▶ 제1편 서 론 ◀

제1장 형법의 기본개념 2

제1절 형법의 의의 ··············································································································· 2
Ⅰ. 개 념/2
Ⅱ. 형식적 의미의 형법과 실질적 의미의 형법/2

제2절 형법의 지위와 성격 ··································································································· 3
Ⅰ. 형법의 법체계적 지위/3
Ⅱ. 형법의 규범적 성격/3

제3절 형법의 기능 ··············································································································· 4
Ⅰ. 규제적 기능/4
Ⅱ. 보호적 기능/4
Ⅲ. 보장적 기능/4

제2장 형법의 발전 6

제1절 형법의 역사 ·············································································································· 6

제2절 형법의 학파 ·············································································································· 6
Ⅰ. 고전학파(구파)/6
Ⅱ. 근대학파(신파)/6
Ⅲ. 형법학파의 비교/7

제3절 범죄이론 ···················································································································· 7
Ⅰ. 객관주의/7
Ⅱ. 주관주의/7
Ⅲ. 양자의 비교/7

제4절 형벌이론 ···················································································································· 8
Ⅰ. 응보형주의/8
Ⅱ. 목적형주의/9
Ⅲ. 결합설/9

제3장 죄형법정주의 10

제1절 죄형법정주의의 의의 ·································································································· 10
Ⅰ. 의 의/10
Ⅱ. 기 능/10
Ⅲ. 법적 근거/10

제2절 죄형법정주의의 내용 ··································································································· 10
Ⅰ. 성문법률주의(법률주의)/10
Ⅱ. 명확성의 원칙/15
Ⅲ. 소급효금지의 원칙/21
Ⅳ. 유추해석의 금지의 원칙/30
Ⅴ. 적정성의 원칙/55

제4장 형법의 적용범위 60

제1절 시간의 적용범위 ········································································································ 60
Ⅰ. 행위시법주의(원칙)/60
Ⅱ. 재판시법주의(예외)/62
Ⅲ. 한시법/70

제2절 장소적 적용범위········································································································· 70
Ⅰ. 개 설/70
Ⅱ. 속지주의/70
Ⅲ. 속인주의/71
Ⅳ. 기국주의/72
Ⅴ. 보호주의/73
Ⅵ. 세계주의/75
Ⅶ. 외국에서 받은 형의 집행/75

제3절 인적 적용범위 ········································································································· 76
Ⅰ. 원 칙/76
Ⅱ. 예 외/76

▶ 제2편 범죄론 ◀

제1장 범죄론의 기초 79

제1절 범죄의 의의와 종류 ·································································································· 80
Ⅰ. 범죄의 의의/80

Ⅱ. 범죄의 성립요건·처벌조건·소추조건/80
Ⅲ. 범죄의 종류/86

제2절 행위론 ······················································································································· 92
Ⅰ. 행위론의 의의/92
Ⅱ. 행위의 기능/93
Ⅲ. 행위론의 종류/93

제3절 범죄체계론 ················································································································ 94
Ⅰ. 범죄체계론의 의의/94
Ⅱ. 범죄체계론의 분류/94


제4절 행위의 주체와 객체 ·································································································· 95
Ⅰ. 행위의 주체/95
Ⅱ. 행위의 객체와 보호의 객체/103


제2장 구성요건론 104

제1절 구성요건의 일반이론 ······························································································· 104
Ⅰ. 구성요건의 의의/104
Ⅱ. 구성요건이론의 발전/104
Ⅲ. 구성요건과 위법성의 관계/104
Ⅳ. 구성요건의 유형/105
Ⅴ. 구성요건의 요소/106


제2절 결과반가치와 행위반가치 ························································································ 107
Ⅰ. 결과반가치와 행위반가치/107
Ⅱ. 결과반가치론과 행위반가치론/107
Ⅲ. 불법의 내용/107

제3절 부작위범 ·················································································································· 108
Ⅰ. 개 설/108
Ⅱ. 부작위범의 의의 및 종류/109
Ⅲ. 부작위범의 (일반적) 성립요건/112
Ⅳ. 부진정부작위범의 특유한 요건/113
Ⅴ. 부진정부작위범의 구성요건/113
Ⅵ. 관련문제/117


제4절 인과관계와 객관적 귀속 ·························································································· 119
Ⅰ. 인과관계의 의의/119
Ⅱ. 인과관계의 유형/120
Ⅲ. 인과관계에 대한 학설/120
Ⅳ. 객관적 귀속이론/126
Ⅴ. 제17조의 해석/130

제5절 구성요건적 고의 ······································································································ 131
Ⅰ. 고의의 의의/131
Ⅱ. 고의의 체계적 지위/132
Ⅲ. 고의의 내용/132
Ⅳ. 고의의 종류/133

제6절 구성요건적 착오 ······································································································ 141
Ⅰ. 개 설/141
Ⅱ. 구성요건적 착오의 유형/142
Ⅲ. 구성요건적 착오에 대한 학설과 판례/143
Ⅳ. 가감적 구성요건에 대한 착오/145
Ⅴ. 인과관계의 착오와 개괄적 고의/145

제7절 과실범 ····················································································································· 147
Ⅰ. 서 설/147
Ⅱ. 과실범의 성립요건/153
Ⅲ. 객관적 주의의무의 제한원리/157
Ⅳ. 관련문제/169

제8절 결과적 가중범 ········································································································· 170
Ⅰ. 결과적 가중범의 의의/170
Ⅱ. 결과적 가중범의 종류/171
Ⅲ. 결과적 가중범의 성립요건/172
Ⅳ. 관련문제/175


제3장 위법성론 178

제1절 위법성의 일반이론 ·································································································· 178
Ⅰ. 위법성의 의의/178
Ⅱ. 위법성의 본질/178
Ⅲ. 위법성의 평가방법/179
Ⅳ. 위법성조각사유/179

제2절 정당방위 ·················································································································· 181
Ⅰ. 정당방위의 의의/181
Ⅱ. 정당방위의 성립요건/181
Ⅲ. 정당방위의 효과/188
Ⅳ. 과잉방위와 오상방위/188

제3절 긴급피난 ·················································································································· 190
Ⅰ. 긴급피난의 의의/190
Ⅱ. 긴급피난의 성립요건/191
Ⅲ. 긴급피난의 효과/194
Ⅳ. 과잉피난와 오상피난/194
Ⅴ. 의무의 충돌/194

제4절 자구행위 ·················································································································· 195
Ⅰ. 자구행위의 의의/195
Ⅱ. 자구행위의 성립요건/196
Ⅲ. 자구행위의 효과/198
Ⅳ. 과잉자구행위와 오상자구행위/198

제5절 피해자의 승낙 ·········································································································· 199
Ⅰ. 형법상 피해자의 동의/199
Ⅱ. 양 해/200
Ⅲ. 피해자의 승낙/200
Ⅳ. 추정적 승낙/202

제6절 정당행위 ·················································································································· 203
Ⅰ. 의 의/203
Ⅱ. 법령에 의한 행위/204
Ⅲ. 업무로 인한 행위/213
Ⅳ. 사회상규에 반하지 않는 행위/215

제4장 책임론 230

제1절 책임의 일반이론 ······································································································ 230
Ⅰ. 책임의 의의/230
Ⅱ. 책임의 근거/230
Ⅲ. 책임의 본질/231


제2절 책임능력 ················································································································ 232
Ⅰ. 책임능력의 의의/232
Ⅱ. 책임무능력자/232
Ⅲ. 한정책임능력자/239
Ⅳ. 원인에 있어 자유로운 행위/240

제3절 위법성의 인식과 금지착오 ······················································································· 242
Ⅰ. 위법성의 인식/242
Ⅱ. 금지착오/244
Ⅲ. 위법성조각사유의 전제사실에 대한 착오/256


제4절 기대가능성 ················································································································ 260
Ⅰ. 기대가능성이론/260
Ⅱ. 강요된 행위/263
Ⅲ. 초법규적 책임조각사유/265


제5장 미수론 267

제1절 미수범의 일반이론 ··································································································· 267
Ⅰ. 범죄실현의 단계/267
Ⅱ. 미수범의 처벌근거/267

제2절 장애미수 ··················································································································· 268
Ⅰ. 의 의/268
Ⅱ. 장애미수의 성립요건/269
Ⅲ. 장애미수의 처벌/270
Ⅳ. 범죄유형별 실행의 착수/270
Ⅴ. 실행의 착수 관련 판례/270

제3절 중지미수 ··················································································································· 278
Ⅰ. 의 의/278
Ⅱ. 중지미수의 성립요건/279
Ⅲ. 중지미수의 처벌/280
Ⅳ. 관련문제/280

제4절 불능미수 ··················································································································· 283
Ⅰ. 의 의/283
Ⅱ. 불능미수의 성립요건/283
Ⅲ. 불능미수의 처벌/285
Ⅳ. 환각범/285

제5절 예비죄 ······················································································································ 288
Ⅰ. 개 설/288
Ⅱ. 예비죄의 법적성격/289
Ⅲ. 예비죄의 성립요건/290
Ⅳ. 관련문제/292

제6장 정범 및 공범론 294

제1절 정범 및 공범의 일반이론 ························································································· 294
Ⅰ. 개 설/294
Ⅱ. 임의적 공범과 필요적 공범/294
Ⅲ. 정범과 공범의 구별/299
Ⅳ. 공범의 종속성/301

제2절 간접정범 ·················································································································· 303
Ⅰ. 개 설/303
Ⅱ. 간접정범의 성립요건/304
Ⅲ. 간접정범의 처벌/305
Ⅳ. 관련문제/305

제3절 공동정범 ··················································································································· 310
Ⅰ. 의 의/310
Ⅱ. 공동정범의 성립요건/311
Ⅲ. 공동정범의 처벌/326
Ⅳ. 공동정범과 착오/326
Ⅴ. 동시범/327
Ⅵ. 합동범/330

제4절 교사범 ······················································································································ 332
Ⅰ. 의 의/332
Ⅱ. 교사범의 성립요건/332
Ⅲ. 교사범의 처벌/336
Ⅳ. 교사의 착오/336
Ⅴ. 관련문제/338

제5절 종 범 ························································································································ 339
Ⅰ. 의 의/339
Ⅱ. 종범의 성립요건/339
Ⅲ. 종범의 처벌/346
Ⅳ. 방조의 착오/347
Ⅴ. 관련문제/348

제6절 공범과 신분 ·············································································································· 349
Ⅰ. 개 설/349
Ⅱ. 제33조 해석론/350
Ⅲ. 소극적 신분과 공범/354

제7장 죄수론 356

제1절 죄수의 일반이론 ······································································································· 356
Ⅰ. 죄수론의 의의/356
Ⅱ. 죄수결정의 기준/356
Ⅲ. 수죄의 처벌/356

제2절 일 죄 ························································································································ 357
Ⅰ. 개 설/357
Ⅱ. 법조경합/357
Ⅲ. 포괄일죄/362

제3절 수 죄 ························································································································· 374
Ⅰ. 상상적 경합/374
Ⅱ. 실체적 경합/380

▶ 제3편 형벌론 ◀

제1절 형벌의 종류 ·············································································································· 396
Ⅰ. 형벌의 의의/396
Ⅱ. 형벌의 종류/396
Ⅲ. 사 형/396
Ⅳ. 자유형/397
Ⅴ. 명예형/397
Ⅵ. 재산형/398
Ⅶ. 형의 경중/411

제2절 형의 양정 ················································································································· 411
Ⅰ. 의 의/411
Ⅱ. 형의 가중·감경·면제/412
Ⅲ. 양 형/419
Ⅳ. 미결구금 및 판결의 공시/420
Ⅴ. 판결의 공시/421

제3절 누 범 ························································································································ 422
Ⅰ. 의 의/422
Ⅱ. 누범가중의 요건/422
Ⅲ. 누범의 효과/423
Ⅳ. 특가법상 누범 등 가중처벌/425

제4절 선고유예·집행유예·가석방 ···················································································· 428
Ⅰ. 선고유예/428
Ⅱ. 집행유예/431
Ⅲ. 가석방/438

제5절 형의 시효·소멸·기간 ····························································································· 441
Ⅰ. 형의 시효/441
Ⅱ. 형의 소멸·실효/442
Ⅲ. 복권과 사면/442
Ⅳ. 형의 기간/443

제6절 보안처분 ··················································································································· 444
Ⅰ. 의 의/444
Ⅱ. 형벌과 보안처분의 관계/444
Ⅲ. 현행법상 보안처분/444


판례색인 ····························································································································· 446

형/법/각/론

▶제1편 개인적 법익에 대한 죄 ◀

제1장 생명과 신체에 대한 죄 2

제1절 살인의 죄 ··············································································································· 2
Ⅰ. 개 설/2
Ⅱ. 살인죄/3
Ⅲ. 존속살해죄/5
Ⅳ. 영아살해죄(2023.8.8.삭제)/6
Ⅴ. 촉탁·승낙살인죄/6
Ⅵ. 자살교사·방조죄/7
Ⅶ. 위계·위력에 의한 살인죄/8
Ⅷ. 살인예비·음모죄/8

제2절 상해와 폭행의 죄 ·································································································· 8
Ⅰ. 개 설/10
Ⅱ. 상해죄/10
Ⅲ. 존속상해죄/14
Ⅳ. 중상해죄/15
Ⅴ. 존속중상해죄/15
Ⅵ. 특수상해죄/16
Ⅶ. 상해치사죄·존속상해치사죄/16
Ⅷ. 상해죄의 동시범특례/16
Ⅸ. 폭행죄/16
Ⅹ. 존속폭행죄/18
XI. 특수폭행죄/18
XII. 폭행치사상죄/23
XIII. 상습상해·폭행죄/24

제3절 과실치사상의 죄 ·································································································· 24
Ⅰ. 개 설/25
Ⅱ. 과실치상죄/25
Ⅲ. 과실치사죄/25
Ⅳ. 업무상과실·증과실치사상죄/25

제4절 낙태의 죄 ············································································································· 34
Ⅰ. 개 설/34
Ⅱ. 자기낙태죄/34
Ⅲ. 동의낙태죄/35
Ⅳ. 업무상동의낙태죄/37
Ⅴ. 부동의낙태죄/36
Ⅵ. 낙태치사상죄/37

제5절 유기와 학대의 죄 ································································································· 37
Ⅰ. 개 설/38
Ⅱ. 유기죄/38
Ⅲ. 존속유기죄/40
Ⅳ. 중유기죄·존속중유기죄/40
Ⅴ. 영아유기죄(2023.8.8.삭제)/40
Ⅵ. 학대죄/41
Ⅶ. 존속학대죄/42
Ⅷ. 아동혹사죄/43
Ⅸ. 유기치사상죄/43

제2장 자유에 대한 죄 44

제1절 협박의 죄 ············································································································· 44
Ⅰ. 개 설/44
Ⅱ. 협박죄/44
Ⅲ. 존속협박죄/50
Ⅳ. 특수협박죄/50
Ⅴ. 상습협박죄/50

제2절 강요의 죄 ··············································································································· 50
Ⅰ. 개 설/51
Ⅱ. 강요죄/51
Ⅲ. 특수강요죄/54
Ⅳ. 중강요죄/54
Ⅴ. 인질강요죄/55
Ⅵ. 인질상해·치상죄/55
Ⅶ. 인질살해·치사죄/56

제3절 체포와 감금의 죄 ··································································································· 56
Ⅰ. 개 설/57
Ⅱ. 체포·감금죄/57
Ⅲ. 존속체포·감금죄/60
Ⅳ. 중체포·감금죄, 존속체포·감금죄/61
Ⅴ. 특수체포·감금죄/61
Ⅵ. 상습체포·감금죄/61
Ⅶ. 체포·감금치사상죄/61

제4절 약취·유인 및 인신매매의 죄 ················································································· 62
Ⅰ. 개 설/63
Ⅱ. 미성년자 약취·유인죄/64
Ⅲ. 추행·간음·결혼·영리목적약취·유인죄/67
Ⅳ. 노동력 착취·성매매와 성적착취·장기적출
목적 약취·유인죄/68
Ⅴ. 국외이송목적 약취·유인죄/68
Ⅵ. 피약취·유인자 국외이송죄/68
Ⅶ. 인신매매죄/69
Ⅷ. 추행·간음·결혼·영리목적 인신매매죄/69
Ⅸ. 노동력 착취·성매매와 성적착취·장기적출
목적 인신매매죄/69
Ⅹ. 국외이송목적 인신매매죄/70
XI. 피매매자 국외이송죄/70
XII. 피약취·유인·매매·이송자 상해·치상죄/70
XIII. 피약취·유인·매매·이송자 살인·치사죄/70
XIV. 피약취·유인·매매·이송자 수수·은닉죄/70
XV. 약취·유인·매매·이송목적 모집·운송·전달죄/71

제5절 강간과 추행의 죄 ··································································································· 71
Ⅰ. 개 설/72
Ⅱ. 강간죄/72
Ⅲ. 유사강간죄/76
Ⅳ. 강제추행죄/77
Ⅴ. 준강간죄·준강제추행죄/82
Ⅵ. 미성년자의제강간·강제추행죄/85
Ⅶ. 강간상해·치상죄, 강간살인·치사죄/86
Ⅷ. 미성년자·심신미약자 간음·추행죄/88
Ⅸ. 피감호자간음죄/90
Ⅹ. 피구금자간음죄/91
XI. 상습범/91
XII. 성범죄에 대한 특별형법/91

▶ 제2편 사회적 법익에 대한 죄 ◀

제1장 공공의 안전과 평온에 대한 죄 447

제1절 공안을 해하는 죄 ···································································································· 448
Ⅰ. 개 설 /449
Ⅱ. 범죄단체 등 조직죄/449
Ⅲ. 소요죄 /454
Ⅳ. 다중불해산죄/455
Ⅴ. 전시공수계약불이행죄/455
Ⅵ. 공무원자격사칭죄/456

제2절 폭발물에 관한 죄 ··································································································· 456
Ⅰ. 개 설/457
Ⅱ. 폭발물사용죄/457
Ⅲ. 전시폭발물사용죄/458
Ⅳ. 폭발물사용 예비·음모·선동죄/458
Ⅴ. 전시폭발물 제조·수입·수출·수수·소지죄/458

제3절 방화와 실화의 죄 ·································································································· 458
Ⅰ. 개 설/460
Ⅱ. 현주건조물 등 방화죄/460
Ⅲ. 현주건조물 등 방화치사상죄/463
Ⅳ. 공용건조물 등 방화죄/464
Ⅴ. 일반건조물 등 방화죄/464
Ⅵ. 일반물건방화죄/465
Ⅶ. 연소죄 /466
Ⅷ. 진화방해죄/466
Ⅸ. 폭발성물건파열죄/466
Ⅹ. 폭발성물건파열치사상죄/467
XI. 가스·전기 등 방류죄/467
XII. 가스·전기 등 방류치사상죄/467
XIII. 가스·전기 등 공급방해죄/467
XIV. 가스·전기 등 공급방해치사상죄/467
XV. 방화 등 예비·음모죄/467
XVI. 실화죄 /467
XVII. 업무상실화·중실화죄/468
XVIII. 과실폭발성물건파열 등 죄/469

제4절 일수와 수리에 관한 죄 ·························································································· 469
Ⅰ. 개 설/470
Ⅱ. 현주건조물 등 일수죄/471
Ⅲ. 현주건조물일수치사상죄/471
Ⅳ. 공용건조물 등 일수죄/471
Ⅴ. 일반건조물 등 일수죄/471
Ⅵ. 방수방해죄/471
Ⅶ. 과실일수죄/471
Ⅷ. 일수예비·음모죄/472
Ⅸ. 수리방해죄/472

제5절 교통방해의 죄 ······································································································· 472
Ⅰ. 개 설/473
Ⅱ. 일반교통방해죄/473
Ⅲ. 기차·선박 등 교통방해죄/478
Ⅳ. 기차 등 전복죄/478
Ⅴ. 교통방해치사상죄 /478
Ⅵ. 과실교통방해죄/478
Ⅶ. 업무상과실·중과실교통방해죄/479

제2장 공공의 신용에 대한 죄 481

제1절 통화에 관한 죄 ······································································································ 481
Ⅰ. 개 설/482
Ⅱ. 내국통화 위조·변조죄/482
Ⅲ. 내국유통 외국통화 위조·변조죄/484
Ⅳ. 외국통용 외국통화 위조·변조죄/484
Ⅴ. 위조·변조통화 행사 등 죄/484
Ⅵ. 위조·변조통화 취득죄/486
Ⅶ. 위조통화취득후 지정행사죄/486
Ⅷ. 통화유사물제조·수입·수출죄/487
Ⅸ. 통화위조·변조 예비·음모죄/487

제2절 유가증권·인지와 우표에 관한 죄 ········································································· 488
Ⅰ. 개 설/489
Ⅱ. 유가증권 위조·변조죄/489
Ⅲ. 기재의 위조·변조죄/494
Ⅳ. 자격모용에 의한 유가증권작성죄/495
Ⅴ. 허위유가증권작성죄/496
Ⅵ. 위조 등 유가증권 행사·수입·수출죄/497
Ⅶ. 인지·우표 위조·변조죄/499
Ⅷ. 위조·변조 인지·우표 행사·수입·수출죄/499
Ⅸ. 위조·변조 인지·우표 취득죄/499
XII. 소인말소죄/500
XIII. 인지·우표유사물 제조·수입·수출죄/500
XIV. 예비·음모죄/500

제3절 문서에 관한 죄 ······································································································ 500
Ⅰ. 개 설/502
Ⅱ. 사문서위조·변조죄/510
Ⅲ. 자격모용에 의한 사문서작성죄/523
Ⅳ. 사전자기록 위작·변작죄/526
Ⅴ. 공문서위조·변조죄/529
Ⅵ. 자격모용에 의한 공문서작성죄/531
Ⅶ. 공전자기록 위작·변작죄/532
Ⅷ. 허위진단서 등 작성죄/534
Ⅸ. 허위공문서작성죄 /536
Ⅹ. 공정증서원본 등 부실기재죄/544
XI. 위조·변조·작성 사문서행사죄/555
XII. 위조·변조 등 공문서행사죄/557
XIII. 사문서부정행사죄/558
XIV. 공문서부정행사죄 /559

제4절 인장에 관한 죄 ······································································································ 562
Ⅰ. 개 설/563
Ⅱ. 사인 등 위조·부정사용죄/563
Ⅲ. 위조사인 등 행사죄/566
Ⅳ. 공인 등 위조·부정사용죄/566
Ⅴ. 위조공인 등 행사죄/568

제3장 공중의 건강에 대한 죄 569

제1절 음용수에 관한 죄 ·································································································· 569
Ⅰ. 개 설/569
Ⅱ. 음용수사용방해죄/569
Ⅲ. 음용수유해물혼입죄/569
Ⅳ. 수도음용수사용방해죄/569
Ⅴ. 수도음용수유해물혼입죄/569
Ⅵ. 음용수혼독치사상죄/569
Ⅶ. 수도불통죄/570

제2절 아편에 관한 죄 ····································································································· 570
Ⅰ. 개 설/571
Ⅱ. 아편흡식죄/571
Ⅲ. 아편흡식장소제공죄/571
Ⅳ. 아편 등 제조·수입·판매·판매목적 소지죄/571
Ⅴ. 아편흡식기 제조·수입·판매·판매목적 소지죄 /571
Ⅵ. 세관공무원의 아편 등 수입·수입허용죄 /572
Ⅶ. 상습아편흡식·제조·수입·판매죄/572
Ⅷ. 아편 등 소지죄/572

제4장 사회의 도덕에 대한 죄 573

제1절 성풍속에 관한 죄 ································································································· 573
Ⅰ. 개 설/573
Ⅱ. 음행매개죄/573
Ⅲ. 음화 등 반포·판매·임대·공연전시죄/574
Ⅳ. 음화 등 제조·소지·수입·수출죄/577
Ⅴ. 공연음란죄/578
Ⅵ. 기타 특별형법/580

제2절 도박과 복표에 관한 죄 ························································································ 580
Ⅰ. 개 설/580
Ⅱ. 도박죄 /581
Ⅲ. 상습도박죄/583
Ⅳ. 도박장소 등 개설죄/583
Ⅴ. 복표발매·중개·취득죄/584

제3절 신앙에 관한 죄 ···································································································· 585
Ⅰ. 개 설/586
Ⅱ. 장례식 등 방해죄 /586
Ⅲ. 사체 등 오욕죄/587
Ⅳ. 분묘발굴죄/587
Ⅴ. 사체 등 손괴·유기·은닉·영득죄/587
Ⅵ. 변사체검시방해죄 /588


▶ 제3편 국가적 법익에 대한 죄 ◀

제1장 국가의 존립과 권위에 대한 죄 589

제1절 내란의 죄 ·············································································································· 590
Ⅰ. 개 설/590
Ⅱ. 내란죄/591
Ⅲ. 내란목적살인죄/592
Ⅳ. 내란예비·음모·선동·선전죄/593

제2절 외환의 죄 ·············································································································· 594
Ⅰ. 개 설/596
Ⅱ. 외환유치죄/596
Ⅲ. 여적죄 /596
Ⅳ. 모병이적죄/596
Ⅴ. 시설제공이적죄/596
Ⅵ. 시설파괴이적죄/596
Ⅶ. 물건제공이적죄/596
Ⅷ. 일반이적죄/597
Ⅸ. 간첩죄 /597
Ⅹ. 전시군수계약불이행죄/600
XI. 외환예비·음모·선동·선전죄/600

제3절 국기에 관한 죄 ······································································································ 600
Ⅰ. 개 설/600
Ⅱ. 국기·국장모독죄/601
Ⅲ. 국기·국장비방죄/601

제4절 국교에 관한 죄 ······································································································ 601
Ⅰ. 개 설/602
Ⅱ. 외국원수에 대한 폭행 등 죄/602
Ⅲ. 외국사절에 대한 폭행 등 죄/602
Ⅳ. 외국국기·국장모독죄/603
Ⅴ. 외국에 대한 사전(私戰)죄/603
Ⅵ. 중립명령위반죄/603
Ⅶ. 외교상기밀누설죄 /603

제2장 국가의 기능에 대한 죄 604

제1절 공무원의 직무에 관한 죄 ······················································································· 604
Ⅰ. 개 설/605
Ⅱ. 직무유기죄/606
Ⅲ. 피의사실공표죄/612
Ⅳ. 공무상비밀누설죄/613
Ⅴ. 직권남용죄/616
Ⅵ. 불법체포·감금죄/624
Ⅶ. 폭행·가혹행위죄/624
Ⅷ. 선거방해죄/625
Ⅸ. 뇌물죄의 일반이론/625
Ⅹ. 수뢰죄(뇌물수수죄)/638
XI. 사전수뢰죄/646
XII. 제3자뇌물공여죄/647
XIII. 수뢰후부정처사죄/649
XIV. 부정처사후수뢰죄/651
XV. 사후수뢰죄/651
XVI. 알선수뢰죄/652
XVII. 증뢰죄/655

제2절 공무방해에 관한 죄 ································································································ 657
Ⅰ. 개 설/657
Ⅱ. 공무집행방해죄/659
Ⅲ. 직무·사직강요죄/671
Ⅳ. 위계에 의한 공무집행방해죄/671
Ⅴ. 법정·국회의장모욕죄/683
Ⅵ. 인권옹호직무방해죄/683
Ⅶ. 공무상비밀표시무효죄/683
Ⅷ. 공무상비밀침해죄 /687
Ⅸ. 부동산강제집행효용침해죄/687
Ⅹ. 공용서류 등 무효죄/687
XI. 공용물파괴죄/690
XII. 공무상보관물무효죄/691
XIII. 특수공무방해죄·특수공무방해치사상죄/691

제3절 도주와 범인은닉의 죄 ····························································································· 692
Ⅰ. 개 설/693
Ⅱ. 도주죄/693
Ⅲ. 집합명령위반죄/694
Ⅳ. 특수도주죄/694
Ⅴ. 도주원조죄/694
Ⅵ. 간수자도주원조죄/695
Ⅶ. 범인은닉죄/695

제4절 위증과 증거인멸의 죄 ····························································································· 704
Ⅰ. 개 설/704
Ⅱ. 위증죄 /704
Ⅲ. 모해위증죄/712
Ⅳ. 허위감정·통역·번역죄/714
Ⅴ. 증거인멸죄/714
Ⅵ. 증인은닉·도피죄/718
Ⅶ. 모해증거인멸죄/718

제5절 무고의 죄 ················································································································ 719
Ⅰ. 개 설/719
Ⅱ. 무고죄/719

판례색인 ····························································································································· 733

형/사/소/송/법-수사,증거

▶ 제1편 수 사 ◀

제1장 수사 일반

제1절 수사의 의의와 구조 ····································································································· 2
Ⅰ. 수사의 의의/2
Ⅱ. 수사의 구조/3
Ⅲ. 수사의 조건/4

제2절 수사의 주체와 대상 ··································································································· 11
Ⅰ. 수사기관/11
Ⅱ. 피의자/25

제2장 수사의 개시

제1절 수사의 단서 ················································································································ 35
Ⅰ. 의의/35
Ⅱ. 유형/35
Ⅲ. 수사의 개시시점/35

제2절 불심검문 ····················································································································· 36
Ⅰ. 의의/36
Ⅱ. 대상/37
Ⅲ. 방법/37

제3절 고소 ··························································································································· 40
Ⅰ. 개관/40
Ⅱ. 고소의 절차/49
Ⅲ. 고소불가분의 원칙/55
Ⅳ. 고소의 취소/59
Ⅴ. 고소의 포기/64
Ⅵ. 고소의 제한/65

제4절 고발 ··························································································································· 65
Ⅰ. 의의/65
Ⅱ. 절차 및 형식/66
Ⅲ. 즉시고발범죄/67
Ⅳ. 고소·고발의 비교/68

제5절 자수 ··························································································································· 69
Ⅰ. 의의/69
Ⅱ. 구별/69
Ⅲ. 절차/69

제5절 변시자 검시 ··············································································································· 71
Ⅰ. 의의/71

제3장 수사의 방법

제1절 수사의 기본원칙 ········································································································· 73
Ⅰ. 임의수사의 원칙/73
Ⅱ. 강제수사에 대한 규제/74
Ⅲ. 임의수사와 강제수사의 구별/75
Ⅳ. 임의수사의 한계/76

제2절 임의수사 ······················································································································· 81
Ⅰ. 피의자의 신문/81
Ⅱ. 참고인 조사/89
Ⅲ. 감정·통역·번역의 위촉/91
Ⅳ. 사실조회/92

제3절 대인적 강제수사 ··········································································································· 92
Ⅰ. 강제처분/92
Ⅱ. 영장에 의한 체포/93
Ⅲ. 긴급체포/100
Ⅳ. 현행범 체포/106
Ⅴ. 구속/114
Ⅵ. 체포·구속적부심/132
Ⅶ. 보석/139
Ⅷ. 구속의 집행정지/146
Ⅸ. 구속의 실효/149
Ⅹ. 수사상 감정유치/153
?. 피의자·피고인의 접견교통권/154

제4절 대물적 강제수사 ········································································································· 165
Ⅰ. 대물적 강제처분/165
Ⅱ. 압수·수색/165
Ⅲ. 수사상 검증/224
Ⅳ. 수사상 감정/228
Ⅴ. 통신제한조치/229

제5절 수사상 증거보전 ········································································································· 244
Ⅰ. 증거보전/244
Ⅱ. 수사상 증인신문/247

제4장 수사의 종결

제1절 검사의 수사종결 ········································································································· 250
Ⅰ. 의의/250
Ⅱ. 검사의 종결처분/250
Ⅲ. 검사의 처분통지/253

제2절 불기소처분에 대한 불복 ····························································································· 254
Ⅰ. 검찰항고/254
Ⅱ. 재정신청/256
Ⅲ. 헌법소원/264

제3절 경찰의 수사종결 및 통지 ··························································································· 268
Ⅰ. 사법경찰관의 수사종결/268
Ⅱ. 사법경찰관의 처분통지/273

제4절 공소제기 후의 수사 ···································································································· 274
Ⅰ. 의의/274
Ⅱ. 공소제기 후의 강제수사/274
Ⅲ. 공소제기 후의 임의 수사/275

▶ 제2편 증 거 ◀

제1장 증거법 총론

제1절 증거 일반 ··················································································································· 278
Ⅰ. 개관/278
Ⅱ. 증거의 종류/278
Ⅲ. 증거능력과 증명력/283

제2절 증명의 기본원칙 ········································································································· 284
Ⅰ. 증거재판주의/284
Ⅱ. 거증책임/302
Ⅲ. 자유심증주의/311

제2장 증거법 각론

제1절 자백배제법칙 ·············································································································· 326
Ⅰ. 자백/326
Ⅱ. 자백배제법칙의 의의/327
Ⅲ. 자백배제법칙의 적용범위/328
Ⅳ. 인과관계의 요부 및 임의성의 입증/333
Ⅴ. 자백배제법칙의 효과/336

제2절 위법수집증거배제법칙 ································································································ 336
Ⅰ. 개관/336
Ⅱ. 위법수집증거배제법칙의 적용범위/337
Ⅲ. 독수과실이론 및 예외이론/346
Ⅳ. 효과/350
Ⅴ. 관련문제/337

제3절 전문법칙 ····················································································································· 353
Ⅰ. 전문증거/353
Ⅱ. 전문법칙/355
Ⅲ. 전문법칙의 예외/357
Ⅳ. 형사소송법 규정/360
Ⅴ. 전문법칙의 관련문제/413

제4절 증거동의와 증거능력 ·································································································· 428
Ⅰ. 의의/428
Ⅱ. 증거동의의 본질/429
Ⅲ. 증거동의와 전문법칙/429
Ⅳ. 증거동의의 주체와 상대방/429
Ⅴ. 증거동의의 대상/431
Ⅵ. 증거동의의 방식/433
Ⅶ. 증거동의의 의제/434
Ⅷ. 증거동의의 철회·취소/435
Ⅸ. 증거동의의 효과/436

제5절 탄핵증거 ····················································································································· 438
Ⅰ. 의의/438
Ⅱ. 구별/440
Ⅲ. 탄핵의 대상과 범위/440
Ⅳ. 탄핵증거의 제한/441
Ⅴ. 탄핵증거의 조사절차/442

제6절 자백의 보강법칙 ········································································································· 443
Ⅰ. 의의/444
Ⅱ. 보강증가가 필요한 자백/444
Ⅲ. 보강증거/446
Ⅳ. 보강증거의 범위/450
Ⅴ. 자백의 보강법칙 위반효과/452

제7절 공판조서의 증명력 ····································································································· 453
Ⅰ. 의의/453
Ⅱ. 공판조서의 정확성 보장/453
Ⅲ. 배타적 증명력의 범위/454
Ⅳ. 배타적 증명력 있는 공판조서/456

판례색인 ······························································································································ 458

PART Ⅰ 형법 총론
제1편 서론 ··············································································································7
제1절 형법의 기본개념 ···················································································8
제2절 형법의 발전 ··························································································9
제3절 죄형법정주의 ······················································································10
제4절 형법의 적용범위 ·················································································45
제2편 범죄론 ········································································································69
제1장 범죄론의 기초(범죄의 의의와 종류, 행위의 주체와 객체 등) ·················70
제2장 구성요건론 ····························································································92
제1절 구성요건의 일반이론 ·········································································92
제2절 결과반가치와 행위반가치 ··································································92
제3절 부작위범 ······························································································93
제4절 인과관계와 객관적 귀속 ·································································118
제5절 구성요건적 고의 ··············································································140
제6절 구성요건적 착오 ··············································································154
제7절 과실범 ·······························································································173
제8절 결과적 가중범 ··················································································196
제3장 위법성론 ······························································································220
제1절 위법성의 일반이론 ···········································································220
제2절 정당방위 ···························································································224
제3절 긴급피난 ···························································································231
제4절 자구행위 ···························································································234
제5절 피해자의 승낙 ··················································································237
제6절 정당행위 ···························································································252
제4장 책임론 ·································································································285
제1절 책임의 일반이론 ··············································································285
제2절 책임능력 ···························································································288
제3절 위법성의 인식과 금지착오 ······························································307
제4절 기대가능성 ························································································338
제5장 미수론 ·································································································354
제1절 미수범의 일반이론 ···········································································354
제2절 장애미수 ···························································································381
제3절 중지미수 ···························································································382
제4절 불능미수 ···························································································386
제5절 예비죄 ·······························································································398
제6장 정범 및 공범론 ··················································································409
제1절 정범 및 공범의 일반이론(필요적 공범) ···········································409
제2절 간접정범 ···························································································419
제3절 공동정범(동시범, 합동범) ···································································427
제4절 교사범 ·······························································································455
제5절 종범 ···································································································465
제6절 공범과 신분 ······················································································487
제7장 죄수론 ·································································································505
제1절 죄수의 일반이론 ··············································································505
제2절 일죄 ···································································································507
제3절 수죄(상상적 경합, 실체적 경합) ·························································522
제3편 형벌론 ······································································································555
제1절 형벌의 종류 ······················································································556
제2절 형의 양정 ·························································································572
제3절 누범 ···································································································581
제4절 선고유예.집행유예.가석방 ······························································587
제5절 형의 시효.소멸.기간 ·······································································604
제6절 보안처분 ···························································································610

PART Ⅱ 형법 각론
제1편 개인적 법익에 대한 죄 ··············································································7
제1장 생명과 신체에 대한 죄 ··········································································8
제1절 살인의 죄 ······························································································8
제2절 상해와 폭행의 죄 ···············································································15
제3절 과실치사상의 죄 ·················································································34
제4절 낙태의 죄 ····························································································36
제5절 유기와 학대의 죄 ···············································································37
제2장 자유에 대한 죄 ······················································································45
제1절 협박의 죄 ····························································································45
제2절 강요의 죄 ····························································································55
제3절 체포와 감금의 죄 ···············································································60
제4절 약취.유인 및 인신매매의 죄 ····························································65
제5절 강간과 추행의 죄 ···············································································74
제3장 명예와 신용에 대한 죄 ·····································································107
제1절 명예에 관한 죄(명예훼손죄, 모욕죄 등) ············································107
제2절 신용.업무와 경매에 관한 죄(신용훼손죄, 업무방해죄 등) ···············145
제4장 사생활의 평온에 대한 죄 ··································································166
제1절 비밀침해죄 ························································································166
제2절 주거침입죄 ························································································169
제5장 재산에 대한 죄 ··················································································190
제1절 재산죄의 기본개념 ···········································································190
제2절 절도의 죄 ·························································································198
제3절 강도의 죄 ·························································································214
제4절 사기의 죄 ·························································································229
제5절 공갈의 죄 ·························································································270
제6절 횡령의 죄 ·························································································282
제7절 배임의 죄 ·························································································308
제8절 장물의 죄 ·························································································351
제9절 손괴의 죄 ·························································································366
제10절 권리행사를 방해하는 죄 ·······························································376
제2편 사회적 법익에 대한 죄 ··········································································399
제1장 공공의 안전과 평온에 대한 죄 ························································400
제1절 공안을 해하는 죄 ············································································400
제2절 폭발물에 관한 죄 ············································································404
제3절 방화와 실화의 죄 ············································································405
제4절 일수와 수리에 관한 죄 ···································································418
제5절 교통방해의 죄 ··················································································419
제2장 공공의 신용에 대한 죄 ·····································································427
제1절 통화에 관한 죄 ················································································427
제2절 유가증권.인지와 우표에 관한 죄 ··················································430
제3절 문서에 관한 죄 ················································································435
제4절 인장에 관한 죄 ················································································486
제3장 공중의 건강에 대한 죄 ·····································································490
제1절 음용수에 관한 죄 ············································································490
제2절 아편에 관한 죄 ················································································490
제4장 사회의 도덕에 대한 죄 ·····································································490
제1절 성풍속에 관한 죄 ············································································490
제2절 도박과 복표에 관한 죄 ···································································493
제3절 신앙에 관한 죄 ················································································497
제3편 국가적 법익에 대한 죄 ··········································································499
제1장 국가의 존립과 권위에 대한 죄 ························································500
제1절 내란의 죄 ·························································································500
제2절 외환의 죄 ·························································································500
제3절 국기에 관한 죄 ················································································501
제4절 국교에 관한 죄 ················································································502
제2장 국가의 기능에 대한 죄 ·····································································502
제1절 공무원의 직무에 관한 죄 ·······························································502
제2절 공무방해에 관한 죄 ·········································································553
제3절 도주와 범인은닉의 죄 ·····································································586
제4절 위증과 증거인멸의 죄 ·····································································593
제5절 무고의 죄 ·························································································607
제4편 종합문제 ··································································································631

PART Ⅰ 형사소송법
제1편 수사 ··············································································································7
제1장 수사 일반 ································································································8
제1절 수사의 의의와 구조 ·············································································8
제2절 수사의 주체와 대상 ···········································································15
제2장 수사의 개시 ··························································································31
제1절 수사의 단서 ························································································31
제2절 불심검문 ······························································································31
제3절 고소 ·····································································································36
제4절 고발 ·····································································································62
제5절 자수 ·····································································································71
제6절 변시자 검시 ························································································71
제3장 수사의 방법 ··························································································75
제1절 수사의 기본원칙 ·················································································75
제2절 임의수사 ······························································································80
제3절 대인적 강제수사 ? 체포,구속, 수사상감정유치 ····························105
제4절 대물적 강제수사 ··············································································190
제5절 수사상 증거보전 ··············································································274
제4장 수사의 종결 ························································································281
제1절 검사의 수사종결 ··············································································281
제2절 불기소처분에 대한 불복 ·································································284
제3절 경찰의 수사종결 및 통지 ·······························································295
제4절 공소제기 후의 수사 ·········································································305
제2편 증거 ·········································································································311
제1장 증거법 총론 ························································································312
제1절 증거 일반 ·························································································312
제2절 증명의 기본원칙 ··············································································316
제2장 증거법 각론 ························································································336
제1절 자백배제법칙 ····················································································336
제2절 위법수집증거배제법칙 ·····································································345
제3절 전문법칙 ···························································································374
제4절 증거동의와 증거능력 ·······································································446
제5절 탄핵증거 ···························································································466
제6절 자백의 보강법칙 ··············································································475
제7절 공판조서의 증명력 ···········································································494
제3편 종합문제 ··································································································501