제1부？형법 총론 제1편 형법서론 제1장 ？ 형법의 기본개념 / 16 Ⅰ. 형법학파의 비교 ·······································16 제2장 ？ 죄형법정주의 / 17 Ⅰ. 법률주의 (관습형법금지원칙, 포괄위임금지원칙) ·································································17 Ⅱ. 명확성원칙 ···············································18 Ⅲ. 소급금지원칙 (형벌불소급원칙) ················19 Ⅳ. 유추해석금지원칙 ····································20 Ⅴ. 적정성원칙 ···············································25 제3장 ？ 형법의 적용범위 / 26 제1절 형법의 시간적 적용범위 ······················26 Ⅰ. 제1조 1항의 해석 ······································26 Ⅱ. 제1조 2항의 해석 ·····································26 Ⅲ. 제1조 3항의 해석 ······································27 Ⅳ. 제1조 2항·3항의 예외 ·······························27 Ⅴ. 한시법과 백지형법 ···································27 제2절 형법의 장소적 적용범위 ······················29 Ⅰ. 속지주의 ··················································29 Ⅱ. 기국주의 ··················································29 Ⅲ. 속인주의 ··················································29 Ⅳ. 제5조의 보호주의 ····································30 Ⅴ. 제6조의 보호주의 ····································30 Ⅵ. 세계주의 ··················································30 Ⅶ. 국가간 법률충돌의 해결 ···························31 제3절 형법의 인적 적용범위 ··························31 제4절 특별법과의 관계 ···································31 제2편 범죄론 제1장 ？ 형법의 기본개념 / 34 제2장 ？ 구성요건론 / 34 제1절 범죄의 종류 ·········································34 제2절 행위의 주체와 객체 ·····························34 제3절 부작위범 ··············································36 Ⅰ. 부작위범의 요건 ······································36 Ⅱ. 법적 작위의무 ··········································36 Ⅲ. 작위와 부작위의 적용 ······························37 Ⅳ. 관련문제 ··················································37 제4절 인과관계와 객관적 귀속 ······················38 제5절 구성요건적 고의 ··································40 Ⅰ. 고의의 인식대상 ······································40 Ⅱ. 고의의 종류 ·············································40 제6절 구성요건적 착오 ··································42 Ⅰ. 구성요건적 착오의 종류 ···························42 Ⅱ. 병발 사례 ·················································42 Ⅲ. 개괄적 고의 과실 사례 ·····························43 제7절 과실범 ··················································44 Ⅰ. 과실범의 개관 ··········································44 Ⅱ. 과실범의 구성요건 ···································45 Ⅲ. 관련문제 ··················································45 Ⅳ. 관련판례 ··················································46 Ⅴ. 신뢰의 원칙 ·············································48 제8절 결과적 가중범 ······································51 Ⅰ. 결과적 가중범의 의미와 종류 ···················51 Ⅱ. 구성요건과 행위책임주의 ·························51 Ⅲ. 관련문제 ··················································52 제3장 ？ 위법성론 / 54 제1절 위법성의 일반이론 ······························54 Ⅰ. 위법성조각사유 ········································54 Ⅱ. 주관적 정당화의사 결한 경우 (우연방위) ·· 54 제2절 정당방위 ··············································55 Ⅰ. 정당방위 요건 ··········································55 Ⅱ. 방위의 효과 ··············································57 제3절 긴급피난 ··············································58 Ⅰ. 긴급피난 요건 ··········································58 Ⅱ. 피난의 효과 ·············································59 Ⅲ. 의무의 충돌 ·············································59 제4절 자구행위 ··············································60 Ⅰ. 자구행위 요건 ··········································60 Ⅱ. 자구행위 효과 ··········································60 Ⅲ. 자구행위 판례 ··········································60 제5절 피해자의 승낙 ······································61 Ⅰ. 피해자의 동의의 의미 ·······························61 Ⅱ. 양해 ··························································61 Ⅲ. 피해자의 승낙 ··········································62 Ⅳ. 추정적 승낙 ·············································63 제6절 정당행위 ··············································64 Ⅰ. 법령에 의한 행위 ·····································64 Ⅱ. 업무로 인한 행위 ·····································67 Ⅲ. 기타 사회상규에 합치하는 행위 ···············68 제4장 ？ 책임론 / 70 제1절 책임의 일반이론 ··································70 제2절 책임능력 ···············································71 Ⅰ. 책임무능력자 ············································71 Ⅱ. 한정책임능력자 ········································72 Ⅲ. 원인에 있어서 자유로운 행위 ···················73 제3절 위법성의 인식과 금지착오 ···················74 Ⅰ. 금지착오의 개념과 유형 ···························74 Ⅱ. 금지착오의 효과 ·······································74 Ⅲ. 위법성조각사유의 전제사실의 착오 ··········77 Ⅳ. 피해자의 동의와 관련된 착오 ···················77 Ⅴ. 각종 착오의 정리 ·····································78 제4절 기대가능성 ···········································79 Ⅰ. 기대가능성의 판단기준 ····························79 Ⅱ. 기대불가능성의 유형 ································79 Ⅲ. 강요된 행위 ·············································80 제5장 ？ 미수론 / 82 제1절 미수와 예비의 일반이론 ······················82 Ⅰ. 선전·선동 ················································82 Ⅱ. 음모·예비 ················································83 Ⅲ. 관련문제 ··················································83 Ⅳ. 예비음모 또는 미수범의 처벌규정 ···········84 제2절 장애미수 ··············································85 제3절 중지미수 ··············································88 Ⅰ. 자의성 ·····················································88 Ⅱ. 범행중지 또는 결과방지 ··························89 Ⅲ. 공범과 중지미수 ······································89 제4절 불능미수 ··············································90 Ⅰ. 성립요건 ··················································90 Ⅱ. 위험성 판단 학설 ·····································90 Ⅲ. 불능미수의 판단 ······································90 제6장 ？ 공범론 / 92 제1절 공범의 일반이론 ··································92 Ⅰ. 필요적 공범 ·············································92 Ⅱ. 정범과 공범의 관계 ··································93 Ⅲ. 공범의 종속성 ··········································93 Ⅳ. 기도된 교사·방조 ·····································94 제2절 간접정범 ··············································95 Ⅰ. 정범과 공범의 구별 ··································95 Ⅱ. 간접정범의 이용행위 ·······························96 Ⅲ. 특수교사·방조 ·········································96 제3절 공동정범 ··············································97 Ⅰ. 공동정범의 개념 ·······································97 Ⅱ. 주관적 요건 ··············································97 Ⅲ. 객관적 요건 ·············································99 Ⅳ. 공동정범의 책임 ·····································102 제4절 동시범과 합동범 ································103 Ⅰ. 동시범 ····················································103 Ⅱ. 합동범 ····················································104 제5절 교사범 ················································106 Ⅰ. 성립요건 ·················································106 Ⅱ. 교사의 착오 ············································108 Ⅲ. 관련문제 ·················································108 제6절 방조범 ················································109 Ⅰ. 총칙상 방조범의 개념 ·····························109 Ⅱ. 성립요건 ·················································109 Ⅲ. 방조의 착오 ··············································111 Ⅳ. 관련문제 ··················································111 제7절 공범과 신분 ········································112 Ⅰ. 형법상 신분 ·············································112 Ⅱ. 적극적 신분 (제33조의 해석) ···················112 Ⅲ. 소극적 신분 ·············································114 제7장 ？ 죄수론 / 115 제1절 죄수 일반이론 ·····································115 제2절 법조경합 ·············································115 Ⅰ. 특별관계 ··················································115 Ⅱ. 보충관계 ··················································115 Ⅲ. 흡수관계 ··················································116 제3절 포괄일죄 ··············································117 Ⅰ. 상습범의 개념 ··········································117 Ⅱ. 상습범의 기판력 ······································117 Ⅲ. 관련 판례 ·················································117 제4절 상상적 경합 ········································120 Ⅰ. 상상적 경합의 요건 ································120 Ⅱ. 상상적 경합의 효과 ································120 제5절 실체적 경합 ········································122 Ⅰ. 경합범의 종류 ·········································122 Ⅱ. 경합범의 효과 ·········································123 Ⅲ. 경합범 판례 ············································123 제3편 형벌론 제1절 형벌의 종류 ········································128 Ⅰ. 형벌의 종류 ············································128 Ⅱ. 사형 ························································128 Ⅲ. 자유형 ····················································128 Ⅳ. 명예형 ····················································128 Ⅴ. 재산형 ····················································129 제2절 형의 양정 ···········································134 Ⅰ. 양형단계 ·················································134 Ⅱ. 양형기준 ·················································134 Ⅲ. 형의 가중 감경 면제 ·······························134 Ⅳ. 형의 가중감경 규정 ································135 Ⅴ. 미결구금 ·················································135 Ⅵ. 판결의 공시 ············································136 Ⅶ. 자수와 자복 ············································136 제3절 누범 ····················································138 Ⅰ. 누범의 개념 ············································138 Ⅱ. 누범의 요건 ············································138 Ⅲ. 누범의 효과 ············································139 Ⅳ. 특가법상 누범 ·········································139 제4절 선고유예·집행유예·가석방 ················140 Ⅰ. 선고유예 ·················································140 Ⅱ. 집행유예 ··················································141 Ⅲ. 가석방 ····················································143 제5절 형의 시효·소멸·기간 ·························144 제6절 보안처분 ·············································144 제2부？형법 각론 제1편 개인적 법익에 대한 죄 제1장 ？ 생명과 신체에 대한 죄 / 150 제1절 살인의 죄 ···········································150 Ⅰ. 살인죄 ····················································150 Ⅱ. 존속살해죄 ··············································151 Ⅲ. 영아살해죄 ··············································151 Ⅳ. 기타범죄 ·················································152 제2절 상해와 폭행의 죄 ·······························153 Ⅰ. 상해죄와 폭행죄의 비교 ·························153 Ⅱ. 상해죄 ····················································153 Ⅲ. 폭행죄 ····················································155 제3절 과실치사상의 죄 ································158 제4절 낙태의 죄 ···········································158 제5절 유기와 학대의 죄 ·······························159 Ⅰ. 유기죄 ····················································159 Ⅱ. 기타 범죄 ···············································160 제2장 ？ 자유에 대한 죄 / 161 제1절 협박의 죄 ············································161 제2절 강요의 죄 ···········································164 Ⅰ. 강요죄 ····················································164 Ⅱ. 기타 범죄 ················································165 제3절 체포와 감금의 죄 ·······························166 Ⅰ. 체포·감금죄 ············································166 Ⅱ. 기타범죄 ·················································167 제4절 약취와 유인의 죄 ·······························168 Ⅰ. 조문분석 ·················································168 Ⅱ. 미성년자 약취·유인죄 ····························168 Ⅲ. 기타 범죄 ················································169 제5절 강간과 추행의 죄 ·······························170 Ⅰ. 강간죄 ····················································170 Ⅱ. 기타 범죄 ·················································171 Ⅲ. 성폭력범죄의 처벌 등에 관한 특례법 ····· 174 Ⅳ. 아동·청소년의 성보호에 관한 법률 ·········175 제3장 ？ 명예와 신용에 대한 죄 / 176 제1절 명예에 관한 죄 ···································176 Ⅰ. 명예훼손죄 ··············································176 Ⅱ. 기타 범죄 ···············································180 제2절 신용훼손죄 ·········································182 제3절 업무방해죄 ·········································183 Ⅰ. 업무방해죄 ·············································183 Ⅱ. 기타 범죄 ················································187 제4장 ？ 사생활의 평온에 대한 죄 / 188 제1절 비밀침해의 죄 ····································188 제2절 주거침입의 죄 ····································189 Ⅰ. 보호법익 ·················································189 Ⅱ. 주거침입죄 ·············································189 Ⅲ. 기타 범죄 ················································191 제5장 ？ 재산에 대한 죄 / 193 제1절 재산죄의 기본개념 ·····························193 Ⅰ. 재산죄의 분류 ·········································193 Ⅱ. 재산죄의 객체 ·········································193 Ⅲ. 형법상 점유 ············································195 Ⅳ. 불법영득의사 ··········································197 Ⅴ. 친족상도례 ·············································199 제2절 절도의 죄 ···········································201 Ⅰ. 절도죄 ····················································201 Ⅱ. 기타 범죄 ···············································202 제3절 강도의 죄 ···········································203 Ⅰ. 강도죄 ····················································203 Ⅱ. 준강도죄 ················································204 Ⅲ. 기타 범죄 ···············································206 제4절 사기의 죄 ···········································208 Ⅰ. 서설 ·······················································208 Ⅱ. 사기죄 ····················································208 Ⅲ. 삼각사기 ·················································217 Ⅳ. 신용카드 범죄 ········································220 Ⅴ. 기타 범죄 ···············································222 제5절 공갈의 죄 ···········································224 제6절 횡령의 죄 ···········································226 Ⅰ. 횡령죄 ····················································226 Ⅱ. 기타 범죄 ···············································237 제7절 배임의 죄 ···········································239 Ⅰ. 횡령죄와 배임죄의 관계 ·························239 Ⅱ. 배임죄의 주체 - 대행자 (고용, 위임) ·····240 Ⅲ. 주체 - 협력자 (매도등기, 계주, 공법상 채권) ·······························································245 Ⅳ. 기타 문제들 ············································251 Ⅴ. 배임수재죄 ·············································253 제8절 장물의 죄 ···········································256 제9절 손괴의 죄 ···········································259 Ⅰ. 손괴죄 ····················································259 Ⅱ. 경계침범죄 ·············································260 제10절 권리행사를 방해하는 죄 ···················261 Ⅰ. 권리행사방해죄 ······································261 Ⅱ. 강제집행면탈죄 ······································264 제2편 사회적 법익에 대한 죄 제1장 ？ 공공의 안전과 평온에 대한 죄 / 270 제1절 공안을 해하는 죄 ·······························270 제2절 폭발물에 관한 죄 ································271 Ⅰ. 폭발물사용죄 ··········································271 제3절 방화와 실화의 죄 ·······························272 Ⅰ. 현주건조물등방화죄 ·······························272 Ⅱ. 기타 범죄 ···············································273 제4절 일수와 수리에 관한 죄 ······················273 제5절 교통방해의 죄 ····································274 Ⅰ. 일반교통방해죄 ······································274 Ⅱ. 기타 범죄 ···············································275 제2장 ？ 공중의 건강에 대한 죄 / 276 제3장 ？ 공공의 신용에 대한 죄 / 277 제1절 통화에 관한 죄 ···································277 Ⅰ. 통화위조·변조죄 ·····································277 Ⅱ. 기타 범죄 ···············································278 제2절 유가증권·인지·우표에 관한 죄 ·········279 Ⅰ. 유가증권 위조·변조죄 ····························279 Ⅱ. 자격모용에 의한 유가증권작성죄 ···········281 Ⅲ. 허위유가증권작성죄 ·······························281 Ⅳ. 각 범죄의 비교 ·······································282 Ⅴ. 기타 ·······················································283 제3절 문서에 관한 죄 ··································284 Ⅰ. 문서 위조·변조죄 ···································284 Ⅱ. 자격모용에 의한 문서작성죄 ··················289 Ⅲ. 전자기록 위작·변작죄 ····························290 Ⅳ. 허위문서작성죄 ······································291 Ⅴ. 기타 범죄 ···············································295 제4절 인장에 관한 죄 ··································297 제4장 ？ 사회의 도덕에 대한 죄 / 298 제1절 성풍속에 관한 죄 ·······························298 제2절 도박과 복표에 관한 죄 ······················300 제3절 신앙에 관한 죄 ···································301 제3편 국가적 법익에 대한 죄 제1장 ？ 국가의 존립과 권위에 대한 죄 / 304 제1절 내란의 죄 ···········································304 제2절 외환의 죄 ···········································305 제3절 국기에 관한 죄 ··································306 제4절 국교에 관한 죄 ··································306 제2장 ？ 국가의 기능에 대한 죄 / 307 제1절 공무원의 직무에 관한 죄 ··················307 Ⅰ. 직무유기죄 ·············································307 Ⅱ. 직권남용죄 ············································309 Ⅲ. 기타 범죄 ················································311 제2절 뇌물에 관한 죄 ···································313 Ⅰ. 뇌물성 ····················································313 Ⅱ. 뇌물에 관한 죄 ·······································315 Ⅲ. 뇌물의 필요적 몰수·추징 ························321 제3절 공무방해에 관한 죄 ···························322 Ⅰ. 공무집행방해죄 ······································322 Ⅱ. 위계에 의한 공무집행방해죄 ··················324 Ⅲ. 기타 범죄 ···············································326 제4절 도주죄 ················································329 Ⅰ. 도주 범인 증거 위증 무고 비교 ··············329 Ⅱ. 도주죄 ····················································329 제5절 범인은닉도피죄 ·································330 제6절 증거인멸죄 ·········································332 제7절 위증죄 ················································334 Ⅰ. 위증죄 ····················································334 Ⅱ. 기타 위증죄 ···········································336 제8절 무고죄 ················································337