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[이윤탁] 2025 형사법 핵심정리(25년 5월)
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| 교수 |
이윤탁
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강의구성 | 총 96강/(종강:59시간) |
|---|---|---|---|
| 과목 | 형사법 | 촬영학원 | 남부경찰 |
| 강좌유형 | 테마별 특강 | 수강료/기간 |
|
| 샘플강의 | 1강 맛보기 (HD) | ||
| 번호 | 학습내용 | 시간 | 샘플강의 |
|---|
| 1강 | 25/05/12_[프린트] 제1편 제1장 I.형법의 의의 p3~ | 47분 |
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| 2강 | 25/05/12_[프린트] 제1편 제3장 II.내용 p7~ | 52분 | |
| 3강 | 25/05/12_[프린트] 제1편 제3장 3.명확성의 원칙 p9~ | 32분 | |
| 4강 | 25/05/12_[프린트] 제1편 제4장 2.예외 p15~ | 33분 | |
| 5강 | 25/05/13_[프린트1] 제1편 제4장 II.장소적 적용범위 p17~ | 30분 | |
| 6강 | 25/05/13_[프린트2] 제2편 제1장 제1절 I.범죄의 의의와 종류 p22~ | 50분 | |
| 7강 | 25/05/13_[프린트2] 제2편 제1장 제3절 III.법인의 처벌 p29~ | 37분 | |
| 8강 | 25/05/13_[프린트2] 제2편 제2장 제2절 III.인과관계에 관한 학설 p34~ | 51분 | |
| 9강 | 25/05/14_[판서] 수사의 의의와 수사기관 | 46분 | |
| 10강 | 25/05/14_[교재2] 제2편 제1장 증거의 의의와 종류 p250~ | 39분 | |
| 11강 | 25/05/14_[교재2] 제2편 제2장 제1절 증거재판주의 p249~ | 40분 | |
| 12강 | 25/05/14_[교재2] 제2편 제2장 제1절 증거재판주의 p249~ | 29분 | |
| 13강 | 25/05/19_[프린트1] 제2편 제2장 제4절 구성요건적 착오(사실의 착오) p41~ | 36분 | |
| 14강 | 25/05/19_[프린트1] 제2편 제2장 제4절 구성요건적 착오(사실의 착오) p44~, [프린트2] III.위법성의 평가방법 p46~ | 46분 | |
| 15강 | 25/05/19_[프린트2] 제2편 제3장 제1절 위법성론 비교정리 p48~ | 26분 | |
| 16강 | 25/05/19_[프린트2] 제2편 제3장 제3절 긴급피난 p53~ | 37분 | |
| 17강 | 25/05/20_[프린트] 제2편 제3장 제5절 피해자의 승낙 p61~ | 51분 | |
| 18강 | 25/05/20_[프린트] 제2편 제3장 제6절 정당행위 p65~ | 20분 | |
| 19강 | 25/05/20_[프린트] 제2편 제4장 제1절 책임이론 p68~ | 39분 | |
| 20강 | 25/05/20_[프린트] 제2편 제4장 제1절 책임이론 p68~ | 32분 |
| 교수 | 이윤탁 |
|---|---|
| 교수주요경력 |
고려대학교 법학과 졸업/동대학원 법학과 現) 박문각 경찰 형사법 전임 現) 공단기 형법, 형사소송법 전임 前) 메가sct 경찰공무원 학원 형사소송법 전임 前) 경단기 형사법 전임 前) 경찰간부단기 형사법 전임 |
| 주교재 소개 |
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| 주교재 목차 |
형법 총론 제1편 형법의 일반이론 제1장 형법의 기본개념 Ⅰ. 형법의 의의 ······································································· 3 Ⅱ. 형법의 성격 ······································································· 3 Ⅲ. 형법의 기능 ······································································· 3 제2장 형법이론 Ⅰ. 형법 학파 ··········································································· 4 Ⅱ. 범죄이론 ············································································ 5 Ⅲ. 형벌이론 ············································································ 6 제3장 죄형법정주의 Ⅰ. 서 론 ················································································· 7 Ⅱ. 내 용 ················································································· 7 제4장 형법의 적용범위 Ⅰ. 시간적 적용범위 ······························································ 14 Ⅱ. 장소적 적용범위 ······························································ 16 Ⅲ. 인적 적용범위 ·································································· 18 Ⅳ. 형법 총칙의 적용 ····························································· 18 제2편 범죄론 제1장 범죄론의 기초 제1절 범죄의 의의와 종류 Ⅰ. 범죄의 의의 ····································································· 20 Ⅱ. 범죄의 성립요건 ······························································ 20 Ⅲ. 범죄의 처벌조건 ······························································ 20 Ⅳ. 범죄의 소추조건 ······························································ 21 Ⅴ. 범죄의 종류 ····································································· 21 제2절 범죄체계론 ······························································· 25 제3절 행위의 주체와 객체 ················································ 26 Ⅰ. 범죄의 의의 ····································································· 20 Ⅱ. 범죄의 성립요건 ······························································ 20 Ⅲ. 범죄의 처벌조건 ······························································ 20 Ⅳ. 범죄의 소추조건 ······························································ 21 Ⅴ. 범죄의 종류 ····································································· 21 제2장 구성요건론 제1절 구성요건의 일반이론 Ⅰ. 구성요건의 의의 ······························································ 29 Ⅱ. 구성요건과 위법성의 관계 ··············································· 29 Ⅲ. 구성요건의 요소 ······························································ 30 제2절 인과관계와 객관적 귀속 Ⅰ. 의의와 적용범위 ······························································ 31 Ⅱ. 인과관계의 유형 ······························································ 31 Ⅲ. 인과관계에 관한 학설 ······················································ 32 Ⅳ. 객관적 귀속이론 ······························································ 33 Ⅴ. 인과관계에 대한 판례정리 ··············································· 33 제3절 구성요건적 고의 Ⅰ. 의 의 ··············································································· 35 Ⅱ. 고의의 본질(인식 + 의사) ················································ 35 Ⅲ. 고의의 내용 ····································································· 35 Ⅳ. 고의의 종류 ····································································· 36 제4절 구성요건적 착오 Ⅰ. 의 의 ··············································································· 39 Ⅱ. 구성요건적 착오의 유형 ··················································· 39 Ⅲ. 구성요건적 착오의 해결 ··················································· 40 Ⅳ. 가감적 구성요건요소에 대한 착오 ··································· 41 Ⅴ. 인과관계의 착오(인과관계 착오에 대한 학설 정리) ·········· 42 Ⅵ. 병발사례 ·········································································· 42 제3장 위법성 제1절 위법성의 이론 Ⅰ.위법성의 의의 ··································································· 43 Ⅱ. 위법성의 본질(무엇을 위반.) ··········································· 43 Ⅲ. 위법성의 평가방법(누구 기준.) ······································· 44 Ⅳ. 위법성조각사유 ······························································· 44 Ⅴ. 불법의 본질(결과반가치와 행위 반가치) ·························· 44 Ⅵ. 주관적 정당화요소 ··························································· 45 제2절 정당방위 Ⅰ.의 의 ················································································ 47 Ⅱ. 성립요건 ·········································································· 47 Ⅲ. 정당방위의 효과 ······························································ 49 Ⅳ. 과잉방위와 오상방위 ······················································· 49 제3절 긴급피난 제4절 자구행위 Ⅰ. 의 의 ··············································································· 54 Ⅱ. 성립요건 ·········································································· 54 Ⅲ. 효 과 ··············································································· 55 Ⅳ. 과잉자구행위와 오상자구행위 ········································· 55 제5절 피해자의 승낙 Ⅰ. 의 의 ··············································································· 57 Ⅱ. 양 해 ··············································································· 57 Ⅲ. 피해자의 승낙 ·································································· 58 Ⅳ. 추정적 승낙 ····································································· 59 제6절 정당행위 Ⅰ. 서 론 ·············································································· 60 Ⅱ. 법령에 의한 행위 ····························································· 60 Ⅲ. 업무로 인한 행위 ····························································· 62 Ⅳ. 사회상규에 위배되지 않는 행위 ······································· 62 제4장 책임론 제1절 책임이론 Ⅰ. 책임의 의의와 근거 ·························································· 65 Ⅱ. 책임의 본질 ····································································· 66 제2절 책임능력 Ⅰ. 서 론 ··············································································· 67 Ⅱ. 책임무능력자 ··································································· 67 Ⅲ. 한정 책임능력자 ······························································ 70 Ⅳ. 원인에 있어서 자유로운 행위 ·········································· 71 제3절 위법성의 인식 Ⅰ. 서 설 ··············································································· 73 Ⅱ. 위법성 인식의 체계적 지위 ·············································· 73 제4절 법률의 착오 Ⅰ. 의 의 ··············································································· 75 Ⅱ. 법률의 착오의 유형 ·························································· 75 Ⅲ. 법률의 착오의 효과 ·························································· 76 Ⅳ. 형법 제16조와 정당한 이유 ············································· 77 Ⅴ. 위법성조각사유의 전제사실에 관한 착오 ························· 79 제5절 기대가능성 Ⅰ. 서 설 ··············································································· 81 Ⅱ. 기대가능성의 판단기준 ···················································· 81 Ⅲ. 강요된 행위 ····································································· 82 제5장 미수론 제1절 미수범의 일반이론 Ⅰ. 범죄의 실현단계 ······························································ 84 Ⅱ. 미수범의 처벌근거 ··························································· 84 Ⅲ. 형법상 미수범의 체계 ······················································ 85 Ⅳ. 형법상 미수범 처벌규정 ················································· 85 제2절 장애미수 ····································································· 87 제3절 중지미수 ····································································· 90 제4절 불능미수 ····································································· 92 제5절 예비죄 ········································································· 95 제6장 공범론 제1절 공범이론 Ⅰ. 서 론 ··············································································· 97 Ⅱ. 정범과 공범의 구별 ·························································· 98 Ⅲ. 공범의 종속성과 종속의 정도 ·········································· 99 제2절 공동정범 제3절 합동범 제4절 동시범 Ⅰ. 의 의 ············································································ 108 Ⅱ. 제19조의 동시범 ··························································· 108 Ⅲ. 제263조의 동시범 ························································· 108 제5절 간접정범 Ⅰ. 의 의 ············································································ 110 Ⅱ. 성립요건 ········································································ 110 Ⅲ. 간접정범의 처벌 ···························································· 110 Ⅳ. 관련문제 ········································································ 111 제6절 교사범 Ⅰ. 의 의 ············································································ 113 Ⅱ. 성립요건 ········································································ 113 Ⅲ. 교사의 착오 ··································································· 114 Ⅳ. 관련문제 ········································································ 116 제7절 방조범(종범) Ⅰ. 의 의 ············································································ 117 Ⅱ. 성립요건 ········································································ 117 Ⅲ. 방조범의 처벌 ······························································· 119 Ⅳ. 관련문제 ········································································ 119 제8절 공범과 신분 Ⅰ. 서 론 ············································································ 121 Ⅱ. 형법 제33조의 해석 ······················································ 121 Ⅲ. 진정신분범과 공범 ························································ 122 Ⅳ. 부진정신분범과 공범 ····················································· 123 Ⅴ. 소극적 신분과 공범 ······················································· 124 제7장 특수한 형태의 범죄 제1절 부작위범 Ⅰ. 서 론 ············································································ 126 Ⅱ. 부작위범의 종류 ···························································· 127 Ⅲ. 부작위범 성립요건 ························································ 127 Ⅳ. 부진정부작위범의 특유한 구성요건(부작위의 동치성) ··· 128 Ⅴ. 관련문제 ········································································ 131 제2절 과실범 Ⅰ. 개념과 종류 ··································································· 132 Ⅱ. 성립요건 ········································································ 134 Ⅲ. 객관적 주의의무 제한원리 ············································· 135 제3절 결과적 가중범 Ⅰ. 서 론 ············································································ 138 Ⅱ. 결과적 가중범의 유형 ···················································· 138 Ⅲ. 결과적 가중범의 성립요건 ············································· 140 Ⅳ. 관련문제 ········································································ 141 제8장 죄수론 제1절 죄수이론 Ⅰ. 의 의 ············································································ 142 Ⅱ. 죄수결정의 기준 ···························································· 142 Ⅲ. 수죄에 대한 처벌 ··························································· 143 제2절 일죄 Ⅰ. 법조경합 ········································································ 144 Ⅱ. 포괄일죄 ········································································ 146 제3절 수죄 Ⅰ. 상상적 경합 ··································································· 150 Ⅱ. 실체적 경합 ··································································· 151 제3편 형벌론 제1장 형벌의 종류 ······························································ 156 제2장 형의 양정 ·································································· 162 제3장 누범 ············································································ 167 제4장 선고유예·집행유예·가석방 ··································· 169 제5장 형의 시효와 소멸 ····················································· 175 제6장 보안처분 ···································································· 178 형법 각론 제1편 개인적 법익에 대한 죄 제1장 생명과 신체에 대한 죄 제1절 살인의 죄 Ⅰ. 의 의 ············································································ 182 Ⅱ. 구성요건의 체계 ···························································· 182 Ⅲ. 보통살인죄 ···································································· 183 Ⅳ. 존속살해죄(가중적 구성요건) ········································ 185 Ⅴ. 영아살해죄(삭제) ··························································· 185 Ⅵ. 촉탁.승낙에 의한 살인죄 ············································ 186 Ⅶ. 자살교사.방조죄 ························································· 186 Ⅷ. 위계.위력에 의한 살인죄 ············································ 187 Ⅸ. 살인 예비.음모죄 ························································ 187 제2절 상해와 폭행의 죄 Ⅰ. 의 의 ············································································ 189 Ⅱ. 구성요건의 체계 ···························································· 189 Ⅲ 상해죄, 존속상해죄 ························································ 190 Ⅳ. 중상해죄, 존속중상해죄 ················································ 191 Ⅴ. 특수상해죄 ···································································· 192 Ⅵ. 상해치사죄.존속상해치사죄 ········································ 193 Ⅶ. 상해죄의 동시범 특례 ···················································· 193 Ⅷ. 폭행죄.존속폭행죄 ······················································ 193 Ⅸ. 특수폭행죄 ···································································· 195 Ⅹ. 폭행치사상죄 ································································· 196 .. 상습상해.상습폭행죄 ·················································· 196 제3절 과실치사상의 죄 Ⅰ. 의 의 ············································································ 197 Ⅱ. 과실치상죄.과실치사죄 ··············································· 197 Ⅲ. 업무상 과실.중과실치사상죄 ······································· 198 제4절 낙태의 죄 Ⅰ. 의 의 ············································································ 200 Ⅱ. 모자보건법상 인공임신중절 ··········································· 200 Ⅲ. 자기낙태죄와 의사낙태죄에 대한 헌법불합치 결정 ········ 200 제5절 유기와 학대의 죄 Ⅰ. 의 의 ············································································ 201 Ⅱ. 구성요건의 체계 ···························································· 201 Ⅲ. 유기죄 ··········································································· 202 Ⅳ. 존속유기죄 ···································································· 202 Ⅴ. 중유기죄.존속중유기죄 ··············································· 203 Ⅵ. 영아유기죄 (삭제) ························································· 203 Ⅶ. 유기치사상죄.존속유기치사상죄 ································· 203 Ⅷ. 학대죄 ··········································································· 203 Ⅸ. 존속학대죄 ···································································· 204 Ⅹ. 아동혹사죄 ···································································· 204 제2장 자유에 관한 죄 제1절 협박의 죄 Ⅰ. 의 의 ············································································ 205 Ⅱ. 구성요건의 체계 ···························································· 205 Ⅲ. 협박죄 ··········································································· 205 Ⅳ. 가중적 구성요건 ···························································· 207 Ⅴ. 스토킹 범죄 ··································································· 207 제2절 강요의 죄 Ⅰ. 의 의 ············································································ 208 Ⅱ. 구성요건의 체계 ···························································· 208 Ⅲ. 강요죄 ··········································································· 208 Ⅳ. 특수강요죄 ···································································· 209 Ⅴ. 중강요죄 ········································································ 210 Ⅵ. 인질강요죄 등 ······························································· 210 제3절 체포와 감금의 죄 Ⅰ. 의 의 ············································································ 211 Ⅱ. 구성요건의 체계 ···························································· 211 Ⅲ. 체포.감금죄 ································································ 211 Ⅳ. 가중적 구성요건 ···························································· 212 제4절 약취와 유인 및 인신매매의 죄 Ⅰ. 의 의 ············································································ 215 Ⅱ. 구성요건의 체계 ···························································· 215 Ⅲ. 미성년자 약취.유인죄 ················································· 216 Ⅳ. 가중적 구성요건 ···························································· 217 제5절 강간과 추행의 죄 Ⅰ. 의 의 ············································································ 219 Ⅱ. 구성요건의 체계 ···························································· 219 Ⅲ. 강간죄 ··········································································· 220 Ⅳ. 준강간죄와 준강제추행죄 ·············································· 222 Ⅴ. 미성년자 의제강간.의제강제추행죄 ···························· 223 Ⅵ. 강간 등 상해.치상죄 ··················································· 223 Ⅶ. 강간 등 살인.치사죄 ··················································· 224 Ⅷ. 그 밖의 구성요건 ··························································· 224 Ⅸ. 성범죄에 대한 특별형법 ················································ 226 제3장 명예와 신용에 관한 죄 제1절 명예에 관한 죄 Ⅰ. 의 의 ············································································ 229 Ⅱ. 구성요건의 체계 ···························································· 229 Ⅲ. 명예훼손에 관한 죄 ······················································· 230 Ⅳ. 모욕죄 ··········································································· 234 제2절 신용·업무와 경매에 관한 죄 Ⅰ. 의 의 ············································································ 236 Ⅱ.구성요건의 체계 ····························································· 236 Ⅲ. 신용훼손죄 ···································································· 236 Ⅳ. 업무방해죄 ···································································· 238 Ⅴ. 컴퓨터등 장애 업무방해죄 ············································· 241 Ⅵ. 경매.입찰방해죄 ························································· 241 제4장 사생활의 평온에 관한 죄 제1절 비밀침해의 죄 Ⅰ. 의 의 ············································································ 242 Ⅱ. 구성요건의 체계 ···························································· 242 Ⅲ. 비밀침해죄 ···································································· 242 Ⅳ. 업무상 비밀누설죄 ························································ 244 제2절 주거침입의 죄 Ⅰ. 의 의 ············································································ 245 Ⅱ. 구성요건의 체계 ···························································· 245 Ⅲ. 주거침입죄 ···································································· 245 Ⅳ.퇴거불응죄 ····································································· 248 Ⅴ. 특수주거침입죄 ····························································· 248 Ⅵ. 주거.신체수색죄 ························································· 249 제5장 재산에 관한 죄 제1절 재산죄 일반 Ⅰ. 서 설 ············································································ 250 Ⅱ. 재산죄의 객체 ······························································· 250 Ⅲ. 형법상 점유 ··································································· 251 Ⅳ. 불법영득의사 ································································· 253 제2절 절도의 죄 Ⅰ.의 의 ············································································· 255 Ⅱ. 구성요건의 체계 ···························································· 255 제3절 강도의 죄 Ⅰ.의 의 ············································································· 259 Ⅱ. 구성요건의 체계 ···························································· 259 제4절 사기의 죄 Ⅰ.의 의 ············································································· 266 Ⅱ. 구성요건의 체계 ···························································· 266 CONTENTS 제5절 공갈의 죄 Ⅰ.의 의 ············································································· 275 Ⅱ. 구성요건의 체계 ···························································· 275 제6절 횡령의 죄 Ⅰ.서 론 ············································································· 278 Ⅱ. 구성요건의 체계 ···························································· 278 제7절 배임의 죄 Ⅰ.서 론 ············································································· 288 Ⅱ. 구성요건의 체계 ···························································· 288 제8절 장물의 죄 Ⅰ.서 론 ············································································· 295 Ⅱ. 구성요건의 체계 ···························································· 295 제9절 손괴의 죄 Ⅰ.서 론 ············································································· 297 Ⅱ. 구성요건의 체계 ···························································· 297 제10절 권리행사를 방해하는 죄 Ⅰ. 의 의 ············································································ 300 Ⅱ. 구성요건의 체계 ···························································· 300 제2편 사회적 법익에 대한 죄 제1장 공공의 안전과 평온에 관한 죄 제1절 공안을 해하는 죄 Ⅰ. 의 의 ············································································ 304 Ⅱ. 구성요건의 체계 ···························································· 304 제2절 폭발물에 관한 죄 Ⅰ. 의 의 ············································································ 307 Ⅱ. 구성요건의 체계 ···························································· 307 제3절 방화와 실화의 죄 Ⅰ. 서 론 ············································································ 309 Ⅱ. 구성요건의 체계 ···························································· 310 제4절 일수와 수리에 관한 죄 Ⅰ. 서 론 ············································································ 314 Ⅱ. 구성요건의 체계 ···························································· 314 제5절 교통방해의 죄 Ⅰ. 서 론 ············································································ 317 Ⅱ. 구성요건의 체계 ···························································· 317 제2장 공공의 신용에 관한 죄 제1절 문서에 관한 죄 Ⅰ. 서 론 ············································································ 321 Ⅱ. 구성요건의 체계 ···························································· 324 제2절 통화에 관한 죄 Ⅰ. 서 론 ············································································ 335 Ⅱ. 구성요건의 체계 ···························································· 335 제3절 유가증권·인지와 우표에 관한 죄 Ⅰ. 서 론 ············································································ 339 Ⅱ. 구성요건의 체계 ···························································· 340 제4절 인장에 관한 죄 Ⅰ. 서 론 ············································································ 343 Ⅱ. 구성요건의 체계 ···························································· 343 제3장 공중의 건강에 관한 죄 제1절 먹는 물에 관한 죄 Ⅰ. 서 론 ············································································ 345 Ⅱ. 구성요건의 체계 ···························································· 345 제2절 아편에 관한 죄 Ⅰ. 서 론 ············································································ 347 Ⅱ. 구성요건의 체계 ···························································· 347 제4장 사회의 도덕에 관한 죄 제1절 성풍속에 관한 죄 Ⅰ. 서 론 ············································································ 350 Ⅱ. 구성요건의 체계 ···························································· 350 제2절 도박과 복표에 관한 죄 Ⅰ. 서 론 ············································································ 353 Ⅱ. 구성요건의 체계 ···························································· 353 제3절 신앙에 관한 죄 Ⅰ. 서 론 ············································································ 355 Ⅱ. 구성요건의 체계 ···························································· 355 제3편 국가적 법익에 대한 죄 제1장 국가의 존립과 권위에 관한 죄 제1절 내란의 죄 Ⅰ. 서 론 ············································································ 358 Ⅱ. 구성요건의 체계 ···························································· 358 제2절 외환의 죄 Ⅰ. 서 론 ············································································ 361 Ⅱ. 구성요건의 체계 ································· |
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제1편 수 사
제1장 수사 일반론 6 제1절수사의 의의와 수사기관 8 제2절수사기관과 피의자 10 제3절수사의 조건 29 제2장 수사의 개시 34 제1절 수사의 단서 34 제2절 변사자의 검시 35 제3절 불심검문 36 제4절 고 소 41 제5절 고 발 60 제6절 자 수 66 제3장 수사의 방법 69 제1절 수사의 기본원칙 69 제2절 임의수사와 강제수사의 구별 72 제3절 임의수사의 방법 82 제4장 강제처분과 강제수사 96 제1절 강제처분과 인권보장 96 제2절 대인적 강제수사 98 제3절 대물적 강제수사 158 제4절 수사상의 증거보전 217 제5장 수사의 종결 225 제1절 수사종결처분 225 제2절 불기소처분에 대한 불복 231 제3절 공소제기 후의 수사 245 제2편 증 거 제1장 증거의 의의와 종류 250 제2장 증명의 기본원칙 258 제1절 증거재판주의 258 제2절 거증책임 269 제3장 증거능력 274 제1절 위법수집증거 배제법칙 274 제2절 자백배제법칙 286 제3절 전문(傳聞)법칙 295 제4절 당사자의 동의와 증거능력 351 제4장 증명력 359 제1절 자유심증주의 359 제2절 자백의 보강법칙 368 제3절 공판조서의 증명력 378 제4절 탄핵증거 382 |
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