2023 Master 형법각론 기본서: 형사법 2 > 도서

2023 Master 형법각론 기본서: 형사법 2



도서명 : 2023 Master 형법각론 기본서: 형사법 2
저자/출판사 : 신호진,저자,글,, 문형사
쪽수 : 860쪽
출판일 : 2023-02-08
ISBN : 9791166871108
정가 : 39000

[형 법 각 론]

제1편 개인적 법익에 대한 죄
제1장 생명과 신체에 대한 죄
제1절 살인의 죄 ···································································································· 5
[1] 총 설/ 5 [2] 살인죄/ 5 [3] 존속살해죄/ 10
[4] 영아살해죄/ 12 [5] 촉탁·승낙살인죄/ 14 [6] 자살교사·방조죄/ 15
[7] 위계·위력에 의한 살인죄/ 18 [8] 살인예비·음모죄/ 19
제2절 상해와 폭행의 죄 ························································································ 20
[1] 총 설/ 20 [2] 상해죄/ 21 [3] 존속상해죄/ 26
[4] 중상해죄/ 26 [5] 존속중상해죄/ 28 [6] 특수상해죄/ 28
[7] 상해치사죄·존속상해치사죄/ 28 [8] 상해의 동시범특례/ 29
[9] 폭행죄/ 29 [10] 존속폭행죄/ 34 [11] 특수폭행죄/ 35
[12] 폭행치사상죄/ 39 [13] 상습상해·폭행죄/ 40
제3절 과실치사상의 죄 ························································································· 42
[1] 총 설/ 42 [2] 과실치상죄/ 43 [3] 과실치사죄/ 43
[4] 업무상과실·중과실치사상죄/ 44
제4절 낙태의 죄 ·································································································· 55
[1] 총 설/ 55 [2] 자기낙태죄/ 57 [3] 동의낙태죄/ 57
[4] 업무상동의낙태죄/ 57 [5] 부동의낙태죄/ 58 [6] 낙태치사상죄/ 58
제5절 유기와 학대의 죄 ························································································ 59
[1] 총 설/ 59 [2] 유기죄/ 60 [3] 존속유기죄/ 63
[4] 중유기죄·존속중유기죄/ 63 [5] 영아유기죄/ 63
[6] 학대죄/ 64 [7] 존속학대죄/ 65 [8] 아동혹사죄/ 66
[9] 유기치사상죄/ 67
제2장 자유에 대한 죄
제1절 협박의 죄 ·································································································· 68
[1] 총 설/ 68 [2] 협박죄/ 69 [3] 존속협박죄/ 76
[4] 특수협박죄/ 77 [5] 상습협박죄/ 77
제2절 강요의 죄 ·································································································· 78
[1] 총 설/ 78 [2] 강요죄/ 78 [3] 특수강요죄/ 83 [4] 중강요죄/ 83
[5] 인질강요죄/ 84 [6] 인질상해·치상죄/ 85 [7] 인질살해·치사죄/ 86
제3절 체포와 감금의 죄 ························································································ 87
[1] 총 설/ 87 [2] 체포·감금죄/ 87 [3] 존속체포·감금죄/ 93
[4] 중체포·감금죄, 존속중체포·감금죄/ 93 [5] 특수체포·감금죄/ 95
[6] 상습체포·감금죄/ 95 [7] 체포·감금치사상죄/ 95
제4절 약취·유인 및 인신매매의 죄 ········································································· 96
[1] 총 설/ 96 [2] 미성년자 약취·유인죄/ 97
[3] 추행·간음·결혼·영리목적 약취·유인죄/ 103
[4] 노동력 착취·성매매와 성적 착취·장기적출목적 약취·유인죄/ 104
[5] 국외이송목적 약취·유인죄/ 105 [6] 피약취·유인자 국외이송죄/ 105
[7] 인신매매죄/ 106 [8] 추행·간음·결혼·영리목적 인신매매죄/ 107
[9] 노동력 착취·성매매와 성적 착취·장기적출목적 인신매매죄/ 107
[10] 국외이송목적 인신매매죄/ 108 [11] 피매매자 국외이송죄/ 108
[12] 피약취·유인·매매·이송자 상해·치상죄/ 108
[13] 피약취·유인·매매·이송자 살인·치사죄/ 109
[14] 피약취·유인·매매·이송자 수수·은닉죄/ 109
[15] 약취·유인·매매·이송목적 모집·운송·전달죄/ 109
제5절 강간과 추행의 죄 ······················································································ 110
[1] 총 설/ 110 [2] 강간죄/ 114 [3] 유사강간죄/ 119
[4] 강제추행죄/ 121 [5] 준강간죄·준강제추행죄/ 126
[6] 미성년자의제강간·강제추행죄/ 130
[7] 강간상해·치상죄, 강간살인·치사죄/ 132
[8] 미성년자·심신미약자 간음·추행죄/ 136
[9] 피감호자간음죄/ 138 [10] 피구금자간음죄/ 140 [11] 상습범/ 141
제3장 명예와 신용에 대한 죄
제1절 명예에 관한 죄 ························································································· 142
[1] 총 설/ 142 [2] 명예훼손죄/ 143 [3] 사자의 명예훼손죄/ 161
[4] 출판물에 의한 명예훼손죄/ 163 [5] 모욕죄/ 167
제2절 신용·업무와 경매에 관한 죄 ······································································· 173
[1] 총 설/ 173 [2] 신용훼손죄/ 173 [3] 업무방해죄/ 176
[4] 컴퓨터업무방해죄/ 193 [5] 경매·입찰방해죄/ 196
제4장 사생활의 평온에 대한 죄
제1절 비밀침해의 죄 ·························································································· 200
[1] 총 설/ 200 [2] 비밀침해죄/ 201 [3] 업무상비밀누설죄/ 204
제2절 주거침입의 죄 ·························································································· 207
[1] 총 설/ 207 [2] 주거침입죄/ 208 [3] 퇴거불응죄/ 222
[4] 특수주거침입죄/ 224 [5] 주거·신체수색죄/ 224
제5장 재산에 대한 죄
제1절 재산죄의 기본개념 ···················································································· 226
[1] 재산죄의 분류/ 226 [2] 재산죄의 객체/ 227 [3] 형법상의 점유/ 232
[4] 불법영득의사/ 241 [5] 친족상도례/ 249
제2절 절도의 죄 ································································································ 256
[1] 총 설/ 256 [2] 절도죄/ 257 [3] 야간주거침입절도죄/ 266
[4] 특수절도죄/ 268 [5] 자동차 등 불법사용죄/ 273 [6] 상습절도죄/ 275
제3절 강도의 죄 ································································································ 277
[1] 총 설/ 277 [2] 강도죄/ 278 [3] 특수강도죄/ 287
[4] 준강도죄·준특수강도죄/ 288 [5] 인질강도죄/ 294
[6] 강도상해·치상죄/ 296 [7] 강도살인·치사죄/ 300
[8] 강도강간죄/ 302 [9] 해상강도죄, 해상강도상해·치상·살인·치사·강간죄/ 305
[10] 상습강도죄/ 306 [11] 강도예비·음모죄/ 307
제4절 사기의 죄 ································································································ 308
[1] 총 설/ 308 [2] 사기죄/ 309
[3] 컴퓨터 등 사용사기죄/ 351 [4] 신용카드 관련범죄/ 355
[5] 준사기죄/ 363 [6] 편의시설부정이용죄/ 364
[7] 부당이득죄/ 365 [8] 상습사기죄/ 367
제5절 공갈의 죄 ································································································ 369
[1] 총 설/ 369 [2] 공갈죄/ 370
[3] 특수공갈죄/ 378 [4] 상습공갈죄/ 378
제6절 횡령의 죄 ································································································ 379
[1] 총 설/ 379 [2] 횡령죄/ 380
[3] 업무상횡령죄/ 417 [4] 점유이탈물횡령죄/ 418
제7절 배임의 죄 ································································································ 420
[1] 총 설/ 420 [2] 배임죄/ 421 [3] 업무상배임죄/ 457
[4] 배임수재죄/ 457 [5] 배임증재죄/ 466
제8절 장물의 죄 ································································································ 468
[1] 총 설/ 468 [2] 장물죄/ 475
[3] 상습장물죄/ 482 [4] 업무상과실·중과실장물죄/ 482
제9절 손괴의 죄 ································································································ 483
[1] 총 설/ 483 [2] 재물손괴죄/ 484
[3] 공익건조물파괴죄/ 492 [4] 중손괴죄·손괴치사상죄/ 493
[5] 특수손괴죄/ 494 [6] 경계침범죄/ 494
제10절 권리행사를 방해하는 죄 ··········································································· 498
[1] 총 설/ 498 [2] 권리행사방해죄/ 498 [3] 점유강취죄/ 504
[4] 준점유강취죄/ 504 [5] 중권리행사방해죄/ 505
[6] 강제집행면탈죄/ 505

제2편 사회적 법익에 대한 죄
제1장 공공의 안전과 평온에 대한 죄
제1절 공안을 해하는 죄 ······················································································ 517
[1] 총 설/ 517 [2] 범죄단체 등 조직죄/ 517 [3] 소요죄/ 522
[4] 다중불해산죄/ 524 [5] 전시공수계약불이행죄/ 525
[6] 공무원자격사칭죄/ 525
제2절 폭발물에 관한 죄 ····················································································· 527
[1] 총 설/ 527 [2] 폭발물사용죄/ 527 [3] 전시폭발물사용죄/ 529
[4] 폭발물사용 예비·음모·선동죄/ 530
[5] 전시폭발물 제조·수입·수출·수수·소지죄/ 530
제3절 방화와 실화의 죄 ······················································································ 531
[1] 총 설/ 531 [2] 현주건조물 등 방화죄/ 533
[3] 현주건조물 등 방화치사상죄/ 536 [4] 공용건조물 등 방화죄/ 537
[5] 일반건조물 등 방화죄/ 537 [6] 일반물건방화죄/ 538
[7] 연소죄/ 540 [8] 진화방해죄/ 541
[9] 폭발성물건파열죄/ 542 [10] 폭발성물건파열치사상죄/ 542
[11] 가스·전기 등 방류죄/ 542 [12] 가스·전기 등 방류치사상죄/ 542
[13] 가스·전기 등 공급방해죄/ 543 [14] 가스·전기 등 공급방해치사상죄/ 543
[15] 방화 등 예비·음모죄/ 543 [16] 실화죄/ 543
[17] 업무상실화·중실화죄/ 544 [18] 과실폭발성물건파열 등 죄/ 545
제4절 일수와 수리에 관한 죄 ·············································································· 546
[1] 총 설/ 546 [2] 현주건조물 등 일수죄/ 546
[3] 현주건조물일수치사상죄/ 547 [4] 공용건조물 등 일수죄/ 548
[5] 일반건조물 등 일수죄/ 548 [6] 방수방해죄/ 548
[7] 과실일수죄/ 548 [8] 일수예비·음모죄/ 549 [9] 수리방해죄/ 549
제5절 교통방해의 죄 ·························································································· 551
[1] 총 설/ 551 [2] 일반교통방해죄/ 551 [3] 기차·선박 등 교통방해죄/ 555
[4] 기차 등 전복죄/ 556 [5] 교통방해치사상죄/ 557
[6] 과실교통방해죄/ 558 [7] 업무상과실·중과실교통방해죄/ 558
제2장 공공의 신용에 대한 죄
제1절 통화에 관한 죄 ························································································· 560
[1] 총 설/ 560 [2] 내국통화 위조·변조죄/ 560
[3] 내국유통 외국통화 위조·변조죄/ 563
[4] 외국통용 외국통화 위조·변조죄/ 563
[5] 위조·변조통화 행사 등 죄/ 564 [6] 위조·변조통화취득죄/ 566
[7] 위조통화취득후지정행사죄/ 567 [8] 통화유사물제조·수입·수출죄/ 568
[9] 통화위조·변조 예비·음모죄/ 568
제2절 유가증권·인지와 우표에 관한 죄 ································································· 569
[1] 총 설/ 569 [2] 유가증권 위조·변조죄/ 570
[3] 기재의 위조·변조죄/ 576 [4] 자격모용에 의한 유가증권작성죄/ 578
[5] 허위유가증권작성죄/ 579 [6] 위조 등 유가증권 행사·수입·수출죄/ 581
[7] 인지·우표 위조·변조죄/ 583
[8] 위조·변조 인지·우표 행사·수입·수출죄/ 583
[9] 위조·변조 인지·우표 취득죄/ 584 [10] 소인말소죄/ 584
[11] 인지·우표유사물 제조·수입·수출죄/ 584 [12] 예비·음모죄/ 584
제3절 문서에 관한 죄 ························································································· 585
[1] 총 설/ 585 [2] 사문서위조·변조죄/ 595
[3] 자격모용에 의한 사문서작성죄/ 608 [4] 사전자기록 위작·변작죄/ 611
[5] 공문서위조·변조죄/ 613 [6] 자격모용에 의한 공문서작성죄/ 614
[7] 공전자기록 위작·변작죄/ 615 [8] 허위진단서 등 작성죄/ 616
[9] 허위공문서작성죄/ 618 [10] 공정증서원본 등 부실기재죄/ 626
[11] 위조·변조·작성 사문서행사죄/ 637
[12] 위조·변조 등 공문서행사죄/ 639 [13] 사문서부정행사죄/ 640
[14] 공문서부정행사죄/ 641
제4절 인장에 관한 죄 ························································································· 645
[1] 총 설/ 645 [2] 사인 등 위조·부정사용죄/ 647
[3] 위조사인 등 행사죄/ 649 [4] 공인 등 위조·부정사용죄/ 649
[5] 위조공인 등 행사죄/ 651
제3장 공중의 건강에 대한 죄
제1절 먹는 물에 관한 죄 ···················································································· 652
[1] 총 설/ 652 [2] 먹는 물 사용방해죄/ 652
[3] 먹는 물 유해물혼입죄/ 653 [4] 수돗물사용방해죄/ 654
[5] 수돗물유해물혼입죄/ 655 [6] 먹는 물 혼독치사상죄/ 655
[7] 수도불통죄/ 655
제2절 아편에 관한 죄 ························································································· 657
[1] 총 설/ 657 [2] 아편흡식죄/ 658 [3] 아편흡식장소제공죄/ 658
[4] 아편 등 제조·수입·판매·판매목적소지죄/ 658
[5] 아편흡식기 제조·수입·판매·판매목적소지죄/ 659
[6] 세관공무원의 아편 등 수입·수입허용죄/ 659
[7] 상습아편흡식·제조·수입·판매죄/ 659 [8] 아편 등 소지죄/ 659
제4장 사회의 도덕에 대한 죄
제1절 성풍속에 관한 죄 ····················································································· 660
[1] 총 설/ 660 [2] 음행매개죄/ 660
[3] 음화 등 반포·판매·임대·공연전시죄/ 662
[4] 음화 등 제조·소지·수입·수출죄/ 666 [5] 공연음란죄/ 666
제2절 도박과 복표에 관한 죄 ·············································································· 670
[1] 총 설/ 670 [2] 도박죄/ 670 [3] 상습도박죄/ 673
[4] 도박장소 등 개설죄/ 674 [5] 복표발매·중개·취득죄/ 677
제3절 신앙에 관한 죄 ························································································· 679
[1] 총 설/ 679 [2] 장례식 등 방해죄/ 679
[3] 시체 등 오욕죄/ 681 [4] 분묘발굴죄/ 682
[5] 시체 등 손괴·유기·은닉·영득죄/ 684 [6] 변사체검시방해죄/ 686

제3편 국가적 법익에 대한 죄
제1장 국가의 존립과 권위에 대한 죄
제1절 내란의 죄 ································································································ 691
[1] 총 설/ 691 [2] 내란죄/ 691 [3] 내란목적살인죄/ 695
[4] 내란예비·음모·선동·선전죄/ 695
제2절 외환의 죄 ································································································ 698
[1] 총 설/ 698 [2] 외환유치죄/ 698 [3] 여적죄/ 699
[4] 모병이적죄/ 700 [5] 시설제공이적죄/ 700
[6] 시설파괴이적죄/ 700 [7] 물건제공이적죄/ 700
[8] 일반이적죄/ 700 [9] 간첩죄/ 701
[10] 전시군수계약불이행죄/ 705 [11] 외환예비·음모·선동·선전죄/ 705
제3절 국기에 관한 죄 ························································································· 706
[1] 총 설/ 706 [2] 국기·국장모독죄/ 706
[3] 국기·국장비방죄/ 707
제4절 국교에 관한 죄 ························································································· 708
[1] 총 설/ 708 [2] 외국원수에 대한 폭행 등 죄/ 709
[3] 외국사절에 대한 폭행 등 죄/ 709 [4] 외국국기·국장모독죄/ 710
[5] 외국에 대한 사전죄/ 710 [6] 중립명령위반죄/ 711
[7] 외교상기밀누설죄/ 711
제2장 국가의 기능에 대한 죄
제1절 공무원의 직무에 관한 죄 ··········································································· 713
[1] 총 설/ 713 [2] 직무유기죄/ 714 [3] 피의사실공표죄/ 721
[4] 공무상비밀누설죄/ 723 [5] 직권남용죄/ 726
[6] 불법체포·감금죄/ 733 [7] 폭행·가혹행위죄/ 735
[8] 선거방해죄/ 735 [9] 뇌물죄의 일반이론/ 736
[10] 수뢰죄/ 750 [11] 사전수뢰죄/ 757
[12] 제3자뇌물공여죄/ 758 [13] 수뢰후부정처사죄/ 762
[14] 부정처사후수뢰죄/ 763 [15] 사후수뢰죄/ 764
[16] 알선수뢰죄/ 765 [17] 증뢰죄/ 768
제2절 공무방해에 관한 죄 ··················································································· 772
[1] 총 설/ 772 [2] 공무집행방해죄/ 772
[3] 직무·사직강요죄/ 787 [4] 위계에 의한 공무집행방해죄/ 788
[5] 법정·국회회의장모욕죄/ 797 [6] 인권옹호직무방해죄/ 798
[7] 공무상 봉인 등 표시무효죄/ 800 [8] 공무상비밀침해죄/ 805
[9] 부동산강제집행효용침해죄/ 805 [10] 공용서류 등 무효죄/ 807
[11] 공용물파괴죄/ 811 [12] 공무상보관물무효죄/ 811
[13] 특수공무방해죄·특수공무방해치사상죄/ 812
제3절 도주와 범인은닉의 죄 ················································································ 815
[1] 총 설/ 815 [2] 도주죄/ 816 [3] 집합명령위반죄/ 817
[4] 특수도주죄/ 818 [5] 도주원조죄/ 820
[6] 간수자도주원조죄/ 821 [7] 범인은닉죄/ 821
제4절 위증과 증거인멸의 죄 ················································································ 830
[1] 총 설/ 830 [2] 위증죄/ 831 [3] 모해위증죄/ 840
[4] 허위감정·통역·번역죄/ 840 [5] 증거인멸죄/ 841
[6] 증인은닉·도피죄/ 846 [7] 모해증거인멸죄/ 847
제5절 무고의 죄 ································································································ 848
[1] 총 설/ 848 [2] 무고죄/ 848

[판례색인] ········································································································ 861