [2] 긴급피난의 성립요건/ 247
[3] 긴급피난의 효과/ 253 [4] 과잉피난과 오상피난/ 254
[5] 의무의 충돌/ 255
제4절 자구행위 ·································································································· 259
[1] 서 설/ 259 [2] 자구행위의 성립요건/ 260
[3] 자구행위의 효과/ 264 [4] 과잉자구행위와 오상자구행위/ 265
제5절 피해자의 승낙 ·························································································· 267
[1] 양 해/ 267 [2] 피해자의 승낙/ 269
[3] 추정적 승낙/ 274
제6절 정당행위 ·································································································· 278
[1] 서 설/ 278 [2] 법령에 의한 행위/ 279
[3] 업무로 인한 행위/ 288 [4] 사회상규에 위배되지 않는 행위/ 292
제4장 책임론
제1절 책임의 일반이론 ······················································································· 302
[1] 서 설/ 302 [2] 책임의 근거/ 303
[3] 책임의 본질/ 305 [4] 책임의 판단/ 308
제2절 책임능력 ·································································································· 310
[1] 서 설/ 310 [2] 책임무능력자/ 311
[3] 한정책임능력자/ 317 [4] 원인에 있어서 자유로운 행위/ 318
제3절 위법성의 인식과 금지착오 ········································································· 326
[1] 위법성의 인식/ 326 [2] 금지착오/ 330
[3] 위법성조각사유의 전제사실에 대한 착오/ 343
제4절 기대가능성 ······························································································· 349
[1] 기대가능성이론/ 349 [2] 강요된 행위/ 354
[3] 초법규적 책임조각사유/ 358
제5장 미수론
제1절 미수범의 일반이론 ···················································································· 360
[1] 범죄실현의 단계/ 360 [2] 미수범의 처벌근거/ 362
제2절 장애미수 ·································································································· 364
[1] 의 의/ 364 [2] 장애미수의 성립요건/ 364
[3] 장애미수의 처벌/ 372 [4] 관련문제/ 372
제3절 중지미수 ·································································································· 374
[1] 서 설/ 374 [2] 중지미수의 성립요건/ 375
[3] 중지미수의 처벌/ 384 [4] 관련문제/ 384
제4절 불능미수 ·································································································· 389
[1] 서 설/ 389 [2] 불능미수의 성립요건/ 390
[3] 불능미수의 처벌 및 관련문제/ 396
제5절 예비죄 ···································································································· 399
[1] 서 설/ 399 [2] 예비죄의 법적 성격/ 400
[3] 예비죄의 성립요건/ 401 [4] 관련문제/ 404
제6장 정범 및 공범론
제1절 정범·공범의 일반이론 ················································································ 407
[1] 서 설/ 407 [2] 정범과 공범의 구별/ 413
[3] 공범의 종속성과 처벌근거/ 418
제2절 간접정범 ·································································································· 423
[1] 서 설/ 423 [2] 간접정범의 성립요건/ 424
[3] 간접정범의 처벌/ 430 [4] 관련문제/ 431
[5] 특수교사·방조/ 434
제3절 공동정범 ·································································································· 435
[1] 서 설/ 435 [2] 공동정범의 성립요건/ 437
[3] 공동정범의 처벌/ 457 [4] 관련문제/ 458
제4절 교사범 ····································································································· 472
[1] 서 설/ 472 [2] 교사범의 성립요건/ 473
[3] 교사의 착오/ 479 [4] 교사범의 처벌/ 483
[5] 관련문제/ 483
제5절 종 범 ······································································································ 486
[1] 서 설/ 486 [2] 종범의 성립요건/ 487
[3] 종범의 착오/ 496 [4] 종범의 처벌/ 498
[5] 관련문제/ 498
제6절 공범과 신분 ····························································································· 500
[1] 서 설/ 500 [2] 형법 제33조의 해석론/ 502
[3] 소극적 신분과 공범/ 510 [4] 입법론/ 512
제7장 죄수론
제1절 죄수의 일반이론 ······················································································· 513
[1] 죄수론의 의의/ 513 [2] 죄수결정의 기준/ 513
[3] 수죄의 처벌/ 517
제2절 일 죄 ······································································································ 519
[1] 서 설/ 519 [2] 법조경합 / 519 [3] 포괄일죄/ 528
제3절 수 죄 ······································································································ 540
[1] 상상적 경합/ 540 [2] 실체적 경합/ 549
제3편 형 벌 론
제1절 형벌의 종류 ····························································································· 561
[1] 서 설/ 561 [2] 사 형/ 561 [3] 자유형/ 562
[4] 재산형/ 563 [5] 명예형/ 575 [6] 형의 경중/ 576
제2절 형의 양정 ································································································ 578
[1] 의 의/ 578 [2] 형의 양정의 단계/ 578
[3] 형의 가중·감경·면제/ 578 [4] 양 형/ 586
[5] 판결선고 전 구금 및 판결의 공시/ 588
제3절 누 범 ······································································································ 590
[1] 서 설/ 590 [2] 누범가중의 요건/ 591
[3] 누범의 효과/ 595 [4] 판결선고 후의 누범발각/ 595
제4절 집행유예·선고유예·가석방 ··········································································· 597
[1] 집행유예/ 597 [2] 선고유예/ 604 [3] 가석방/ 608
제5절 형의 시효·소멸·기간 ·················································································· 612
[1] 형의 시효/ 612 [2] 형의 소멸·실효와 복권·사면/ 613
[3] 형의 기간/ 616
제6절 보안처분 ·································································································· 617
[1] 보안처분의 일반이론/ 617 [2] 현행법상의 보안처분/ 620
형법각론
제1편 개인적 법익에 대한 죄
제1장 생명과 신체에 대한 죄
제1절 살인의 죄 ································································································ 629
[1] 총 설/ 629 [2] 살인죄/ 629 [3] 존속살해죄/ 635
[4] 영아살해죄/ 637 [5] 촉탁·승낙살인죄/ 640 [6] 자살교사·방조죄/ 641
[7] 위계·위력에 의한 살인죄/ 645 [8] 살인예비·음모죄/ 646
제2절 상해와 폭행의 죄 ······················································································ 647
[1] 총 설/ 647 [2] 상해죄/ 648 [3] 존속상해죄/ 654
[4] 중상해죄/ 654 [5] 존속중상해죄/ 656 [6] 특수상해죄/ 656
[7] 상해치사죄·존속상해치사죄/ 657 [8] 상해의 동시범특례/ 657
[9] 폭행죄/ 658 [10] 존속폭행죄/ 663 [11] 특수폭행죄/ 663
[12] 폭행치사상죄/ 669 [13] 상습상해·폭행죄/ 670
제3절 과실치사상의 죄 ······················································································· 671
[1] 총 설/ 671 [2] 과실치상죄/ 672 [3] 과실치사죄/ 672
[4] 업무상과실·중과실치사상죄/ 673
제4절 낙태의 죄 ································································································ 685
[1] 총 설/ 685 [2] 자기낙태죄/ 687 [3] 동의낙태죄/ 687
[4] 업무상동의낙태죄/ 688 [5] 부동의낙태죄/ 689 [6] 낙태치사상죄/ 690
제5절 유기와 학대의 죄 ······················································································ 691
[1] 총 설/ 691 [2] 유기죄/ 692 [3] 존속유기죄/ 696
[4] 중유기죄·존속중유기죄/ 696 [5] 영아유기죄/ 697
[6] 학대죄/ 697 [7] 존속학대죄/ 699 [8] 아동혹사죄/ 699
[9] 유기치사상죄/ 701
제2장 자유에 대한 죄
제1절 협박의 죄 ································································································ 702
[1] 총 설/ 702 [2] 협박죄/ 703 [3] 존속협박죄/ 712
[4] 특수협박죄/ 712 [5] 상습협박죄/ 712
제2절 강요의 죄 ································································································ 713
[1] 총 설/ 713 [2] 강요죄/ 713 [3] 특수강요죄/ 719 [4] 중강요죄/ 720
[5] 인질강요죄/ 720 [6] 인질상해·치상죄/ 722 [7] 인질살해·치사죄/ 722
제3절 체포와 감금의 죄 ······················································································ 723
[1] 총 설/ 723 [2] 체포·감금죄/ 723 [3] 존속체포·감금죄/ 730
[4] 중체포·감금죄, 존속중체포·감금죄/ 731 [5] 특수체포·감금죄/ 732
[6] 상습체포·감금죄/ 732 [7] 체포·감금치사상죄/ 732
제4절 약취·유인 및 인신매매의 죄 ······································································· 734
[1] 총 설/ 734 [2] 미성년자 약취·유인죄/ 735
[3] 추행·간음·결혼·영리목적 약취·유인죄/ 741
[4] 노동력 착취·성매매와 성적 착취·장기적출목적 약취·유인죄/ 744
[5] 국외이송목적 약취·유인죄/ 744 [6] 피약취·유인자 국외이송죄/ 745
[7] 인신매매죄/ 746 [8] 추행·간음·결혼·영리목적 인신매매죄/ 747
[9] 노동력 착취·성매매와 성적 착취·장기적출목적 인신매매죄/ 747
[10] 국외이송목적 인신매매죄/ 748 [11] 피매매자 국외이송죄/ 748
[12] 피약취·유인·매매·이송자 상해·치상죄/ 748
[13] 피약취·유인·매매·이송자 살인·치사죄/ 749
[14] 피약취·유인·매매·이송자 수수·은닉죄/ 749
[15] 약취·유인·매매·이송목적 모집·운송·전달죄/ 750
제5절 강간과 추행의 죄 ······················································································ 751
[1] 총 설/ 751 [2] 강간죄/ 755 [3] 유사강간죄/ 761
[4] 강제추행죄/ 763 [5] 준강간죄·준강제추행죄/ 768
[6] 미성년자의제강간·강제추행죄/ 773
[7] 강간상해·치상죄, 강간살인·치사죄/ 775
[8] 미성년자·심신미약자 간음·추행죄/ 779
[9] 피감호자간음죄/ 781 [10] 피구금자간음죄/ 783 [11] 상습범/ 784
제3장 명예와 신용에 대한 죄
제1절 명예에 관한 죄 ························································································· 785
[1] 총 설/ 785 [2] 명예훼손죄/ 786 [3] 사자의 명예훼손죄/ 807
[4] 출판물에 의한 명예훼손죄/ 808 [5] 모욕죄/ 813
제2절 신용·업무와 경매에 관한 죄 ······································································· 819
[1] 총 설/ 819 [2] 신용훼손죄/ 819 [3] 업무방해죄/ 822
[4] 컴퓨터업무방해죄/ 841 [5] 경매·입찰방해죄/ 845
제4장 사생활의 평온에 대한 죄
제1절 비밀침해의 죄 ·························································································· 849
[1] 총 설/ 849 [2] 비밀침해죄/ 850 [3] 업무상비밀누설죄/ 854
제2절 주거침입의 죄 ·························································································· 857
[1] 총 설/ 857 [2] 주거침입죄/ 858 [3] 퇴거불응죄/ 874
[4] 특수주거침입죄/ 876 [5] 주거·신체수색죄/ 876
제5장 재산에 대한 죄
제1절 재산죄의 기본개념 ···················································································· 878
[1] 재산죄의 분류/ 878 [2] 재산죄의 객체/ 879 [3] 형법상의 점유/ 887
[4] 불법영득의사/ 897 [5] 친족상도례/ 909
제2절 절도의 죄 ································································································ 917
[1] 총 설/ 917 [2] 절도죄/ 918 [3] 야간주거침입절도죄/ 929
[4] 특수절도죄/ 931 [5] 자동차 등 불법사용죄/ 937 [6] 상습절도죄/ 940
제3절 강도의 죄 ································································································ 942
[1] 총 설/ 942 [2] 강도죄/ 943 [3] 특수강도죄/ 954
[4] 준강도죄/ 956 [5] 인질강도죄/ 967
[6] 강도상해·치상죄/ 969 [7] 강도살인·치사죄/ 972
[8] 강도강간죄/ 975 [9] 해상강도죄, 해상강도상해·치상·살인·치사·강간죄/ 978
[10] 상습강도죄/ 980 [11] 강도예비·음모죄/ 980
제4절 사기의 죄 ································································································ 981
[1] 총 설/ 981 [2] 사기죄/ 982
[3] 컴퓨터 등 사용사기죄/ 1028 [4] 신용카드 관련범죄/ 1034
[5] 준사기죄/ 1044 [6] 편의시설부정이용죄/ 1046
[7] 부당이득죄/ 1047 [8] 상습사기죄/ 1050
제5절 공갈의 죄 ······························································································· 1051
[1] 총 설/ 1051 [2] 공갈죄/ 1052
[3] 특수공갈죄/ 1061 [4] 상습공갈죄/ 1061
제6절 횡령의 죄 ······························································································ 1062
[1] 총 설/ 1062 [2] 횡령죄/ 1063
[3] 업무상횡령죄/ 1107 [4] 점유이탈물횡령죄/ 1108
제7절 배임의 죄 ······························································································· 1110
[1] 총 설/ 1110 [2] 배임죄/ 1112 [3] 업무상배임죄/ 1151
[4] 배임수재죄/ 1151 [5] 배임증재죄/ 1160
제8절 장물의 죄 ······························································································· 1163
[1] 총 설/ 1163 [2] 장물죄/ 1173
[3] 상습장물죄/ 1181 [4] 업무상과실·중과실장물죄/ 1182
제9절 손괴의 죄 ······························································································· 1183
[1] 총 설/ 1183 [2] 재물손괴죄/ 1183
[3] 공익건조물파괴죄/ 1192 [4] 중손괴죄·손괴치사상죄/ 1193
[5] 특수손괴죄/ 1194 [6] 경계침범죄/ 1194
제10절 권리행사를 방해하는 죄 ········································································· 1198
[1] 총 설/ 1198 [2] 권리행사방해죄/ 1198 [3] 점유강취죄/ 1205
[4] 준점유강취죄/ 1206 [5] 중권리행사방해죄/ 1206
[6] 강제집행면탈죄/ 1206
제2편 사회적 법익에 대한 죄
제1장 공공의 안전과 평온에 대한 죄
제1절 공안을 해하는 죄 ···················································································· 1219
[1] 총 설/ 1219 [2] 범죄단체 등 조직죄/ 1219 [3] 소요죄/ 1224
[4] 다중불해산죄/ 1227 [5] 전시공수계약불이행죄/ 1228
[6] 공무원자격사칭죄/ 1229
제2절 폭발물에 관한 죄 ···················································································· 1231
[1] 총 설/ 1231 [2] 폭발물사용죄/ 1231 [3] 전시폭발물사용죄/ 1233
[4] 폭발물사용 예비·음모·선동죄/ 1234
[5] 전시폭발물 제조·수입·수출·수수·소지죄/ 1234
제3절 방화와 실화의 죄 ···················································································· 1235
[1] 총 설/ 1235 [2] 현주건조물 등 방화죄/ 1237
[3] 현주건조물 등 방화치사상죄/ 1242 [4] 공용건조물 등 방화죄/ 1244
[5] 일반건조물 등 방화죄/ 1244 [6] 일반물건방화죄/ 1246
[7] 연소죄/ 1247 [8] 진화방해죄/ 1248
[9] 폭발성물건파열죄/ 1249 [10] 폭발성물건파열치사상죄/ 1249
[11] 가스·전기 등 방류죄/ 1250 [12] 가스·전기 등 방류치사상죄/ 1250
[13] 가스·전기 등 공급방해죄/ 1250 [14] 가스·전기 등 공급방해치사상죄/ 1250
[15] 방화 등 예비·음모죄/ 1251 [16] 실화죄/ 1251
[17] 업무상실화·중실화죄/ 1251 [18] 과실폭발성물건파열 등 죄/ 1252
제4절 일수와 수리에 관한 죄 ············································································ 1254
[1] 총 설/ 1254 [2] 현주건조물 등 일수죄/ 1254
[3] 현주건조물일수치사상죄/ 1255 [4] 공용건조물 등 일수죄/ 1256
[5] 일반건조물 등 일수죄/ 1256 [6] 방수방해죄/ 1256
[7] 과실일수죄/ 1257 [8] 일수예비·음모죄/ 1257 [9] 수리방해죄/ 1258
제5절 교통방해의 죄 ························································································ 1260
[1] 총 설/ 1260 [2] 일반교통방해죄/ 1260 [3] 기차·선박 등 교통방해죄/ 1264
[4] 기차 등 전복죄/ 1265 [5] 교통방해치사상죄/ 1266
[6] 과실교통방해죄/ 1266 [7] 업무상과실·중과실교통방해죄/ 1267
제2장 공공의 신용에 대한 죄
제1절 통화에 관한 죄 ······················································································· 1269
[1] 총 설/ 1269 [2] 내국통화 위조·변조죄/ 1270
[3] 내국유통 외국통화 위조·변조죄/ 1272
[4] 외국통용 외국통화 위조·변조죄/ 1272
[5] 위조·변조통화 행사 등 죄/ 1273 [6] 위조·변조통화취득죄/ 1276
[7] 위조통화취득후지정행사죄/ 1277 [8] 통화유사물제조·수입·수출죄/ 1277
[9] 통화위조·변조 예비·음모죄/ 1278
제2절 유가증권·인지와 우표에 관한 죄 ······························································· 1279
[1] 총 설/ 1279 [2] 유가증권 위조·변조죄/ 1279
[3] 기재의 위조·변조죄/ 1286 [4] 자격모용에 의한 유가증권작성죄/ 1288
[5] 허위유가증권작성죄/ 1289 [6] 위조 등 유가증권 행사·수입·수출죄/ 1291
[7] 인지·우표 위조·변조죄/ 1293
[8] 위조·변조 인지·우표 행사·수입·수출죄/ 1293
[9] 위조·변조 인지·우표 취득죄/ 1294 [10] 소인말소죄/ 1294
[11] 인지·우표유사물 제조·수입·수출죄/ 1294 [12] 예비·음모죄/ 1294
제3절 문서에 관한 죄 ······················································································· 1295
[1] 총 설/ 1295 [2] 사문서위조·변조죄/ 1306
[3] 자격모용에 의한 사문서작성죄/ 1320 [4] 사전자기록 위작·변작죄/ 1323
[5] 공문서위조·변조죄/ 1326 [6] 자격모용에 의한 공문서작성죄/ 1327
[7] 공전자기록 위작·변작죄/ 1328 [8] 허위진단서 등 작성죄/ 1329
[9] 허위공문서작성죄/ 1332 [10] 공정증서원본 등 부실기재죄/ 1341
[11] 위조·변조·작성 사문서행사죄/ 1351
[12] 위조·변조 등 공문서행사죄/ 1354 [13] 사문서부정행사죄/ 1355
[14] 공문서부정행사죄/ 1356
제4절 인장에 관한 죄 ······················································································· 1361
[1] 총 설/ 1361 [2] 사인 등 위조·부정사용죄/ 1363
[3] 위조사인 등 행사죄/ 1365 [4] 공인 등 위조·부정사용죄/ 1366
[5] 위조공인 등 행사죄/ 1367
제3장 공중의 건강에 대한 죄
제1절 먹는 물에 관한 죄 ·················································································· 1368
[1] 총 설/ 1368 [2] 먹는 물 사용방해죄/ 1368
[3] 먹는 물 유해물혼입죄/ 1369 [4] 수돗물사용방해죄/ 1370
[5] 수돗물유해물혼입죄/ 1371 [6] 먹는 물 혼독치사상죄/ 1371
[7] 수도불통죄/ 1371
제2절 아편에 관한 죄 ······················································································· 1373
[1] 총 설/ 1373 [2] 아편흡식죄/ 1373 [3] 아편흡식장소제공죄/ 1374
[4] 아편 등 제조·수입·판매·판매목적소지죄/ 1375
[5] 아편흡식기 제조·수입·판매·판매목적소지죄/ 1375
[6] 세관공무원의 아편 등 수입·수입허용죄/ 1376
[7] 상습아편흡식·제조·수입·판매죄/ 1376 [8] 아편 등 소지죄/ 1376
제4장 사회의 도덕에 대한 죄
제1절 성풍속에 관한 죄 ···················································································· 1377
[1] 총 설/ 1377 [2] 음행매개죄/ 1377
[3] 음화 등 반포·판매·임대·공연전시죄/ 1379
[4] 음화 등 제조·소지·수입·수출죄/ 1383 [5] 공연음란죄/ 1384
제2절 도박과 복표에 관한 죄 ············································································ 1388
[1] 총 설/ 1388[2] 도박죄/ 1388 [3] 상습도박죄/ 1392
[4] 도박장소 등 개설죄/ 1393 [5] 복표발매·중개·취득죄/ 1395
제3절 신앙에 관한 죄 ······················································································· 1397
[1] 총 설/ 1397 [2] 장례식 등 방해죄/ 1397
[3] 시체 등 오욕죄/ 1399 [4] 분묘발굴죄/ 1400
[5] 시체 등 손괴·유기·은닉·영득죄/ 1402 [6] 변사체검시방해죄/ 1404
제3편 국가적 법익에 대한 죄
제1장 국가의 존립과 권위에 대한 죄
제1절 내란의 죄 ······························································································· 1409
[1] 총 설/ 1409 [2] 내란죄/ 1410 [3] 내란목적살인죄/ 1414
[4] 내란예비·음모·선동·선전죄/ 1415
제2절 외환의 죄 ······························································································· 1417
[1] 총 설/ 1417 [2] 외환유치죄/ 1417 [3] 여적죄/ 1418
[4] 모병이적죄/ 1419 [5] 시설제공이적죄/ 1419
[6] 시설파괴이적죄/ 1419 [7] 물건제공이적죄/ 1419
[8] 일반이적죄/ 1419 [9] 간첩죄/ 1420
[10] 전시군수계약불이행죄/ 1424 [11] 외환예비·음모·선동·선전죄/ 1425
제3절 국기에 관한 죄 ······················································································· 1426
[1] 총 설/ 1426 [2] 국기·국장모독죄/ 1426
[3] 국기·국장비방죄/ 1427
제4절 국교에 관한 죄 ······················································································· 1428
[1] 총 설/ 1428 [2] 외국원수에 대한 폭행 등 죄/ 1429
[3] 외국사절에 대한 폭행 등 죄/ 1429 [4] 외국국기·국장모독죄/ 1430
[5] 외국에 대한 사전죄/ 1430 [6] 중립명령위반죄/ 1431
[7] 외교상기밀누설죄/ 1431
제2장 국가의 기능에 대한 죄
제1절 공무원의 직무에 관한 죄 ········································································· 1433
[1] 총 설/ 1433 [2] 직무유기죄/ 1435 [3] 피의사실공표죄/ 1443
[4] 공무상비밀누설죄/ 1444 [5] 직권남용죄/ 1448
[6] 불법체포·감금죄/ 1455 [7] 폭행·가혹행위죄/ 1456
[8] 선거방해죄/ 1457 [9] 뇌물죄의 일반이론/ 1458
[10] 수뢰죄/ 1474 [11] 사전수뢰죄/ 1482
[12] 제3자뇌물공여죄/ 1483 [13] 수뢰후부정처사죄/ 1488
[14] 부정처사후수뢰죄/ 1489 [15] 사후수뢰죄/ 1490
[16] 알선수뢰죄/ 1490 [17] 증뢰죄/ 1493
제2절 공무방해에 관한 죄 ················································································· 1498
[1] 총 설/ 1498 [2] 공무집행방해죄/ 1498
[3] 직무·사직강요죄/ 1514 [4] 위계에 의한 공무집행방해죄/ 1515
[5] 법정·국회회의장모욕죄/ 1525 [6] 인권옹호직무방해죄/ 1526
[7] 공무상 봉인 등 표시무효죄/ 1528 [8] 공무상비밀침해죄/ 1533
[9] 부동산강제집행효용침해죄/ 1534 [10] 공용서류 등 무효죄/ 1535
[11] 공용물파괴죄/ 1539 [12] 공무상보관물무효죄/ 1540
[13] 특수공무방해죄·특수공무방해치사상죄/ 1541
제3절 도주와 범인은닉의 죄 ·············································································· 1544
[1] 총 설/ 1544 [2] 도주죄/ 1544 [3] 집합명령위반죄/ 1546
[4] 특수도주죄/ 1547 [5] 도주원조죄/ 1548
[6] 간수자도주원조죄/ 1550 [7] 범인은닉죄/ 1550
제4절 위증과 증거인멸의 죄 ·············································································· 1562
[1] 총 설/ 1562 [2] 위증죄/ 1562 [3] 모해위증죄/ 1574
[4] 허위감정·통역·번역죄/ 1574 [5] 증거인멸죄/ 1575
[6] 증인은닉·도피죄/ 1582 [7] 모해증거인멸죄/ 1583
제5절 무고의 죄 ······························································································· 1584
[1] 총 설/ 1584 [2] 무고죄/ 1584
[판례색인] ······································································································ 1599
[사항색인] ······································································································ 1627
댓글목록0