▶ 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/5

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/8

제3절 형벌이론 ···················································································································· 9
Ⅰ. 응보형주의/9
Ⅱ. 목적형주의/9
Ⅲ. 결합설/10

제3장 죄형법정주의 11

제1절 죄형법정주의의 의의 ·································································································· 11
Ⅰ. 의 의/11
Ⅱ. 기 능/11
Ⅲ. 법적 근거/11

제2절 죄형법정주의의 내용 ·································································································· 12
Ⅰ. 성문법률주의(법률주의)/12
Ⅱ. 명확성의 원칙/16
Ⅲ. 소급효금지의 원칙/23
Ⅳ. 유추해석의 금지의 원칙/32
Ⅴ. 적정성의 원칙/55

제4장 형법의 적용범위 60

제1절 시간의 적용범위 ········································································································ 60
Ⅰ. 행위시법주의(원칙)/60
Ⅱ. 재판시법주의(예외)/61
Ⅲ. 한시법/68

제2절 장소적 적용범위········································································································· 69
Ⅰ. 개 설/69
Ⅱ. 속지주의/69
Ⅲ. 속인주의/70
Ⅳ. 기국주의/70
Ⅴ. 보호주의/71
Ⅵ. 세계주의/73
Ⅶ. 외국에서 받은 형의 집행/73




제3절 인적 적용범위 ········································································································· 74
Ⅰ. 원 칙/74
Ⅱ. 예 외/74

▶ 제2편 범죄론 ◀

제1장 범죄론의 기초 78

제1절 범죄의 의의와 종류 ·································································································· 78
Ⅰ. 범죄의 의의/78

Ⅱ. 범죄의 성립요건·처벌조건·소추조건/78
Ⅲ. 범죄의 종류/84

제2절 행위론 ······················································································································· 90
Ⅰ. 행위론의 의의/90
Ⅱ. 행위의 기능/91
Ⅲ. 행위론의 종류/91

제3절 범죄체계론 ················································································································ 92
Ⅰ. 범죄체계론의 의의/92
Ⅱ. 범죄체계론의 분류/92

제4절 행위와 주체와 객체 ·································································································· 93
Ⅰ. 행위의 주체/93
Ⅱ. 행위의 객체와 보호의 객체/101

제2장 구성요건론 102

제1절 구성요건의 일반이론 ······························································································· 102
Ⅰ. 구성요건의 의의/102
Ⅱ. 구성요건이론의 발전/102
Ⅲ. 구성요건과 위법성의 관계/103
Ⅳ. 구성요건의 유형/104
Ⅴ. 구성요건의 요소/105


제2절 결과반가치와 행위반가치 ························································································ 106
Ⅰ. 결과반가치와 행위반가치/106
Ⅱ. 결과반가치론과 행위반가치론/106
Ⅲ. 불법의 내용/106

제3절 부작위범 ·················································································································· 107
Ⅰ. 개 설/107
Ⅱ. 부작위범의 의의 및 종류/109
Ⅲ. 부작위범의 (일반적) 성립요건/111
Ⅳ. 부진정부작위범의 특유한 요건/112
Ⅴ. 부진정부작위범의 구성요건/112
Ⅵ. 관련문제/116

제4절 인과관계와 객관적 귀속 ·························································································· 118
Ⅰ. 인과관계의 의의/118
Ⅱ. 인과관계의 유형/118
Ⅲ. 인과관계에 대한 학설/119
Ⅳ. 객관적 귀속이론/124
Ⅴ. 제17조의 해석/128

제5절 구성요건적 고의 ······································································································ 129
Ⅰ. 고의의 의의/129
Ⅱ. 고의의 체계적 지위/130
Ⅲ. 고의의 내용/131
Ⅳ. 고의의 종류/132

제6절 구성요건적 착오 ······································································································ 138
Ⅰ. 개 설/139
Ⅱ. 구성요건적 착오의 유형/140
Ⅲ. 구성요건적 착오에 대한 학설과 판례/141

Ⅳ. 가감적 구성요건에 대한 착오/142
Ⅴ. 인과관계의 착오와 개괄적 고의/143

제7절 과실범 ····················································································································· 145
Ⅰ. 서 설/145
Ⅱ. 과실범의 성립요건/150
Ⅲ. 객관적 주의의무의 제한원리/153
Ⅳ. 관련문제/165

제8절 결과적 가중범 ········································································································· 166
Ⅰ. 결과적 가중범의 의의/166
Ⅱ. 결과적 가중범의 종류/166
Ⅲ. 결과적 자중범의 성립요건/168
Ⅳ. 관련문제/171

제3장 위법성론 174

제1절 위법성의 일반이론 ·································································································· 174
Ⅰ. 위법성의 의의/174
Ⅱ. 위법성의 본질/174
Ⅲ. 위법성의 평가방법/175
Ⅳ. 위법성의 조각사유/175

제2절 정당방위 ·················································································································· 177
Ⅰ. 정당방위의 의의/177
Ⅱ. 정당방위의 성립요건/177
Ⅲ. 정당방위의 효과/184
Ⅳ. 과잉방위와 오상방위/184

제3절 긴급피난 ·················································································································· 186
Ⅰ. 긴급피난의 의의/186
Ⅱ. 긴급피난의 성립요건/187
Ⅲ. 긴급피난의 효과/190
Ⅳ. 과잉피난와 오상피난/190
Ⅴ. 의무의 충돌/190

제4절 자구행위 ·················································································································· 191
Ⅰ. 자구행위의 의의/191
Ⅱ. 자구행위의 성립요건/192
Ⅲ. 자구행위의 효과/194
Ⅳ. 과잉자구행위와 오상자구행위/194

제5절 피해자의 승낙 ·········································································································· 195
Ⅰ. 형법상 피해자의 동의/196
Ⅱ. 양 해/196
Ⅲ. 피해자의 승낙/197
Ⅳ. 추정적 승낙/198

제6절 정당행위 ·················································································································· 199
Ⅰ. 의 의/199
Ⅱ. 법령에 의한 행위/200
Ⅲ. 업무로 인한 행위/209
Ⅳ. 사회상규에 반하지 않는 행위/211

제4장 책임론 224

제1절 책임의 일반이론 ······································································································ 224
Ⅰ. 책임의 의의/224
Ⅱ. 책임의 근거/224
Ⅲ. 책임의 본질/2224

제2절 책임능력 ················································································································ 226
Ⅰ. 책임능력의 의의/226
Ⅱ. 책임무능력자/226
Ⅲ. 한정책임능력자/232
Ⅳ. 원인에 있어 자유로운 행위/234

제3절 위법성의 인식과 금지착오 ······················································································· 236
Ⅰ. 위법성의 인식/236
Ⅱ. 금지착오/237
Ⅲ. 위법성조각사유의 전제사실에 대한 착오/249

제4절 기대가능성 ················································································································ 253
Ⅰ. 기대가능성이론/253
Ⅱ. 강요된 행위/256
Ⅲ. 초법규적 책임조각사유/258

제5장 미수론 260

제1절 미수범의 일반이론 ··································································································· 260
Ⅰ. 범죄실현의 단계/260
Ⅱ. 미수범의 처벌근거/260

제2절 장애미수 ··················································································································· 261
Ⅰ. 의 의/262
Ⅱ. 장애미수의 성립요건/262
Ⅲ. 장애미수의 처벌/263
Ⅳ. 범죄유형별 실행의 착수/263
Ⅴ. 실행의 착수 관련 판례/263

제3절 중지미수 ··················································································································· 271
Ⅰ. 의 의/271
Ⅱ. 중지미수의 성립요건/272
Ⅲ. 중지미수의 처벌/273
Ⅳ. 관련문제/273

제4절 불능미수 ··················································································································· 276
Ⅰ. 의 의/276
Ⅱ. 불능미수의 성립요건/276
Ⅲ. 불능미수의 처벌/278
Ⅳ. 환각범/278

제5절 예비죄 ······················································································································ 281
Ⅰ. 개 설/281
Ⅱ. 예비죄의 법적성격/282
Ⅲ. 예비죄의 성립요건/284
Ⅳ. 관련문제/286

제6장 정범 및 공범론 288

제1절 정범 및 공범의 일반이론 ························································································· 288
Ⅰ. 개 설/288
Ⅱ. 임의적 공범과 필요적 공범/288
Ⅲ. 정범과 공범의 구별/293
Ⅳ. 공범의 종속성/295

제2절 간접정범 ·················································································································· 297
Ⅰ. 개 설/297
Ⅱ. 간접정범의 성립요건/298
Ⅲ. 간접정범의 처벌/299
Ⅳ. 관련문제/300

제3절 공동정범 ··················································································································· 304
Ⅰ. 의 의/304
Ⅱ. 공동정범의 성립요건/305
Ⅲ. 공동정범의 처벌/320
Ⅳ. 공동정범의 착오/320
Ⅴ. 동시범/321
Ⅵ. 합동범/324

제4절 교사범 ······················································································································ 326
Ⅰ. 의 의/326
Ⅱ. 교사범의 성립요건/326
Ⅲ. 교사범의 처벌/330
Ⅳ. 교사의 착오/330
Ⅴ. 관련문제/332

제5절 종 범 ························································································································ 333
Ⅰ. 의 의/333
Ⅱ. 종범의 성립요건/333
Ⅲ. 종범의 처벌/340
Ⅳ. 방조의 착오/341
Ⅴ. 관련문제/342

제6절 공범과 신분 ·············································································································· 343
Ⅰ. 개 설/343
Ⅱ. 제33조 해석론/344
Ⅲ. 소극적 신분과 공범/348

제7장 죄수론 351

제1절 죄수의 일반이론 ······································································································· 351
Ⅰ. 죄수론의 의의/351
Ⅱ. 죄수결정의 기준/351
Ⅲ. 수죄의 처벌/351

제2절 일 죄 ························································································································ 352
Ⅰ. 개 설/352
Ⅱ. 법조경합/352
Ⅲ. 포괄일죄/356

제3절 수 죄 ························································································································· 366
Ⅰ. 상상적 경합/366
Ⅱ. 실체적 경합/371

▶ 제3편 형벌론 ◀

제1절 형벌의 종류 ·············································································································· 386
Ⅰ. 형벌의 의의/386
Ⅱ. 형벌의 종류/386
Ⅲ. 사 형/386
Ⅳ. 자유형/387
Ⅴ. 명예형/387
Ⅵ. 재산형/388
Ⅶ. 형의 경중/400

제2절 형의 양정 ················································································································· 401
Ⅰ. 의 의/401
Ⅱ. 형의 가중·감경·면제/401
Ⅲ. 양 형/408
Ⅳ. 미결구금 및 판결의 공시/409
Ⅴ. 판결의 공시/410

제3절 누 범 ························································································································ 411
Ⅰ. 의 의/411
Ⅱ. 누범가중의 요건/411
Ⅲ. 누범의 효과/412
Ⅳ. 특가법상 누범 등 가중처벌/415

제4절 선고유예·집행유예·가석방 ···················································································· 418
Ⅰ. 선고유예/418
Ⅱ. 집행유예/421
Ⅲ. 가석방/427

제5절 형의 시효·소멸·기간 ····························································································· 430
Ⅰ. 형의 시효/430
Ⅱ. 형의 소멸·실효/431
Ⅲ. 복권과 사면/432
Ⅳ. 형의 기간/433

제6절 보안처분 ··················································································································· 433
Ⅰ. 의 의/433
Ⅱ. 형벌과 보안처분의 관계/434
Ⅲ. 현행법상 보안처분/434

판례색인 ····························································································································· 436

▶ 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/7
Ⅴ. 촉탁·승낙살인죄/8
Ⅵ. 자살교사·방조죄/8
Ⅶ. 위계·위력에 의한 살인죄/9
Ⅷ. 살인예비·음모죄/9

제2절 상해와 폭행의 죄 ·································································································· 10
Ⅰ. 개 설/11
Ⅱ. 상해죄/11
Ⅲ. 존속상해죄/16
Ⅳ. 중상해죄/16
Ⅴ. 존속중상해죄/17
Ⅵ. 특수상해죄/17
Ⅶ. 상해치사죄·존속상해치사죄/17
Ⅷ. 상해죄의 동시범특례/17
Ⅸ. 폭행죄/18
Ⅹ. 존속폭행죄/20
Ⅺ. 특수폭행죄/20
Ⅻ. 폭행치사상죄/25
XⅢ. 상습상해·폭행죄/25

제3절 과실치사상의 죄 ·································································································· 26
Ⅰ. 개 설/26
Ⅱ. 과실치상죄/27
Ⅲ. 과실치사죄/27
Ⅳ. 업무상과실·증과실치사상죄/27

제4절 낙태의 죄 ············································································································· 35
Ⅰ. 개 설/36
Ⅱ. 자기낙태죄/36
Ⅲ. 동의낙태죄/37
Ⅳ. 업무상동의낙태죄/37
Ⅴ. 부동의낙태죄/38
Ⅵ. 낙태치사상죄/38

제5절 유기와 학대의 죄 ································································································· 39
Ⅰ. 개 설/39
Ⅱ. 유기죄/40
Ⅲ. 존속유기죄/42
Ⅳ. 중유기죄·존속중유기죄/42
Ⅴ. 영아유기죄/42
Ⅵ. 학대죄/43
Ⅶ. 존속학대죄/44
Ⅷ. 아동혹사죄/45
Ⅸ. 유기치사상죄/45

제2장 자유에 대한 죄 46

제1절 협박의 죄 ············································································································· 46
Ⅰ. 개 설/46
Ⅱ. 협박죄/46
Ⅲ. 존속협박죄/52
Ⅳ. 특수협박죄/52
Ⅴ. 상습협박죄/52

제2절 강요의 죄 ··············································································································· 52
Ⅰ. 개 설/53
Ⅱ. 강요죄/53
Ⅲ. 특수강요죄/56
Ⅳ. 중강요죄/57
Ⅴ. 인질강요죄/57
Ⅵ. 인질상해·치상죄/58
Ⅶ. 인질살해·치사죄/58

제3절 체포와 감금의 죄 ··································································································· 58
Ⅰ. 개 설/59
Ⅱ. 체포·감금죄/59
Ⅲ. 존속체포·감금죄/63
Ⅳ. 중체포·감금죄, 존속체포·감금죄/63
Ⅴ. 특수체포·감금죄/64
Ⅵ. 상습체포·감금죄/64
Ⅶ. 체포·감금치사상죄/64

제4절 약취·유인 및 인신매매의 죄 ················································································· 65
Ⅰ. 개 설/66
Ⅱ. 미성년자 약취·유인죄/66
Ⅲ. 추행·간음·결혼·영리목적약취·유인죄/70
Ⅳ. 노동력 착취·성매매와 성적착취·장기적출
목적 약취·유인죄/70
Ⅴ. 국외이송목적 약취·유인죄/71
Ⅵ. 피약취·유인자 국외이송죄/71
Ⅶ. 인신매매죄/71
Ⅷ. 추행·간음·결혼·영리목적 인신매매죄/72
Ⅸ. 노동력 착취·성매매와 성적착취·장기적출
목적 인신매매죄/72
Ⅹ. 국외이송목적 인신매매죄/72
Ⅺ. 피매매자 국외이송죄/73
Ⅻ. 피약취·유인·매매·이송자 상해·치상죄/73
XⅢ. 피약취·유인·매매·이송자 살인·치사죄/73
ⅪⅤ. 피약취·유인·매매·이송자 수수·은닉죄/73
ⅩⅤ. 약취·유인·매매·이송목적 모집·운송·전달죄/74

제5절 강간과 추행의 죄 ··································································································· 74
Ⅰ. 개 설/75
Ⅱ. 강간죄/75
Ⅲ. 유사강간죄/79
Ⅳ. 강제추행죄/80
Ⅴ. 준강간죄·준강제추행죄/85
Ⅵ. 미성년자의제강간·강제추행죄/87
Ⅶ. 강간상해·치상죄, 강간살인·치사죄/88
Ⅷ. 미성년자·심신미약자 간음·추행죄/90
Ⅸ. 피감호자간음죄/92
Ⅹ. 피구금자간음죄/93
Ⅺ. 상습범/93
Ⅻ. 성범죄에 대한 특별형법/93

제3장 명예와 신용에 대한 죄 100

제1절 명예에 관한 죄 ···································································································· 100
Ⅰ. 개 설/100
Ⅱ. 명예훼손죄/101
Ⅲ. 사자명예훼손죄/121
Ⅳ. 출판물에 의한 명예훼손죄/122
Ⅴ. 모욕죄/125
Ⅵ. 명예에 관한 죄의 비교/130
Ⅶ. 정보통신망법위반(명예훼손)죄/131

제2절 신용·업무와 경매에 관한 죄 ··············································································· 133
Ⅰ. 개 설 /133
Ⅱ. 신용훼손죄/133
Ⅲ. 업무방해죄/135
Ⅳ. 컴퓨터업무방해죄/154
Ⅴ. 경매·입찰방해죄/156
Ⅵ. 명예훼손죄와 비교/160

제4장 사생활의 평온에 대한 죄 161

제1절 비밀침해의 죄 ······································································································· 161
Ⅰ. 개 설 /161
Ⅱ. 비밀침해죄/161
Ⅲ. 업무상비밀누설죄 /163




제2절 주거침해의 죄 ······································································································· 164
Ⅰ. 개 설/165
Ⅱ. 주거침입죄/165
Ⅲ. 퇴거불응죄/178
Ⅳ. 특수주거침입죄/178
Ⅴ. 주거·신체수색죄/179

제5장 재산에 대한 죄 180

제1절 재산죄의 기본개념 ································································································ 180
Ⅰ. 재산죄의 분류/180
Ⅱ. 재산죄의 객체/180
Ⅲ. 형법상의 점유/187
Ⅳ. 불법영득의사/193
Ⅴ. 친족상도례/199

제2절 절도의 죄 ·············································································································· 203
Ⅰ. 개 설 /204
Ⅱ. 절도죄/204
Ⅲ. 야간주거침입절도죄/210
Ⅳ. 특수절도죄/211
Ⅴ. 자동차 등 불법사용죄/212
Ⅵ. 상습절도죄/213

제3절 강도의 죄 ··············································································································· 213
Ⅰ. 개 설 /215
Ⅱ. 강도죄/215
Ⅲ. 특수강도죄/220
Ⅳ. 준강도죄·준특수강도죄/220
Ⅴ. 인질강도죄/225
Ⅵ. 강도상해·치상죄/225
Ⅶ. 강도살인·치사죄/228
Ⅷ. 강도강간죄/231
Ⅸ. 해상강도죄, 해상강도상해·치상·살인·치사·강간죄/232
Ⅹ. 상습강도죄/233
Ⅺ. 강도예비·음모죄/233

제4절 사기의 죄 ·············································································································· 234
Ⅰ. 개 설 /235
Ⅱ. 사기죄 /237
Ⅲ. 컴퓨터 등 사용사기죄/277
Ⅳ. 신용카드 관련 범죄/280
Ⅴ. 준사기죄/287
Ⅵ. 편의시설부정이용죄/288
Ⅶ. 부당이득죄/288
Ⅷ. 상습사기죄/289

제5절 공갈의 죄 ··············································································································· 290
Ⅰ. 개 설/290
Ⅱ. 공갈죄 /291
Ⅲ. 특수공갈죄/297
Ⅳ. 상습공갈죄/297

제6절 횡령의 죄 ··············································································································· 297
Ⅰ. 개 설/298
Ⅱ. 횡령죄 /299
Ⅲ. 업무상횡령죄/350
Ⅳ. 점유이탈물횡령죄 /350

제7절 배임의 죄 ··············································································································· 351
Ⅰ. 개 설/351
Ⅱ. 배임죄 /352
Ⅲ. 업무상배임죄/387
Ⅳ. 배임수재죄/388
Ⅴ. 배임증재죄/397

제8절 장물의 죄 ·············································································································· 398
Ⅰ. 개 설/398
Ⅱ. 장물죄 /402
Ⅲ. 상습장물죄/407
Ⅳ. 업무상과실·중과실장물죄/407

제9절 손괴의 죄 ·············································································································· 408
Ⅰ. 개 설/409
Ⅱ. 재물손괴죄/409
Ⅲ. 공익건조물파괴죄 /415
Ⅳ. 중손괴죄·손괴치사상죄/416
Ⅴ. 특수손괴죄/416
Ⅵ. 경계침범죄/416

제10절 권리행사를 방해하는 죄 ······················································································ 418
Ⅰ. 개 설 /419
Ⅱ. 권리행사방해죄/419
Ⅲ. 점유강취죄/425
Ⅳ. 준점유강취죄/426
Ⅴ. 중권리행사방해죄/426
Ⅵ. 강제집행면탈죄/426

▶ 제2편 사회적 법익에 대한 죄 ◀

제1장 공공의 안전과 평온에 대한 죄 436

제1절 공안을 해하는 죄 ···································································································· 436
Ⅰ. 개 설 /436
Ⅱ. 범죄단체 등 조직죄/437
Ⅲ. 소요죄 /441
Ⅳ. 다중불해산죄/442
Ⅴ. 전시공수계약불이행죄/443
Ⅵ. 공무원자격사칭죄/443

제2절 폭발물에 관한 죄 ··································································································· 444
Ⅰ. 개 설/444
Ⅱ. 폭발물사용죄/445
Ⅲ. 전시폭발물사용죄/445
Ⅳ. 폭발물사용 예비·음모·선동죄/445
Ⅴ. 전시폭발물 제조·수입·수출·수수·소지죄/445

제3절 방화와 실화의 죄 ·································································································· 446
Ⅰ. 개 설/447
Ⅱ. 현주건조물 등 방화죄/448
Ⅲ. 현주건조물 등 방화치사상죄/451
Ⅳ. 공용건조물 등 방화죄/452
Ⅴ. 일반건조물 등 방화죄/452
Ⅵ. 일반물건방화죄/453
Ⅶ. 연소죄 /454
Ⅷ. 진화방해죄/454
Ⅸ. 폭발성물건파열죄/454
Ⅹ. 폭발성물건파열치사상죄/455
Ⅺ. 가스·전기 등 방류죄/455
Ⅻ. 가스·전기 등 방류치사상죄/455
XⅢ. 가스·전기 등 공급방해죄/455
ⅪⅤ. 가스·전기 등 공급방해치사상죄/455
ⅩⅤ. 방화 등 예비·음모죄/455
XⅥ. 실화죄 /456
XⅦ. 업무상실화·중실화죄/456
XⅧ.. 과실폭발성물건파열 등 죄/457

제4절 일수와 수리에 관한 죄 ·························································································· 458
Ⅰ. 개 설/459
Ⅱ. 현주건조물 등 일수죄/459
Ⅲ. 현주건조물일수치사상죄/459
Ⅳ. 공용건조물 등 일수죄/459
Ⅴ. 일반건조물 등 일수죄/460
Ⅵ. 방수방해죄/460
Ⅶ. 과실일수죄/460
Ⅷ. 일수예비·음모죄/460
Ⅸ. 수리방해죄/460

제5절 교통방해의 죄 ······································································································· 461
Ⅰ. 개 설/462
Ⅱ. 일반교통방해죄/462
Ⅲ. 기차·선박 등 교통방해죄/466
Ⅳ. 기차 등 전복죄/466
Ⅴ. 교통방해치사상죄 /467
Ⅵ. 과실교통방해죄/467
Ⅶ. 업무상과실·중과실교통방해죄/468

제2장 공공의 신용에 대한 죄 470

제1절 통화에 관한 죄 ······································································································ 470
Ⅰ. 개 설/471
Ⅱ. 내국통화 위조·변조죄/471
Ⅲ. 내국유통 외국통화 위조·변조죄/473
Ⅳ. 외국통용 외국통화 위조·변조죄/473
Ⅴ. 위조·변조통화 행사 등 죄/474
Ⅵ. 위조·변조통화 취득죄/475
Ⅶ. 위조통화취득후 지정행사죄/476
Ⅷ. 통화유사물제조·수입·수출죄/476
Ⅸ. 통화위조·변조 예비·음모죄/476

제2절 유가증권·인지와 우표에 관한 죄 ········································································· 477
Ⅰ. 개 설/478
Ⅱ. 유가증권 위조·변조죄/478
Ⅲ. 기재의 위조·변조죄/483
Ⅳ. 자격모용에 의한 유가증권작성죄/484
Ⅴ. 허위유가증권작성죄/485
Ⅵ. 위조 등 유가증권 행사·수입·수출죄/487
Ⅶ. 인지·우표 위조·변조죄/488
Ⅷ. 위조·변조 인지·우표 행사·수입·수출죄/488
Ⅸ. 위조·변조 인지·우표 취득죄/489
Ⅻ. 소인말소죄/489
XⅢ. 인지·우표유사물 제조·수입·수출죄/489
ⅪⅤ. 예비·음모죄/489

제3절 문서에 관한 죄 ······································································································ 490
Ⅰ. 개 설/491
Ⅱ. 사문서위조·변조죄/499
Ⅲ. 자격모용에 의한 사문서작성죄/512
Ⅳ. 사전자기록 위작·변작죄/515
Ⅴ. 공문서위조·변조죄/518
Ⅵ. 자격모용에 의한 공문서작성죄/520
Ⅶ. 공전자기록 위작·변작죄/521
Ⅷ. 허위진단서 등 작성죄/523
Ⅸ. 허위공문서작성죄 /525
Ⅹ. 공정증서원본 등 부실기재죄/533
Ⅺ. 위조·변조·작성 사문서행사죄/545
Ⅻ. 위조·변조 등 공문서행사죄/547
XⅢ. 사문서부정행사죄/548
ⅪⅤ. 공문서부정행사죄 /549

제4절 인장에 관한 죄 ······································································································ 552
Ⅰ. 개 설/552
Ⅱ. 사인 등 위조·부정사용죄/553
Ⅲ. 위조사인 등 행사죄/556
Ⅳ. 공인 등 위조·부정사용죄/556
Ⅴ. 위조공인 등 행사죄/557

제3장 공중의 건강에 대한 죄 559

제1절 음용수에 관한 죄 ·································································································· 559
Ⅰ. 개 설/559
Ⅱ. 음용수사용방해죄/559
Ⅲ. 음용수유해물혼입죄/559
Ⅳ. 수도음용수사용방해죄/559
Ⅴ. 수도음용수유해물혼입죄/559
Ⅵ. 음용수혼독치사상죄/560
Ⅶ. 수도불통죄/560

제2절 아편에 관한 죄 ····································································································· 560
Ⅰ. 개 설/561
Ⅱ. 아편흡식죄/561
Ⅲ. 아편흡식장소제공죄/561
Ⅳ. 아편 등 제조·수입·판매·판매목적 소지죄/562
Ⅴ. 아편흡식기 제조·수입·판매·판매목적 소지죄 /562
Ⅵ. 세관공무원의 아편 등 수입·수입허용죄 /562
Ⅶ. 상습아편흡식·제조·수입·판매죄/562
Ⅷ. 아편 등 소지죄/562

제4장 사회의 도덕에 대한 죄 563

제1절 성풍속에 관한 죄 ································································································· 563
Ⅰ. 개 설/563
Ⅱ. 음행매개죄/563
Ⅲ. 음화 등 반포·판매·임대·공연전시죄/564
Ⅳ. 음화 등 제조·소지·수입·수출죄/568
Ⅴ. 공연음란죄/568
Ⅵ. 기타 특별형법/570

제2절 도박과 복표에 관한 죄 ························································································ 570
Ⅰ. 개 설/571
Ⅱ. 도박죄 /571
Ⅲ. 상습도박죄/573
Ⅳ. 도박장소 등 개설죄/573
Ⅴ. 복표발매·중개·취득죄/574

제3절 신앙에 관한 죄 ···································································································· 575
Ⅰ. 개 설/576
Ⅱ. 장례식 등 방해죄 /576
Ⅲ. 사체 등 오욕죄/577
Ⅳ. 분묘발굴죄/577
Ⅴ. 사체 등 손괴·유기·은닉·영득죄/578
Ⅵ. 변사체검시방해죄 /578

▶ 제3편 국가적 법익에 대한 죄 ◀

제1장 국가의 존립과 권위에 대한 죄 580

제1절 내란의 죄 ·············································································································· 580
Ⅰ. 개 설/580
Ⅱ. 내란죄/581
Ⅲ. 내란목적살인죄/582
Ⅳ. 내란예비·음모·선동·선전죄/583

제2절 외환의 죄 ·············································································································· 584
Ⅰ. 개 설/586
Ⅱ. 외환유치죄/586
Ⅲ. 여적죄 /586
Ⅳ. 모병이적죄/586
Ⅴ. 시설제공이적죄/586
Ⅵ. 시설파괴이적죄/587
Ⅶ. 물건제공이적죄/587
Ⅷ. 일반이적죄/587
Ⅸ. 간첩죄 /587
Ⅹ. 전시군수계약불이행죄/590
Ⅺ. 외환예비·음모·선동·선전죄/591

제3절 국기에 관한 죄 ······································································································ 591
Ⅰ. 개 설/591
Ⅱ. 국기·국장모독죄/591
Ⅲ. 국기·국장비방죄/591

제4절 국교에 관한 죄 ······································································································ 592
Ⅰ. 개 설/592
Ⅱ. 외국원수에 대한 폭행 등 죄/593
Ⅲ. 외국사절에 대한 폭행 등 죄/593
Ⅳ. 외국국기·국장모독죄/593
Ⅴ. 외국에 대한 사전(私戰)죄/593
Ⅵ. 중립명령위반죄/593
Ⅶ. 외교상기밀누설죄 /594

제2장 국가의 기능에 대한 죄 595

제1절 공무원의 직무에 관한 죄 ······················································································· 595
Ⅰ. 개 설/596
Ⅱ. 직무유기죄/597
Ⅲ. 피의사실공표죄/604
Ⅳ. 공무상비밀누설죄/604
Ⅴ. 직권남용죄/607
Ⅵ. 불법체포·감금죄/614
Ⅶ. 폭행·가혹행위죄/615
Ⅷ. 선거방해죄/616
Ⅸ. 뇌물죄의 일반이론/616
Ⅹ. 수뢰죄(뇌물수수죄)/628
Ⅺ. 사전수뢰죄/636
Ⅻ. 제3자뇌물공여죄/637
XⅢ. 수뢰후부정처사죄/639
ⅪⅤ. 부정처사후수뢰죄/641
ⅩⅤ. 사후수뢰죄/642
ⅩⅥ . 알선수뢰죄/642
ⅩⅦ . 증뢰죄/645

제2절 공무방해에 관한 죄 ································································································ 648
Ⅰ. 개 설/649
Ⅱ. 공무집행방해죄/649
Ⅲ. 직무·사직강요죄/661
Ⅳ. 위계에 의한 공무집행방해죄/661
Ⅴ. 법정·국회의장모욕죄/672
Ⅵ. 인권옹호직무방해죄/672
Ⅶ. 공무상비밀표시무효죄/672
Ⅷ. 공무상비밀침해죄 /676
Ⅸ. 부동산강제집행효용침해죄/676
Ⅹ. 공용서류 등 무효죄/676
Ⅺ. 공용물파괴죄/679
Ⅻ. 공무상보관물무효죄/680
XⅢ. 특수공무방해죄·특수공무방해치사상죄/680

제3절 도주와 범인은닉의 죄 ····························································································· 681
Ⅰ. 개 설/682
Ⅱ. 도주죄/682
Ⅲ. 집합명령위반죄/683
Ⅳ. 특수도주죄/683
Ⅴ. 도주원조죄/683
Ⅵ. 간수자도주원조죄/684
Ⅶ. 범인은닉죄/684

제4절 위증과 증거인멸의 죄 ····························································································· 692
Ⅰ. 개 설/692
Ⅱ. 위증죄 /693
Ⅲ. 모해위증죄/700
Ⅳ. 허위감정·통역·번역죄/701
Ⅴ. 증거인멸죄/702
Ⅵ. 증인은닉·도피죄/706
Ⅶ. 모해증거인멸죄/706

제5절 무고의 죄 ················································································································ 707
Ⅰ. 개 설/707
Ⅱ. 무고죄/707

판례색인 ····························································································································· 720

PART Ⅰ 형법 총론

제1편 서론 7
제1절 형법의 기본개념 8
제2절 형법의 발전 9
제3절 죄형법정주의 10
제4절 형법의 적용범위 44

제2편 범죄론 67
제1장 범죄론의 기초(범죄의 의의와 종류, 행위의 주체와 객체 등) 68
제2장 구성요건론 90
제1절 구성요건의 일반이론 90
제2절 결과반가치와 행위반가치 90
제3절 부작위범 91
제4절 인과관계와 객관적 귀속 113
제5절 구성요건적 고의 132
제6절 구성요건적 착오 146
제7절 과실범 163
제8절 결과적 가중범 185
제3장 위법성론 206
제1절 위법성의 일반이론 206
제2절 정당방위 210
제3절 긴급피난 217
제4절 자구행위 220
제5절 피해자의 승낙 223
제6절 정당행위 238
제4장 책임론 270
제1절 책임의 일반이론 270
제2절 책임능력 272
제3절 위법성의 인식과 금지착오 291
제4절 기대가능성 321
제5장 미수론 336
제1절 미수범의 일반이론 336
제2절 장애미수 361
제3절 중지미수 362
제4절 불능미수 365
제5절 예비죄 378
제6장 정범 및 공범론 389
제1절 정범 및 공범의 일반이론(필요적 공범) 389
제2절 간접정범 398
제3절 공동정범(동시범, 합동범) 405
제4절 교사범 430
제5절 종범 440
제6절 공범과 신분 461
제7장 죄수론 477
제1절 죄수의 일반이론 477
제2절 일죄 479
제3절 수죄(상상적 경합, 실체적 경합) 491

제3편 형벌론 523
제1절 형벌의 종류 524
제2절 형의 양정 537
제3절 누범 547
제4절 선고유예･집행유예･가석방 552
제5절 형의 시효･소멸･기간 570
제6절 보안처분 576

PART Ⅱ 형법 각론

제1편 개인적 법익에 대한 죄 7
제1장 생명과 신체에 대한 죄 8
제1절 살인의 죄 8
제2절 상해와 폭행의 죄 14
제3절 과실치사상의 죄 32
제4절 낙태의 죄 34
제5절 유기와 학대의 죄 35
제2장 자유에 대한 죄 43
제1절 협박의 죄 43
제2절 강요의 죄 53
제3절 체포와 감금의 죄 57
제4절 약취･유인 및 인신매매의 죄 61
제5절 강간과 추행의 죄 70
제3장 명예와 신용에 대한 죄 99
제1절 명예에 관한 죄(명예훼손죄, 모욕죄 등) 99
제2절 신용･업무와 경매에 관한 죄(신용훼손죄, 업무방해죄 등) 134
제4장 사생활의 평온에 대한 죄 154
제1절 비밀침해죄 154
제2절 주거침입죄 156
제5장 재산에 대한 죄 175
제1절 재산죄의 기본개념 175
제2절 절도의 죄 192
제3절 강도의 죄 206
제4절 사기의 죄 221
제5절 공갈의 죄 257
제6절 횡령의 죄 268
제7절 배임의 죄 293
제8절 장물의 죄 333
제9절 손괴의 죄 348
제10절 권리행사를 방해하는 죄 357

제2편 사회적 법익에 대한 죄 379
제1장 공공의 안전과 평온에 대한 죄 380
제1절 공안을 해하는 죄 380
제2절 폭발물에 관한 죄 384
제3절 방화와 실화의 죄 385
제4절 일수와 수리에 관한 죄 398
제5절 교통방해의 죄 399
제2장 공공의 신용에 대한 죄 406
제1절 통화에 관한 죄 406
제2절 유가증권･인지와 우표에 관한 죄 409
제3절 문서에 관한 죄 414
제4절 인장에 관한 죄 462
제3장 공중의 건강에 대한 죄 465
제1절 음용수에 관한 죄 465
제2절 아편에 관한 죄 465
제4장 사회의 도덕에 대한 죄 465
제1절 성풍속에 관한 죄 465
제2절 도박과 복표에 관한 죄 468
제3절 신앙에 관한 죄 471

제3편 국가적 법익에 대한 죄 475
제1장 국가의 존립과 권위에 대한 죄 476
제1절 내란의 죄 476
제2절 외환의 죄 476
제3절 국기에 관한 죄 477
제4절 국교에 관한 죄 478
제2장 국가의 기능에 대한 죄 478
제1절 공무원의 직무에 관한 죄 478
제2절 공무방해에 관한 죄 524
제3절 도주와 범인은닉의 죄 553
제4절 위증과 증거인멸의 죄 559
제5절 무고의 죄 572

제4편 종합문제 595