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도서명 형법요론(2021) 이론 판례 사례 기본서
저자 신호진
출판사 문형사
ISBN 9791189917968
출판년도 2021년 02월 04일
소비자가격 65,000원
판매가격 58,500원
구매권수
적 립 금 585
 

목차

형법총론

제1편 형법의 일반이론

제1장 형법의 기본개념
제1절 형법의 의의와 성격 ······················································································ 5
[1] 형법의 의의/ 5 [2] 형법의 성격/ 5
제2절 형법의 기능 ································································································· 7
[1] 규제적 기능/ 7 [2] 보호적 기능/ 7 [3] 보장적 기능/ 8
제3절 형법의 발전 ······························································································· 9
[1] 형법의 역사/ 9 [2] 위험사회와 위험형법/ 9

제2장 형법의 기본원리
제1절 죄형법정주의 ······························································································ 11
[1] 죄형법정주의의 의의/ 11 [2] 죄형법정주의의 연혁과 사상적 배경/ 12
[3] 죄형법정주의의 현대적 의의/ 12 [4] 죄형법정주의의 내용/ 13
제2절 형법이론 ···································································································· 42
[1] 형법학파/ 42 [2] 형벌이론/ 45 [3] 범죄이론/ 47

제3장 형법의 적용범위
제1절 형법의 시간적 적용범위 ··············································································· 49
[1] 서 설/ 49 [2] 형법의 태도/ 49 [3] 한시법/ 60
제2절 형법의 장소적 적용범위 ·············································································· 65
[1] 서 설/ 65 [2] 형법의 태도/ 66
제3절 형법의 인적 적용범위 ················································································· 72
[1] 의 의/ 72 [2] 예 외/ 72

제2편 범 죄 론

제1장 범죄론의 기초
제1절 범죄의 의의와 종류 ····················································································· 77
[1] 범죄의 의의와 본질/ 77 [2] 범죄의 성립요건·처벌조건·소추조건/ 78
[3] 범죄의 종류/ 81
제2절 행위론 ······································································································· 89
[1] 서 설/ 89 [2] 행위론의 종류/ 90
제3절 범죄체계론 ································································································ 93
[1] 범죄체계론의 의의/ 93 [2] 범죄체계론의 현황/ 94
제4절 행위의 주체와 객체 ····················································································· 95
[1] 행위의 주체/ 95 [2] 행위의 객체와 보호의 객체/ 103

제2장 구성요건론
제1절 구성요건의 일반이론 ················································································· 105
[1] 구성요건의 의의/ 105 [2] 구성요건과 위법성의 관계/ 106
[3] 구성요건의 요소/ 107 [4] 구성요건해당성배제사유/ 108
제2절 결과반가치와 행위반가치 ··········································································· 109
[1] 결과반가치와 행위반가치/ 109 [2] 결과반가치론과 행위반가치론/ 109
[3] 결과반가치와 행위반가치의 내용/ 111
제3절 부작위범 ·································································································· 113
[1] 부작위/ 113 [2] 부작위범/ 115
[3] 부진정부작위범의 구성요건/ 119 [4] 관련문제/ 129
제4절 인과관계와 객관적 귀속 ············································································· 132
[1] 서 설/ 132 [2] 인과관계에 관한 학설/ 134
[3] 객관적 귀속이론/ 143 [4] 형법 제17조의 해석/ 150
제5절 구성요건적 고의 ······················································································· 151
[1] 고의의 의의와 본질/ 151 [2] 고의의 체계적 지위/ 152
[3] 고의의 내용/ 153 [4] 고의의 종류/ 155
제6절 구성요건적 착오 ······················································································· 163
[1] 서 설/ 163 [2] 구성요건적 착오의 유형/ 164
[3] 구성요건적 착오에 관한 학설과 판례/ 166
[4] 가감적 구성요건요소에 대한 착오/ 171
[5] 인과관계의 착오와 개괄적 고의/ 173 [6] 관련문제/ 178
제7절 과실범 ····································································································· 179
[1] 서 설/ 179 [2] 과실범의 성립요건/ 183
[3] 객관적 주의의무의 제한원리/ 192 [4] 관련문제/ 199
제8절 결과적 가중범 ·························································································· 200
[1] 서 설/ 200 [2] 결과적 가중범의 성립요건/ 203
[3] 관련문제/ 209

제3장 위법성론
제1절 위법성의 일반이론 ···················································································· 215
[1] 위법성의 의의/ 215 [2] 위법성의 본질/ 216
[3] 위법성의 평가방법/ 217 [4] 위법성조각사유/ 218
제2절 정당방위 ·································································································· 224
[1] 서 설/ 224 [2] 정당방위의 성립요건/ 225
[3] 정당방위의 효과/ 237 [4] 과잉방위와 오상방위/ 238
제3절 긴급피난 ·································································································· 244
[1] 서 설/ 244 [2] 긴급피난의 성립요건/ 246
[3] 긴급피난의 효과/ 252 [4] 과잉피난과 오상피난/ 253
[5] 의무의 충돌/ 254
제4절 자구행위 ·································································································· 258
[1] 서 설/ 258 [2] 자구행위의 성립요건/ 259
[3] 자구행위의 효과/ 263 [4] 과잉자구행위와 오상자구행위/ 264
제5절 피해자의 승낙 ·························································································· 266
[1] 양 해/ 266 [2] 피해자의 승낙/ 268
[3] 추정적 승낙/ 273
제6절 정당행위 ·································································································· 277
[1] 서 설/ 277 [2] 법령에 의한 행위/ 278
[3] 업무로 인한 행위/ 286 [4] 사회상규에 위배되지 않는 행위/ 291

제4장 책임론
제1절 책임의 일반이론 ······················································································· 300
[1] 서 설/ 300 [2] 책임의 근거/ 301
[3] 책임의 본질/ 303 [4] 책임의 판단/ 306
제2절 책임능력 ·································································································· 308
[1] 서 설/ 308 [2] 책임무능력자/ 309
[3] 한정책임능력자/ 314 [4] 원인에 있어서 자유로운 행위/ 316
제3절 위법성의 인식과 금지착오 ········································································· 324
[1] 위법성의 인식/ 324 [2] 금지착오/ 328
[3] 위법성조각사유의 전제사실에 대한 착오/ 341
제4절 기대가능성 ······························································································· 346
[1] 기대가능성이론/ 346 [2] 강요된 행위/ 351
[3] 초법규적 책임조각사유/ 355

제5장 미수론
제1절 미수범의 일반이론 ···················································································· 357
[1] 범죄실현의 단계/ 357 [2] 미수범의 처벌근거/ 359
제2절 장애미수 ·································································································· 361
[1] 의 의/ 361 [2] 장애미수의 성립요건/ 361
[3] 장애미수의 처벌/ 368 [4] 관련문제/ 369
제3절 중지미수 ·································································································· 370
[1] 서 설/ 370 [2] 중지미수의 성립요건/ 371
[3] 중지미수의 처벌/ 379 [4] 관련문제/ 380
제4절 불능미수 ·································································································· 385
[1] 서 설/ 385 [2] 불능미수의 성립요건/ 386
[3] 불능미수의 처벌 및 관련문제/ 392
제5절 예비죄 ···································································································· 395
[1] 서 설/ 395 [2] 예비죄의 법적 성격/ 396
[3] 예비죄의 성립요건/ 397 [4] 관련문제/ 400

제6장 정범 및 공범론
제1절 정범·공범의 일반이론 ················································································ 403
[1] 서 설/ 403 [2] 정범과 공범의 구별/ 408
[3] 공범의 종속성과 처벌근거/ 414
제2절 간접정범 ·································································································· 418
[1] 서 설/ 418 [2] 간접정범의 성립요건/ 419
[3] 간접정범의 처벌/ 425 [4] 관련문제/ 425
[5] 특수교사·방조/ 429
제3절 공동정범 ·································································································· 430
[1] 서 설/ 430 [2] 공동정범의 성립요건/ 432
[3] 공동정범의 처벌/ 451 [4] 관련문제/ 452
제4절 교사범 ····································································································· 465
[1] 서 설/ 465 [2] 교사범의 성립요건/ 466
[3] 교사의 착오/ 472 [4] 교사범의 처벌/ 475
[5] 관련문제/ 475
제5절 종 범 ······································································································ 478
[1] 서 설/ 478 [2] 종범의 성립요건/ 479
[3] 종범의 착오/ 487 [4] 종범의 처벌/ 489
[5] 관련문제/ 489
제6절 공범과 신분 ····························································································· 491
[1] 서 설/ 491 [2] 형법 제33조의 해석론/ 493
[3] 소극적 신분과 공범/ 501 [4] 입법론/ 503

제7장 죄수론
제1절 죄수의 일반이론 ······················································································· 504
[1] 죄수론의 의의/ 504 [2] 죄수결정의 기준/ 504
[3] 수죄의 처벌/ 508
제2절 일 죄 ······································································································ 509
[1] 서 설/ 509 [2] 법조경합 / 509 [3] 포괄일죄/ 519
제3절 수 죄 ······································································································ 530
[1] 상상적 경합/ 530 [2] 실체적 경합/ 539

제3편 형 벌 론
제1절 형벌의 종류 ····························································································· 551
[1] 서 설/ 551 [2] 사 형/ 551 [3] 자유형/ 552
[4] 재산형/ 553 [5] 명예형/ 564 [6] 형의 경중/ 565
제2절 형의 양정 ································································································ 567
[1] 의 의/ 567 [2] 형의 양정의 단계/ 567
[3] 형의 가중·감경·면제/ 567 [4] 양 형/ 574
[5] 판결선고 전 구금 및 판결의 공시/ 576
제3절 누 범 ······································································································ 579
[1] 서 설/ 579 [2] 누범가중의 요건/ 580
[3] 누범의 효과/ 583 [4] 판결선고 후의 누범발각/ 584
제4절 집행유예·선고유예·가석방 ··········································································· 586
[1] 집행유예/ 586 [2] 선고유예/ 593 [3] 가석방/ 597
제5절 형의 시효·소멸·기간 ·················································································· 601
[1] 형의 시효/ 601 [2] 형의 소멸·실효와 복권·사면/ 602
[3] 형의 기간/ 605
제6절 보안처분 ·································································································· 606
[1] 보안처분의 일반이론/ 606 [2] 현행법상의 보안처분/ 609

형법각론

제1편 개인적 법익에 대한 죄

제1장 생명과 신체에 대한 죄
제1절 살인의 죄 ································································································ 619
[1] 총 설/ 619 [2] 살인죄/ 619 [3] 존속살해죄/ 625
[4] 영아살해죄/ 627 [5] 촉탁·승낙살인죄/ 629 [6] 자살교사·방조죄/ 631
[7] 위계·위력에 의한 살인죄/ 634 [8] 살인예비·음모죄/ 635
제2절 상해와 폭행의 죄 ······················································································ 636
[1] 총 설/ 636 [2] 상해죄/ 637 [3] 존속상해죄/ 643
[4] 중상해죄/ 643 [5] 존속중상해죄/ 645 [6] 특수상해죄/ 645
[7] 상해치사죄·존속상해치사죄/ 646 [8] 상해의 동시범특례/ 646
[9] 폭행죄/ 647 [10] 존속폭행죄/ 652 [11] 특수폭행죄/ 652
[12] 폭행치사상죄/ 658 [13] 상습상해·폭행죄/ 658
제3절 과실치사상의 죄 ······················································································· 660
[1] 총 설/ 660 [2] 과실치상죄/ 661 [3] 과실치사죄/ 661
[4] 업무상과실·중과실치사상죄/ 662
제4절 낙태의 죄 ································································································ 673
[1] 총 설/ 673 [2] 자기낙태죄/ 675 [3] 동의낙태죄/ 675
[4] 업무상동의낙태죄/ 676 [5] 부동의낙태죄/ 677 [6] 낙태치사상죄/ 678
제5절 유기와 학대의 죄 ······················································································ 679
[1] 총 설/ 679 [2] 유기죄/ 680 [3] 존속유기죄/ 684
[4] 중유기죄·존속중유기죄/ 684 [5] 영아유기죄/ 684
[6] 학대죄/ 685 [7] 존속학대죄/ 687 [8] 아동혹사죄/ 687
[9] 유기치사상죄/ 688
제2장 자유에 대한 죄
제1절 협박의 죄 ································································································ 690
[1] 총 설/ 690 [2] 협박죄/ 691 [3] 존속협박죄/ 699
[4] 특수협박죄/ 699 [5] 상습협박죄/ 700
제2절 강요의 죄 ································································································ 701
[1] 총 설/ 701 [2] 강요죄/ 701 [3] 특수강요죄/ 707 [4] 중강요죄/ 707
[5] 인질강요죄/ 708 [6] 인질상해·치상죄/ 710 [7] 인질살해·치사죄/ 710
제3절 체포와 감금의 죄 ······················································································ 711
[1] 총 설/ 711 [2] 체포·감금죄/ 711 [3] 존속체포·감금죄/ 718
[4] 중체포·감금죄, 존속중체포·감금죄/ 718 [5] 특수체포·감금죄/ 720
[6] 상습체포·감금죄/ 720 [7] 체포·감금치사상죄/ 720
제4절 약취·유인 및 인신매매의 죄 ······································································· 722
[1] 총 설/ 722 [2] 미성년자 약취·유인죄/ 723
[3] 추행·간음·결혼·영리목적 약취·유인죄/ 729
[4] 노동력 착취·성매매와 성적 착취·장기적출목적 약취·유인죄/ 732
[5] 국외이송목적 약취·유인죄/ 732 [6] 피약취·유인자 국외이송죄/ 733
[7] 인신매매죄/ 734 [8] 추행·간음·결혼·영리목적 인신매매죄/ 735
[9] 노동력 착취·성매매와 성적 착취·장기적출목적 인신매매죄/ 735
[10] 국외이송목적 인신매매죄/ 736 [11] 피매매자 국외이송죄/ 736
[12] 피약취·유인·매매·이송자 상해·치상죄/ 736
[13] 피약취·유인·매매·이송자 살인·치사죄/ 737
[14] 피약취·유인·매매·이송자 수수·은닉죄/ 737
[15] 약취·유인·매매·이송목적 모집·운송·전달죄/ 738
제5절 강간과 추행의 죄 ····················································································· 739
[1] 총 설/ 739 [2] 강간죄/ 742 [3] 유사강간죄/ 748
[4] 강제추행죄/ 749 [5] 준강간죄·준강제추행죄/ 753
[6] 미성년자의제강간·강제추행죄/ 756
[7] 강간상해·치상죄, 강간살인·치사죄/ 758
[8] 미성년자·심신미약자 간음·추행죄/ 762
[9] 피감호자간음죄/ 764 [10] 피구금자간음죄/ 766 [11] 상습범/ 767

제3장 명예와 신용에 대한 죄
제1절 명예에 관한 죄 ························································································· 768
[1] 총 설/ 768 [2] 명예훼손죄/ 769 [3] 사자의 명예훼손죄/ 787
[4] 출판물에 의한 명예훼손죄/ 788 [5] 모욕죄/ 793
제2절 신용·업무와 경매에 관한 죄 ······································································· 798
[1] 총 설/ 798 [2] 신용훼손죄/ 798 [3] 업무방해죄/ 801
[4] 컴퓨터업무방해죄/ 818 [5] 경매·입찰방해죄/ 822

제4장 사생활의 평온에 대한 죄
제1절 비밀침해의 죄 ·························································································· 826
[1] 총 설/ 826 [2] 비밀침해죄/ 827 [3] 업무상비밀누설죄/ 830
제2절 주거침입의 죄 ·························································································· 834
[1] 총 설/ 834 [2] 주거침입죄/ 835 [3] 퇴거불응죄/ 847
[4] 특수주거침입죄/ 848 [5] 주거·신체수색죄/ 849

제5장 재산에 대한 죄
제1절 재산죄의 기본개념 ···················································································· 851
[1] 재산죄의 분류/ 851 [2] 재산죄의 객체/ 852 [3] 형법상의 점유/ 860
[4] 불법영득의사/ 870 [5] 친족상도례/ 882
제2절 절도의 죄 ································································································ 889
[1] 총 설/ 889 [2] 절도죄/ 890 [3] 야간주거침입절도죄/ 901
[4] 특수절도죄/ 903 [5] 자동차 등 불법사용죄/ 909 [6] 상습절도죄/ 912
제3절 강도의 죄 ································································································ 914
[1] 총 설/ 914 [2] 강도죄/ 915 [3] 특수강도죄/ 925
[4] 준강도죄/ 928 [5] 인질강도죄/ 936
[6] 강도상해·치상죄/ 938 [7] 강도살인·치사죄/ 942
[8] 강도강간죄/ 944 [9] 해상강도죄, 해상강도상해·치상·살인·치사·강간죄/ 948
[10] 상습강도죄/ 949 [11] 강도예비·음모죄/ 950
제4절 사기의 죄 ································································································ 951
[1] 총 설/ 951 [2] 사기죄/ 952
[3] 컴퓨터 등 사용사기죄/ 997 [4] 신용카드 관련범죄/ 1002
[5] 준사기죄/ 1013 [6] 편의시설부정이용죄/ 1014
[7] 부당이득죄/ 1016 [8] 상습사기죄/ 1018
제5절 공갈의 죄 ······························································································· 1019
[1] 총 설/ 1019 [2] 공갈죄/ 1020
[3] 특수공갈죄/ 1029 [4] 상습공갈죄/ 1029
제6절 횡령의 죄 ······························································································ 1030
[1] 총 설/ 1030 [2] 횡령죄/ 1032
[3] 업무상횡령죄/ 1076 [4] 점유이탈물횡령죄/ 1076
제7절 배임의 죄 ······························································································ 1079
[1] 총 설/ 1079 [2] 배임죄/ 1081 [3] 업무상배임죄/ 1117
[4] 배임수재죄/ 1117 [5] 배임증재죄/ 1126
제8절 장물의 죄 ······························································································· 1128
[1] 총 설/ 1128 [2] 장물죄/ 1138
[3] 상습장물죄/ 1146 [4] 업무상과실·중과실장물죄/ 1146
제9절 손괴의 죄 ······························································································· 1148
[1] 총 설/ 1148 [2] 재물손괴죄/ 1148
[3] 공익건조물파괴죄/ 1157 [4] 중손괴죄·손괴치사상죄/ 1158
[5] 특수손괴죄/ 1158 [6] 경계침범죄/ 1158
제10절 권리행사를 방해하는 죄 ········································································· 1162
[1] 총 설/ 1162 [2] 권리행사방해죄/ 1162 [3] 점유강취죄/ 1168
[4] 준점유강취죄/ 1169 [5] 중권리행사방해죄/ 1170
[6] 강제집행면탈죄/ 1170

제2편 사회적 법익에 대한 죄

제1장 공공의 안전과 평온에 대한 죄
제1절 공안을 해하는 죄 ··················································································· 1183
[1] 총 설/ 1183 [2] 범죄단체 등 조직죄/ 1183 [3] 소요죄/ 1188
[4] 다중불해산죄/ 1191 [5] 전시공수계약불이행죄/ 1192
[6] 공무원자격사칭죄/ 1193
제2절 폭발물에 관한 죄 ················································································ ···1195
[1] 총 설/ 1195 [2] 폭발물사용죄/ 1195 [3] 전시폭발물사용죄/ 1197
[4] 폭발물사용 예비·음모·선동죄/ 1198
[5] 전시폭발물 제조·수입·수출·수수·소지죄/ 1198
제3절 방화와 실화의 죄 ···················································································· 1199
[1] 총 설/ 1199 [2] 현주건조물 등 방화죄/ 1201
[3] 현주건조물 등 방화치사상죄/ 1206 [4] 공용건조물 등 방화죄/ 1207
[5] 일반건조물 등 방화죄/ 1208 [6] 일반물건방화죄/ 1210
[7] 연소죄/ 1211 [8] 진화방해죄/ 1212
[9] 폭발성물건파열죄/ 1213 [10] 폭발성물건파열치사상죄/ 1213
[11] 가스·전기 등 방류죄/ 1213 [12] 가스·전기 등 방류치사상죄/ 1214
[13] 가스·전기 등 공급방해죄/ 1214 [14] 가스·전기 등 공급방해치사상죄/ 1214
[15] 방화 등 예비·음모죄/ 1214 [16] 실화죄/ 1215
[17] 업무상실화·중실화죄/ 1215 [18] 과실폭발성물건파열 등 죄/ 1216
제4절 일수와 수리에 관한 죄 ············································································ 1217
[1] 총 설/ 1217 [2] 현주건조물 등 일수죄/ 1217
[3] 현주건조물일수치사상죄/ 1218 [4] 공용건조물 등 일수죄/ 1218
[5] 일반건조물 등 일수죄/ 1219 [6] 방수방해죄/ 1219
[7] 과실일수죄/ 1220 [8] 일수예비·음모죄/ 1220 [9] 수리방해죄/ 1220
제5절 교통방해의 죄 ························································································ 1223
[1] 총 설/ 1223 [2] 일반교통방해죄/ 1223 [3] 기차·선박 등 교통방해죄/ 1227
[4] 기차 등 전복죄/ 1228 [5] 교통방해치사상죄/ 1229
[6] 과실교통방해죄/ 1229 [7] 업무상과실·중과실교통방해죄/ 1230

제2장 공공의 신용에 대한 죄
제1절 통화에 관한 죄 ······················································································· 1232
[1] 총 설/ 1232 [2] 내국통화 위조·변조죄/ 1233
[3] 내국유통 외국통화 위조·변조죄/ 1235
[4] 외국통용 외국통화 위조·변조죄/ 1235
[5] 위조·변조통화 행사 등 죄/ 1236 [6] 위조·변조통화취득죄/ 1239
[7] 위조통화취득후지정행사죄/ 1240 [8] 통화유사물제조·수입·수출죄/ 1240
[9] 통화위조·변조 예비·음모죄/ 1241
제2절 유가증권·인지와 우표에 관한 죄 ······························································· 1242
[1] 총 설/ 1242 [2] 유가증권 위조·변조죄/ 1242
[3] 기재의 위조·변조죄/ 1249 [4] 자격모용에 의한 유가증권작성죄/ 1251
[5] 허위유가증권작성죄/ 1252 [6] 위조 등 유가증권 행사·수입·수출죄/ 1254
[7] 인지·우표 위조·변조죄/ 1256
[8] 위조·변조 인지·우표 행사·수입·수출죄/ 1256
[9] 위조·변조 인지·우표 취득죄/ 1257 [10] 소인말소죄/ 1257
[11] 인지·우표유사물 제조·수입·수출죄/ 1257 [12] 예비·음모죄/ 1257
제3절 문서에 관한 죄 ······················································································· 1258
[1] 총 설/ 1258 [2] 사문서위조·변조죄/ 1269
[3] 자격모용에 의한 사문서작성죄/ 1282 [4] 사전자기록 위작·변작죄/ 1284
[5] 공문서위조·변조죄/ 1287 [6] 자격모용에 의한 공문서작성죄/ 1288
[7] 공전자기록 위작·변작죄/ 1289 [8] 허위진단서 등 작성죄/ 1291
[9] 허위공문서작성죄/ 1293 [10] 공정증서원본 등 부실기재죄/ 1301
[11] 위조·변조·작성 사문서행사죄/ 1311
[12] 위조·변조 등 공문서행사죄/ 1314 [13] 사문서부정행사죄/ 1314
[14] 공문서부정행사죄/ 1316
제4절 인장에 관한 죄 ······················································································· 1320
[1] 총 설/ 1320 [2] 사인 등 위조·부정사용죄/ 1322
[3] 위조사인 등 행사죄/ 1324 [4] 공인 등 위조·부정사용죄/ 1325
[5] 위조공인 등 행사죄/ 1326

제3장 공중의 건강에 대한 죄
제1절 음용수에 관한 죄 ···················································································· 1327
[1] 총 설/ 1327 [2] 음용수사용방해죄/ 1327
[3] 음용수유해물혼입죄/ 1328 [4] 수도음용수사용방해죄/ 1329
[5] 수도음용수유해물혼입죄/ 1330 [6] 음용수혼독치사상죄/ 1330
[7] 수도불통죄/ 1330
제2절 아편에 관한 죄 ······················································································· 1332
[1] 총 설/ 1332 [2] 아편흡식죄/ 1332 [3] 아편흡식장소제공죄/ 1333
[4] 아편 등 제조·수입·판매·판매목적소지죄/ 1334
[5] 아편흡식기 제조·수입·판매·판매목적소지죄/ 1334
[6] 세관공무원의 아편 등 수입·수입허용죄/ 1335
[7] 상습아편흡식·제조·수입·판매죄/ 1335 [8] 아편 등 소지죄/ 1335

제4장 사회의 도덕에 대한 죄
제1절 성풍속에 관한 죄 ···················································································· 1336
[1] 총 설/ 1336 [2] 음행매개죄/ 1336
[3] 음화 등 반포·판매·임대·공연전시죄/ 1338
[4] 음화 등 제조·소지·수입·수출죄/ 1342 [5] 공연음란죄/ 1343
제2절 도박과 복표에 관한 죄 ············································································ 1346
[1] 총 설/ 1346 [2] 도박죄/ 1346 [3] 상습도박죄/ 1350
[4] 도박장소 등 개설죄/ 1351 [5] 복표발매·중개·취득죄/ 1353
제3절 신앙에 관한 죄 ······················································································· 1355
[1] 총 설/ 1355 [2] 장례식 등 방해죄/ 1355
[3] 사체 등 오욕죄/ 1357 [4] 분묘발굴죄/ 1358
[5] 사체 등 손괴·유기·은닉·영득죄/ 1360 [6] 변사체검시방해죄/ 1362

제3편 국가적 법익에 대한 죄

제1장 국가의 존립과 권위에 대한 죄
제1절 내란의 죄 ······························································································· 1367
[1] 총 설/ 1367 [2] 내란죄/ 1367 [3] 내란목적살인죄/ 1372
[4] 내란예비·음모·선동·선전죄/ 1373
제2절 외환의 죄 ······························································································· 1375
[1] 총 설/ 1375 [2] 외환유치죄/ 1375 [3] 여적죄/ 1376
[4] 모병이적죄/ 1377 [5] 시설제공이적죄/ 1377
[6] 시설파괴이적죄/ 1377 [7] 물건제공이적죄/ 1377
[8] 일반이적죄/ 1377 [9] 간첩죄/ 1378
[10] 전시군수계약불이행죄/ 1382 [11] 외환예비·음모·선동·선전죄/ 1383
제3절 국기에 관한 죄 ······················································································· 1384
[1] 총 설/ 1384 [2] 국기·국장모독죄/ 1384
[3] 국기·국장비방죄/ 1385
제4절 국교에 관한 죄 ······················································································· 1386
[1] 총 설/ 1386 [2] 외국원수에 대한 폭행 등 죄/ 1386
[3] 외국사절에 대한 폭행 등 죄/ 1387 [4] 외국국기·국장모독죄/ 1388
[5] 외국에 대한 사전죄/ 1388 [6] 중립명령위반죄/ 1388
[7] 외교상기밀누설죄/ 1389

제2장 국가의 기능에 대한 죄
제1절 공무원의 직무에 관한 죄 ········································································· 1391
[1] 총 설/ 1391 [2] 직무유기죄/ 1392 [3] 피의사실공표죄/ 1400
[4] 공무상비밀누설죄/ 1401 [5] 직권남용죄/ 1404
[6] 불법체포·감금죄/ 1411 [7] 폭행·가혹행위죄/ 1413
[8] 선거방해죄/ 1414 [9] 뇌물죄의 일반이론/ 1414
[10] 수뢰죄/ 1430 [11] 사전수뢰죄/ 1437
[12] 제3자뇌물공여죄/ 1438 [13] 수뢰후부정처사죄/ 1442
[14] 부정처사후수뢰죄/ 1443 [15] 사후수뢰죄/ 1444
[16] 알선수뢰죄/ 1445 [17] 증뢰죄/ 1448
제2절 공무방해에 관한 죄 ················································································· 1452
[1] 총 설/ 1452 [2] 공무집행방해죄/ 1452
[3] 직무·사직강요죄/ 1468 [4] 위계에 의한 공무집행방해죄/ 1469
[5] 법정·국회회의장모욕죄/ 1478 [6] 인권옹호직무방해죄/ 1479
[7] 공무상 봉인 등 표시무효죄/ 1481 [8] 공무상비밀침해죄/ 1486
[9] 부동산강제집행효용침해죄/ 1487 [10] 공용서류 등 무효죄/ 1488
[11] 공용물파괴죄/ 1492 [12] 공무상보관물무효죄/ 1492
[13] 특수공무방해죄·특수공무방해치사상죄/ 1494
제3절 도주와 범인은닉의 죄 ·············································································· 1497
[1] 총 설/ 1497 [2] 도주죄/ 1497 [3] 집합명령위반죄/ 1499
[4] 특수도주죄/ 1500 [5] 도주원조죄/ 1501
[6] 간수자도주원조죄/ 1502 [7] 범인은닉죄/ 1503
제4절 위증과 증거인멸의 죄 ·············································································· 1515
[1] 총 설/ 1515 [2] 위증죄/ 1515 [3] 모해위증죄/ 1527
[4] 허위감정·통역·번역죄/ 1527 [5] 증거인멸죄/ 1528
[6] 증인은닉·도피죄/ 1534 [7] 모해증거인멸죄/ 1536
제5절 무고의 죄 ······························································································· 1537
[1] 총 설/ 1537 [2] 무고죄/ 1537

[판례색인] ······································································································ 1551
[사항색인] ······································································································ 1577


 

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