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독자대상 : 경찰 시험 준비생
구성 : 이론 문제 등
특징 :
1) 전국 최초로 올 컬러로 제작하여, 색깔 별로 정리된 형법 기본서
2) 국내 최다 판례 수록 / 7급 심화이론을 더 쉽게 서술
3) 형법개정, 최신판례, 최신기출을 모두 반영
4) 객관식 형법 교재로서 구어체로 보다 쉬운 말로 서술
5) 각 판례와 이론에 키워드를 표기
구성 : 이론 문제 등
특징 :
1) 전국 최초로 올 컬러로 제작하여, 색깔 별로 정리된 형법 기본서
2) 국내 최다 판례 수록 / 7급 심화이론을 더 쉽게 서술
3) 형법개정, 최신판례, 최신기출을 모두 반영
4) 객관식 형법 교재로서 구어체로 보다 쉬운 말로 서술
5) 각 판례와 이론에 키워드를 표기
저자: 김원욱
제1부｜형법 총론
□ 법학의 기초개념 / 1
제1편 형법서론
제1장 형법의 기본개념 / 10
제1절 법률과 형법의 개념 ······························10
제2절 형법의 기능 ···········································11
제3절 형법의 발전 ··········································12
Ⅰ. 형법의 보호기능 ·······································12
Ⅱ. 보호적 기능과 보장적 기능의 관계 ···········12
Ⅲ. 형벌이론 ···················································12
Ⅳ. 형법학파의 비교 ·······································13
제2장 죄형법정주의 / 14
제1절 죄형법정주의의 개관 ····························14
제2절 죄형법정주의의 내용 ····························15
Ⅰ. 법률주의 (관습형법금지원칙, 포괄위임금지원칙)······15
Ⅱ. 명확성원칙 ···············································19
Ⅲ. 소급금지원칙 (형벌불소급원칙) ················25
Ⅳ. 유추해석금지원칙 ····································30
Ⅴ. 적정성원칙 ···············································46
제3장 형법의 적용범위 / 48
제1절 형법의 시간적 적용범위 ·······················48
Ⅰ. 제1조 1항의 해석 ······································48
Ⅱ. 제1조 2항의 해석 ·····································50
Ⅲ. 제1조 3항의 해석 ·····································54
Ⅳ. 제1조 2항·3항의 예외 ······························54
Ⅴ. 한시법과 백지형법 ···································62
제2절 형법의 장소적 적용범위 ······················64
Ⅰ. 속지주의 ··················································64
Ⅱ. 기국주의 ··················································65
Ⅲ. 속인주의 ··················································65
Ⅳ. 제5조의 보호주의 ····································66
Ⅴ. 제6조의 보호주의 ·····································67
Ⅵ. 세계주의 ··················································68
Ⅶ. 국가간 법률충돌의 해결 ··························68
제3절 형법의 인적 적용범위 ··························70
제4절 특별법과의 관계 ···································71
제2편 범죄론
제1장 범죄론의 기초 / 74
제1절 범죄의 요건 ··········································74
Ⅰ. 행위요건 ··················································74
Ⅱ. 성립요건 ··················································75
Ⅲ. 처벌조건 ··················································76
Ⅳ. 소추조건 ··················································76
Ⅴ. 범죄체계론 ···············································78
제2절 범죄의 의의와 종류 ······························79
제3절 결과반가치와 행위반가치 ····················83
제2장 구성요건론 / 84
제1절 구성요건의 일반이론 ····························84
Ⅰ. 구성요건의 개념과 발전 ··························84
Ⅱ. 소극적 구성요건표지이론 ························85
Ⅲ. 구성요건의 내용 ······································86
제2절 행위의 주체와 객체 ······························87
Ⅰ. 행위의 주체 ·············································87
Ⅱ. 행위의 객체 ·············································94
제3절 부작위범 ···············································95
Ⅰ. 행위의 종류 ·············································95
Ⅱ. 부작위범의 종류 ······································95
Ⅲ. 부작위범의 요건 ·······································97
Ⅳ. 법적 작위의무 ··········································97
Ⅴ. 작위와 부작위의 적용 ······························99
Ⅵ. 관련문제 ·················································100
Ⅶ. 심화학습 ·················································101
제4절 인과관계와 객관적 귀속 ·····················105
Ⅰ. 인과관계의 의의 ·····································105
Ⅱ. 인과관계에 관한 학설 ·····························105
Ⅲ. 인과관계의 유형 ·····································106
Ⅳ. 인과관계의 입증 ·····································109
Ⅴ. 객관적 귀속이론 ······································114
제5절 구성요건적 고의 ··································117
Ⅰ. 고의의 개관 ·············································117
Ⅱ. 고의의 인식대상 ······································117
Ⅲ. 고의의 종류 ·············································118
제6절 구성요건적 착오 ·································124
Ⅰ. 구성요건적 착오의 의의 ·························124
Ⅱ. 구성요건적 착오의 종류 ·························124
Ⅲ. 협의의 착오의 종류 ································126
Ⅳ. 판례와 학설의 해결 ································126
Ⅴ. 사례의 해결 ············································128
Ⅵ. 병발사례 ·················································128
Ⅶ. 택일적 고의 ············································129
Ⅷ. 개괄적 고의 과실 ····································130
제7절 과실범 ··················································131
Ⅰ. 과실범의 개관 ·········································131
Ⅱ. 과실범의 요건 ·········································136
Ⅲ. 관련문제 ·················································137
Ⅳ. 과실 관련판례 ·········································137
Ⅴ. 신뢰의 원칙 ············································146
Ⅵ. 신뢰원칙 관련판례 ··································146
제8절 결과적 가중범 ····································155
Ⅰ. 결과적 가중범의 의미 ·····························155
Ⅱ. 결과적 가중범의 종류 ·····························156
Ⅲ. 구성요건 ·················································157
Ⅳ. 행위책임주의 ··········································157
Ⅴ. 관련문제 ··················································161
제3장 위법성론 / 165
제1절 위법성의 일반이론 ······························165
Ⅰ. 위법성의 본질 ·········································165
Ⅱ. 위법성의 평가방법 ··································165
Ⅲ. 위법성조각원리 ······································166
제2절 정당방위 ·············································170
Ⅰ. 조문의 분석 ············································170
Ⅱ. 정당방위의 개념 ······································171
Ⅲ. 정당방위의 요건 ······································171
Ⅳ. 정당방위의 효과 ·····································178
Ⅴ. 기타의 방위 ············································178
제3절 긴급피난 ·············································180
Ⅰ. 조문의 분석 ············································180
Ⅱ. 긴급피난의 개념 ······································181
Ⅲ. 긴급피난의 요건 ······································181
Ⅳ. 긴급피난의 효과 ·····································182
Ⅴ. 기타의 피난 ············································183
Ⅵ. 의무의 충돌 ············································184
제4절 자구행위 ·············································185
Ⅰ. 자구행위의 개념 ·····································185
Ⅱ. 자구행위의 요건 ·····································185
Ⅲ. 자구행위의 효과 ·····································186
Ⅳ. 과잉자구행위와 야간과잉자구행위 ·········186
제5절 피해자의 승낙 ····································188
Ⅰ. 동의의 효력 ············································188
Ⅱ. 양해 ························································189
Ⅲ. 피해자의 승낙 ········································190
Ⅳ. 추정적 승낙 ············································192
제6절 정당행위 ·············································193
Ⅰ. 법령에 의한 행위 ····································193
Ⅱ. 업무로 인한 행위 ····································201
Ⅲ. 기타 사회상규에 합치하는 행위 ·············203
제4장 책임론 / 212
제1절 책임의 일반이론 ··································212
Ⅰ. 책임주의 ·················································212
Ⅱ. 책임의 근거 ············································212
Ⅲ. 책임의 본질 ············································213
Ⅳ. 범죄체계론 ··············································213
제2절 책임능력 ·············································217
Ⅰ. 책임능력의 개념 ·····································217
Ⅱ. 책임무능력자 ··········································217
Ⅲ. 한정책임능력자 ······································223
Ⅳ. 아청법의 제한 ········································224
Ⅴ. 원인에 있어서 자유로운 행위 ·················225
제3절 위법성의 인식과 금지착오 ·················227
Ⅰ. 금지착오의 개념 ·····································227
Ⅱ. 금지착오의 유형 ·····································227
Ⅲ. 금지착오의 효과 ·····································228
Ⅳ. 각종 착오에 관한 정리 ···························238
Ⅴ. 피해자의 동의와 관련된 착오의 정리 ·····239
제4절 기대가능성 ·········································240
Ⅰ. 기대가능성의 판단기준 ··························240
Ⅱ. 기대불가능성의 유형 ······························242
Ⅲ. 강요된 행위 ···········································243
제5장 미수론 / 247
제1절 미수범의 일반이론 ······························247
Ⅰ. 범죄실현의 단계 ·····································247
Ⅱ. 선전·선동의 개념 ···································247
제2절 음모·예비죄 ·······································248
Ⅰ. 음모·예비의 개념 ···································248
Ⅱ. 관련문제 ················································249
Ⅲ. 음모예비의 법적성격 ·····························249
Ⅳ. 음모예비 처벌규정 ·································250
제3절 장애미수 ·············································253
Ⅰ. 개념 ·······················································253
Ⅱ. 요건과 효과 ···········································253
Ⅲ. 미수범의 처벌근거 ·································254
Ⅳ. 실행착수시기의 학설대립 ·······················254
Ⅴ. 절도죄와 강도죄의 실행착수시기 ···········254
제4절 중지미수 ·············································262
Ⅰ. 중지미수의 법적 성격 ····························262
Ⅱ. 중지미수의 자의성 ·································262
Ⅲ. 범행중지 또는 결과방지 ·························265
Ⅳ. 공범과 중지미수 ····································266
Ⅴ. 관련문제 ················································268
제5절 불능미수 ·············································269
Ⅰ. 불능미수의 개념 ····································269
Ⅱ. 불능미수의 요건 ····································269
Ⅲ. 위험성에 대한 판단 ································272
Ⅳ. 불능미수의 판단 ·····································273
제6장 공범론 / 276
제1절 공범의 일반이론 ·································276
Ⅰ. 서설 ·······················································276
Ⅱ. 필요적 공범 ············································277
Ⅲ. 정범과 공범의 관계 ·······························280
Ⅳ. 범죄를 교사한 자의 죄책 ·······················282
Ⅴ. 기도된 교사·방조 ···································283
제2절 간접정범 ·············································284
Ⅰ. 정범과 공범의 구별 ································284
Ⅱ. 간접정범의 이용행위 ·····························286
Ⅲ. 간접정범의 처벌 ····································288
Ⅳ. 간접정범과 착오 ····································288
Ⅴ. 특수교사·방조 ·······································289
Ⅵ. 각칙에 문제되는 간접정범 ·····················289
제3절 공동정범 ············································290
Ⅰ. 공동정범의 개념 ····································290
Ⅱ. 주관적 요건 ············································291
Ⅲ. 객관적 요건 ···········································299
Ⅳ. 공동정범의 책임 ····································304
제4절 동시범과 합동범 ································306
Ⅰ. 동시범 ···················································306
Ⅱ. 합동범 ···················································309
제5절 교사범 ·················································311
Ⅰ. 개념 ·························································311
Ⅱ. 성립요건 ··················································311
Ⅲ. 교사의 착오 ············································315
Ⅳ. 관련문제 ·················································316
제6절 방조범 ·················································317
Ⅰ. 개념 ························································317
Ⅱ. 성립요건 ·················································318
Ⅲ. 방조의 착오 ············································322
Ⅳ. 관련문제 ················································323
제7절 공범과 신분 ········································326
Ⅰ. 형법상 신분 ···········································326
Ⅱ. 적극적 신분 (제33조의 해석) ··················327
Ⅲ. 소극적 신분 ···········································330
제3편 죄수형벌론
제1장 죄수론 / 334
제1절 죄수의 일반이론 ·································334
Ⅰ. 죄수론의 의의 ········································334
Ⅱ. 죄수결정의 기준 ····································334
제2절 법조경합 ·············································335
Ⅰ. 특별관계 ················································335
Ⅱ. 보충관계 ················································336
Ⅲ. 흡수관계 ················································337
Ⅳ. 택일관계 ················································339
제3절 포괄일죄 ············································340
Ⅰ. 상습범의 개념 ········································340
Ⅱ. 상습범의 기판력 ····································340
Ⅲ. 상습범과 영업범 관련 판례 ·····················341
제4절 상상적 경합 ········································347
Ⅰ. 개념 ·······················································347
Ⅱ. 요건 ·······················································347
Ⅲ. 효과 ·······················································347
제5절 실체적 경합 ········································353
Ⅰ. 경합범의 개념 ········································353
Ⅱ. 실체법적 요건 ········································353
Ⅲ. 소송법적 요건 ········································353
Ⅳ. 경합범의 효과 ········································355
Ⅴ. 경합범 판례 정리 ···································356
제2장 형벌론 / 361
제1절 형벌의 종류 ·········································361
Ⅰ. 형벌의 종류 ············································361
Ⅱ. 사형 ························································361
Ⅲ. 자유형 - 징역 금고 구류 ·······················362
Ⅳ. 명예형 - 자격상실 자격정지 ··················362
Ⅴ. 재산형 - 벌금 과료 몰수 ·······················363
제2절 형의 양정 ···········································375
Ⅰ. 양형단계 ················································375
Ⅱ. 양형기준 ················································375
Ⅲ. 형의 가중 감경 면제 ······························376
Ⅳ. 미결구금 ················································379
Ⅴ. 판결의 공시 ···········································380
Ⅵ. 자수와 자복 ············································381
Ⅶ. 형사절차의 개관 ····································383
제3절 누범 ····················································385
Ⅰ. 서설 ·······················································385
Ⅱ. 누범가중의 요건 ····································386
Ⅲ. 누범의 효과 ···········································388
Ⅳ. 특가법상 누범 ········································389
제4절 선고유예·집행유예·가석방 ················391
Ⅰ. 선고유예 ·················································391
Ⅱ. 집행유예 ················································394
Ⅲ. 가석방 ····················································398
Ⅳ. 종합정리 ················································400
제5절 형의 시효·소멸·기간 ··························401
Ⅰ. 형의 시효 ···············································401
Ⅱ. 형의 소멸 ···············································402
Ⅲ. 사면·감형·복권 ······································403
Ⅳ. 형의 기간 ···············································404
제6절 보안처분 ············································405
Ⅰ. 서설 ·······················································405
Ⅱ. 형벌과 보안처분의 관계 ························405
Ⅲ. 현행법상 보안처분 ·································405
제2부｜형법 각론
제4편 개인적 법익
제1장 생명과 신체에 대한 죄 / 10
제1절 살인의 죄 ··············································10
Ⅰ. 서설 ··························································10
Ⅱ. 살인죄 ······················································10
Ⅲ. 존속살해죄 ···············································14
Ⅳ. 영아살해죄 ···············································15
Ⅴ. 기타범죄 ···················································16
제2절 상해와 폭행의 죄 ··································19
Ⅰ. 서설 ··························································19
Ⅱ. 상해죄와 폭행죄의 비교 ···························19
Ⅲ. 상해죄 ······················································20
Ⅳ. 폭행죄 ······················································25
제3절 과실치사상의 죄 ··································33
Ⅰ. 서설 ·························································33
Ⅱ. 과실치사상죄 ···········································33
제4절 낙태의 죄 ··············································37
Ⅰ. 서설 ·························································37
Ⅱ. 낙태죄 ······················································38
제5절 유기와 학대의 죄 ·································40
Ⅰ. 서설 ·························································40
Ⅱ. 유기죄 ·····················································40
Ⅲ. 기타 범죄 ·················································42
제2장 자유에 대한 죄 / 45
제1절 협박의 죄 ··············································45
Ⅰ. 서설 ·························································45
Ⅱ. 협박죄 ······················································45
Ⅲ. 기타 범죄 ··················································51
제2절 강요의 죄 ·············································52
Ⅰ. 서설 ·························································52
Ⅱ. 강요죄 ······················································52
Ⅲ. 기타 범죄 ·················································55
제3절 체포와 감금의 죄 ·································57
Ⅰ. 서설 ·························································57
Ⅱ. 체포·감금죄 ·············································57
Ⅲ. 기타 범죄 ··················································61
제4절 약취와 유인의 죄 ·································63
Ⅰ. 서설 ·························································63
Ⅱ. 조문의 분석 - 2013년 개정 ·····················63
Ⅲ. 미성년자 약취·유인죄 ······························64
Ⅳ. 기타 범죄 ·················································67
제5절 강간과 추행의 죄 ·································70
Ⅰ. 서설 ·························································70
Ⅱ. 조문의 분석 ·············································70
Ⅲ. 강간죄 ······················································70
Ⅳ. 기타 범죄 ·················································74
Ⅴ. 성폭력범죄의 처벌 등에 관한 특례법 ······ 83
Ⅵ. 아동·청소년의 성보호에 관한 법률 ·········90
제3장 명예와 신용에 대한 죄 / 92
제1절 명예에 관한 죄 ·····································92
Ⅰ. 서설 ·························································92
Ⅱ. 조문의 분석 ·············································92
Ⅲ. 명예훼손죄 ···············································92
Ⅳ. 기타 범죄 ················································107
제2절 신용에 관한 죄 ····································114
Ⅰ. 서설 ·························································114
Ⅱ. 조문의 분석 ·············································114
Ⅲ. 신용훼손죄 ··············································114
제3절 업무방해죄 ··········································116
Ⅰ. 서설 ·························································116
Ⅱ. 업무방해죄 ··············································116
Ⅲ. 기타 범죄 ················································133
제4장 사생활의 평온에 대한 죄 / 137
제1절 비밀침해의 죄 ·····································137
Ⅰ. 서설 ························································137
Ⅱ. 개인의 비밀 ············································137
제2절 주거침입의 죄 ·····································139
Ⅰ. 보호법익 ·················································139
Ⅱ. 주거침입죄 ·············································140
Ⅲ. 기타 범죄 ················································149
제5장 재산에 대한 죄 / 151
제1절 재산죄의 기본개념 ······························151
Ⅰ. 재산죄의 분류 ·········································151
Ⅱ. 재산죄의 객체 ·········································152
Ⅲ. 형법상 점유 ············································158
Ⅳ. 불법영득의사 ··········································164
Ⅴ. 친족상도례 ·············································169
제2절 절도의 죄 ············································175
Ⅰ. 서설 ························································175
Ⅱ. 절도죄 ·····················································175
Ⅲ. 기타 범죄 ················································178
제3절 강도의 죄 ···········································180
Ⅰ. 서설 ························································180
Ⅱ. 강도죄 ····················································180
Ⅲ. 특수강도죄 ·············································184
Ⅳ. 준강도죄 ·················································185
Ⅴ. 기타 범죄 ···············································190
제4절 사기의 죄 ············································197
Ⅰ. 서설 ························································197
Ⅱ. 사기죄 ·····················································197
Ⅲ. 삼각사기 ·················································227
Ⅳ. 신용카드 관련 범죄 ································234
Ⅴ. 기타 범죄 ···············································240
제5절 공갈의 죄 ···········································245
Ⅰ. 서설 ·······················································245
Ⅱ. 공갈죄 ····················································245
Ⅲ. 기타 범죄 ···············································250
제6절 횡령의 죄 ············································251
Ⅰ. 서설 ························································251
Ⅱ. 횡령죄의 본질 ·········································251
Ⅲ. 횡령죄 ····················································251
Ⅳ. 기타의 횡령죄 ········································283
Ⅴ. 기타 범죄 ···············································286
제7절 배임의 죄 ············································287
Ⅰ. 서설 ·······················································287
Ⅱ. 횡령죄와 배임죄의 관계 ·························288
Ⅲ. 주체 - 대행자 (고용, 위임) ····················289
Ⅳ. 주체 - 협력자 (등기, 지입, 계주, 공채) ·· 302
Ⅴ. 기타 문제들 ············································318
Ⅵ. 기타 범죄들 ···········································324
제8절 장물의 죄 ···········································333
Ⅰ. 서설 ·······················································333
Ⅱ. 장물죄의 본질 ········································333
Ⅲ. 장물의 개념 ···········································334
Ⅳ. 장물죄 ····················································337
Ⅴ. 기타 범죄 ···············································342
제9절 손괴의 죄 ···········································344
Ⅰ. 서설 ·······················································344
Ⅱ. 재물손괴죄 ·············································344
Ⅲ. 기타 범죄 ···············································349
제10절 권리행사를 방해하는 죄 ···················351
Ⅰ. 서설 ························································351
Ⅱ. 권리행사방해죄 ······································351
Ⅲ. 기타 범죄 ···············································357
Ⅳ. 강제집행면탈죄 ······································357
제5편 사회적 법익
제1장 공공의 안전과 평온에 대한 죄 / 368
제1절 공안을 해하는 죄 ·······························368
Ⅰ. 서설 ·······················································368
Ⅱ. 공안을 해하는 죄 ···································368
제2절 폭발물에 관한 죄 ·······························373
Ⅰ. 서설 ·······················································373
Ⅱ. 폭발물에 관한 죄 ···································373
제3절 방화와 실화의 죄 ·······························375
Ⅰ. 서설 ·······················································375
Ⅱ. 현주건조물등방화죄 ·······························376
Ⅲ. 기타 범죄 ···············································378
제4절 일수와 수리에 관한 죄 ······················383
Ⅰ. 서설 ·······················································383
Ⅱ. 일수와 수리에 관한 죄 ···························384
제5절 교통방해의 죄 ····································386
Ⅰ. 서설 ·······················································386
Ⅱ. 일반교통방해죄 ······································386
Ⅲ. 기타 범죄 ················································391
제2장 공중의 건강에 대한 죄 / 393
제1절 음용수에 관한 죄 ································393
Ⅰ. 서설 ·······················································393
Ⅱ. 음용수에 관한 죄 ···································393
제2절 아편에 관한 죄 ···································395
Ⅰ. 서설 ·······················································395
Ⅱ. 아편에 관한 죄 ·······································395
제3장 공공의 신용에 대한 죄 / 397
제1절 통화에 관한 죄 ···································397
Ⅰ. 서설 ·······················································397
Ⅱ. 통화위조·변조죄 ····································397
Ⅲ. 기타 범죄 ···············································399
제2절 유가증권·인지·우표에 관한 죄 ··········401
Ⅰ. 서설 ························································401
Ⅱ. 유가증권 위조·변조죄 ····························401
Ⅲ. 자격모용에 의한 유가증권작성죄 ···········407
Ⅳ. 허위유가증권작성죄 ······························408
Ⅴ. 각 범죄의 비교 ······································409
Ⅵ. 기타 범죄 ················································413
제3절 문서에 관한 죄 ···································415
Ⅰ. 서설 ························································415
Ⅱ. 문서 위조·변조죄 ···································415
Ⅲ. 자격모용에 의한 문서작성죄 ··················432
Ⅳ. 허위문서작성죄 ······································435
Ⅴ. 전자기록 위작·변작죄 ····························443
Ⅵ. 공정증서원본 등 부실기재죄 ··················446
Ⅶ. 기타 범죄 ···············································454
제4절 인장에 관한 죄 ··································460
Ⅰ. 서설 ·······················································460
Ⅱ. 인장에 관한 죄 ······································460
제4장 사회의 도덕에 대한 죄 / 463
제1절 성풍속에 관한 죄 ································463
Ⅰ. 서설 ·······················································463
Ⅱ. 성풍속에 관한 죄 ···································463
제2절 도박과 복표에 관한 죄 ······················468
Ⅰ. 서설 ·······················································468
Ⅱ. 도박과 복표에 관한 죄 ···························468
제3절 신앙에 관한 죄 ···································472
Ⅰ. 서설 ·······················································472
Ⅱ. 신앙에 관한 죄 ·······································472
제6편 국가적 법익
제1장 국가의 존립과 권위에 대한 죄 / 478
제1절 내란의 죄 ············································478
Ⅰ. 서설 ·······················································478
Ⅱ. 내란죄 ····················································478
제2절 외환의 죄 ············································481
Ⅰ. 서설 ························································481
Ⅱ. 외환죄 ····················································481
제3절 국기에 관한 죄 ··································486
Ⅰ. 서설 ·······················································486
Ⅱ. 국기에 관한 죄 ······································486
제4절 국교에 관한 죄 ···································487
Ⅰ. 서설 ·······················································487
Ⅱ. 국교에 관한 죄 ·······································487
제2장 국가의 기능에 대한 죄 / 490
제1절 공무원의 직무에 관한 죄 ···················490
Ⅰ. 서설 ·······················································490
Ⅱ. 공무원의 개념 ········································490
Ⅲ. 직무유기죄 ·············································491
Ⅳ. 직권남용 권리행사방해죄 ······················496
Ⅴ. 기타 범죄 ···············································502
제2절 뇌물에 관한 죄 ··································506
Ⅰ. 서설 ·······················································506
Ⅱ. 뇌물성 ···················································506
Ⅲ. 뇌물에 관한 죄 ·······································513
Ⅳ. 뇌물의 몰수·추징 ···································529
제3절 공무방해에 관한 죄 ···························533
Ⅰ. 서설 ·······················································533
Ⅱ. 공무집행방해죄 ······································533
Ⅲ. 위계에 의한 공무집행방해죄 ··················544
Ⅳ. 기타 범죄 ················································551
제4절 도주죄 ················································563
Ⅰ. 서설 ·······················································563
Ⅱ. 도주죄 ····················································563
제5절 범인은닉의 죄 ····································565
Ⅰ. 서설 ·······················································565
Ⅱ. 범인은닉죄 ·············································565
제6절 증거인멸의 죄 ····································572
Ⅰ. 서설 ·······················································572
Ⅱ. 증거인멸죄 ·············································572
Ⅲ. 기타 범죄 ···············································575
Ⅳ. 친족간 특례 ············································576
제7절 위증죄 ·················································577
Ⅰ. 서설 ························································577
Ⅱ. 위증죄 ····················································577
Ⅲ. 기타 위증죄 ···········································583
제8절 무고죄 ················································584
Ⅰ. 서설 ·······················································584
Ⅱ. 무고죄 ····················································584
Ⅲ. 자수·자백의 특례 ···································595
□ 법학의 기초개념 / 1
제1편 형법서론
제1장 형법의 기본개념 / 10
제1절 법률과 형법의 개념 ······························10
제2절 형법의 기능 ···········································11
제3절 형법의 발전 ··········································12
Ⅰ. 형법의 보호기능 ·······································12
Ⅱ. 보호적 기능과 보장적 기능의 관계 ···········12
Ⅲ. 형벌이론 ···················································12
Ⅳ. 형법학파의 비교 ·······································13
제2장 죄형법정주의 / 14
제1절 죄형법정주의의 개관 ····························14
제2절 죄형법정주의의 내용 ····························15
Ⅰ. 법률주의 (관습형법금지원칙, 포괄위임금지원칙)······15
Ⅱ. 명확성원칙 ···············································19
Ⅲ. 소급금지원칙 (형벌불소급원칙) ················25
Ⅳ. 유추해석금지원칙 ····································30
Ⅴ. 적정성원칙 ···············································46
제3장 형법의 적용범위 / 48
제1절 형법의 시간적 적용범위 ·······················48
Ⅰ. 제1조 1항의 해석 ······································48
Ⅱ. 제1조 2항의 해석 ·····································50
Ⅲ. 제1조 3항의 해석 ·····································54
Ⅳ. 제1조 2항·3항의 예외 ······························54
Ⅴ. 한시법과 백지형법 ···································62
제2절 형법의 장소적 적용범위 ······················64
Ⅰ. 속지주의 ··················································64
Ⅱ. 기국주의 ··················································65
Ⅲ. 속인주의 ··················································65
Ⅳ. 제5조의 보호주의 ····································66
Ⅴ. 제6조의 보호주의 ·····································67
Ⅵ. 세계주의 ··················································68
Ⅶ. 국가간 법률충돌의 해결 ··························68
제3절 형법의 인적 적용범위 ··························70
제4절 특별법과의 관계 ···································71
제2편 범죄론
제1장 범죄론의 기초 / 74
제1절 범죄의 요건 ··········································74
Ⅰ. 행위요건 ··················································74
Ⅱ. 성립요건 ··················································75
Ⅲ. 처벌조건 ··················································76
Ⅳ. 소추조건 ··················································76
Ⅴ. 범죄체계론 ···············································78
제2절 범죄의 의의와 종류 ······························79
제3절 결과반가치와 행위반가치 ····················83
제2장 구성요건론 / 84
제1절 구성요건의 일반이론 ····························84
Ⅰ. 구성요건의 개념과 발전 ··························84
Ⅱ. 소극적 구성요건표지이론 ························85
Ⅲ. 구성요건의 내용 ······································86
제2절 행위의 주체와 객체 ······························87
Ⅰ. 행위의 주체 ·············································87
Ⅱ. 행위의 객체 ·············································94
제3절 부작위범 ···············································95
Ⅰ. 행위의 종류 ·············································95
Ⅱ. 부작위범의 종류 ······································95
Ⅲ. 부작위범의 요건 ·······································97
Ⅳ. 법적 작위의무 ··········································97
Ⅴ. 작위와 부작위의 적용 ······························99
Ⅵ. 관련문제 ·················································100
Ⅶ. 심화학습 ·················································101
제4절 인과관계와 객관적 귀속 ·····················105
Ⅰ. 인과관계의 의의 ·····································105
Ⅱ. 인과관계에 관한 학설 ·····························105
Ⅲ. 인과관계의 유형 ·····································106
Ⅳ. 인과관계의 입증 ·····································109
Ⅴ. 객관적 귀속이론 ······································114
제5절 구성요건적 고의 ··································117
Ⅰ. 고의의 개관 ·············································117
Ⅱ. 고의의 인식대상 ······································117
Ⅲ. 고의의 종류 ·············································118
제6절 구성요건적 착오 ·································124
Ⅰ. 구성요건적 착오의 의의 ·························124
Ⅱ. 구성요건적 착오의 종류 ·························124
Ⅲ. 협의의 착오의 종류 ································126
Ⅳ. 판례와 학설의 해결 ································126
Ⅴ. 사례의 해결 ············································128
Ⅵ. 병발사례 ·················································128
Ⅶ. 택일적 고의 ············································129
Ⅷ. 개괄적 고의 과실 ····································130
제7절 과실범 ··················································131
Ⅰ. 과실범의 개관 ·········································131
Ⅱ. 과실범의 요건 ·········································136
Ⅲ. 관련문제 ·················································137
Ⅳ. 과실 관련판례 ·········································137
Ⅴ. 신뢰의 원칙 ············································146
Ⅵ. 신뢰원칙 관련판례 ··································146
제8절 결과적 가중범 ····································155
Ⅰ. 결과적 가중범의 의미 ·····························155
Ⅱ. 결과적 가중범의 종류 ·····························156
Ⅲ. 구성요건 ·················································157
Ⅳ. 행위책임주의 ··········································157
Ⅴ. 관련문제 ··················································161
제3장 위법성론 / 165
제1절 위법성의 일반이론 ······························165
Ⅰ. 위법성의 본질 ·········································165
Ⅱ. 위법성의 평가방법 ··································165
Ⅲ. 위법성조각원리 ······································166
제2절 정당방위 ·············································170
Ⅰ. 조문의 분석 ············································170
Ⅱ. 정당방위의 개념 ······································171
Ⅲ. 정당방위의 요건 ······································171
Ⅳ. 정당방위의 효과 ·····································178
Ⅴ. 기타의 방위 ············································178
제3절 긴급피난 ·············································180
Ⅰ. 조문의 분석 ············································180
Ⅱ. 긴급피난의 개념 ······································181
Ⅲ. 긴급피난의 요건 ······································181
Ⅳ. 긴급피난의 효과 ·····································182
Ⅴ. 기타의 피난 ············································183
Ⅵ. 의무의 충돌 ············································184
제4절 자구행위 ·············································185
Ⅰ. 자구행위의 개념 ·····································185
Ⅱ. 자구행위의 요건 ·····································185
Ⅲ. 자구행위의 효과 ·····································186
Ⅳ. 과잉자구행위와 야간과잉자구행위 ·········186
제5절 피해자의 승낙 ····································188
Ⅰ. 동의의 효력 ············································188
Ⅱ. 양해 ························································189
Ⅲ. 피해자의 승낙 ········································190
Ⅳ. 추정적 승낙 ············································192
제6절 정당행위 ·············································193
Ⅰ. 법령에 의한 행위 ····································193
Ⅱ. 업무로 인한 행위 ····································201
Ⅲ. 기타 사회상규에 합치하는 행위 ·············203
제4장 책임론 / 212
제1절 책임의 일반이론 ··································212
Ⅰ. 책임주의 ·················································212
Ⅱ. 책임의 근거 ············································212
Ⅲ. 책임의 본질 ············································213
Ⅳ. 범죄체계론 ··············································213
제2절 책임능력 ·············································217
Ⅰ. 책임능력의 개념 ·····································217
Ⅱ. 책임무능력자 ··········································217
Ⅲ. 한정책임능력자 ······································223
Ⅳ. 아청법의 제한 ········································224
Ⅴ. 원인에 있어서 자유로운 행위 ·················225
제3절 위법성의 인식과 금지착오 ·················227
Ⅰ. 금지착오의 개념 ·····································227
Ⅱ. 금지착오의 유형 ·····································227
Ⅲ. 금지착오의 효과 ·····································228
Ⅳ. 각종 착오에 관한 정리 ···························238
Ⅴ. 피해자의 동의와 관련된 착오의 정리 ·····239
제4절 기대가능성 ·········································240
Ⅰ. 기대가능성의 판단기준 ··························240
Ⅱ. 기대불가능성의 유형 ······························242
Ⅲ. 강요된 행위 ···········································243
제5장 미수론 / 247
제1절 미수범의 일반이론 ······························247
Ⅰ. 범죄실현의 단계 ·····································247
Ⅱ. 선전·선동의 개념 ···································247
제2절 음모·예비죄 ·······································248
Ⅰ. 음모·예비의 개념 ···································248
Ⅱ. 관련문제 ················································249
Ⅲ. 음모예비의 법적성격 ·····························249
Ⅳ. 음모예비 처벌규정 ·································250
제3절 장애미수 ·············································253
Ⅰ. 개념 ·······················································253
Ⅱ. 요건과 효과 ···········································253
Ⅲ. 미수범의 처벌근거 ·································254
Ⅳ. 실행착수시기의 학설대립 ·······················254
Ⅴ. 절도죄와 강도죄의 실행착수시기 ···········254
제4절 중지미수 ·············································262
Ⅰ. 중지미수의 법적 성격 ····························262
Ⅱ. 중지미수의 자의성 ·································262
Ⅲ. 범행중지 또는 결과방지 ·························265
Ⅳ. 공범과 중지미수 ····································266
Ⅴ. 관련문제 ················································268
제5절 불능미수 ·············································269
Ⅰ. 불능미수의 개념 ····································269
Ⅱ. 불능미수의 요건 ····································269
Ⅲ. 위험성에 대한 판단 ································272
Ⅳ. 불능미수의 판단 ·····································273
제6장 공범론 / 276
제1절 공범의 일반이론 ·································276
Ⅰ. 서설 ·······················································276
Ⅱ. 필요적 공범 ············································277
Ⅲ. 정범과 공범의 관계 ·······························280
Ⅳ. 범죄를 교사한 자의 죄책 ·······················282
Ⅴ. 기도된 교사·방조 ···································283
제2절 간접정범 ·············································284
Ⅰ. 정범과 공범의 구별 ································284
Ⅱ. 간접정범의 이용행위 ·····························286
Ⅲ. 간접정범의 처벌 ····································288
Ⅳ. 간접정범과 착오 ····································288
Ⅴ. 특수교사·방조 ·······································289
Ⅵ. 각칙에 문제되는 간접정범 ·····················289
제3절 공동정범 ············································290
Ⅰ. 공동정범의 개념 ····································290
Ⅱ. 주관적 요건 ············································291
Ⅲ. 객관적 요건 ···········································299
Ⅳ. 공동정범의 책임 ····································304
제4절 동시범과 합동범 ································306
Ⅰ. 동시범 ···················································306
Ⅱ. 합동범 ···················································309
제5절 교사범 ·················································311
Ⅰ. 개념 ·························································311
Ⅱ. 성립요건 ··················································311
Ⅲ. 교사의 착오 ············································315
Ⅳ. 관련문제 ·················································316
제6절 방조범 ·················································317
Ⅰ. 개념 ························································317
Ⅱ. 성립요건 ·················································318
Ⅲ. 방조의 착오 ············································322
Ⅳ. 관련문제 ················································323
제7절 공범과 신분 ········································326
Ⅰ. 형법상 신분 ···········································326
Ⅱ. 적극적 신분 (제33조의 해석) ··················327
Ⅲ. 소극적 신분 ···········································330
제3편 죄수형벌론
제1장 죄수론 / 334
제1절 죄수의 일반이론 ·································334
Ⅰ. 죄수론의 의의 ········································334
Ⅱ. 죄수결정의 기준 ····································334
제2절 법조경합 ·············································335
Ⅰ. 특별관계 ················································335
Ⅱ. 보충관계 ················································336
Ⅲ. 흡수관계 ················································337
Ⅳ. 택일관계 ················································339
제3절 포괄일죄 ············································340
Ⅰ. 상습범의 개념 ········································340
Ⅱ. 상습범의 기판력 ····································340
Ⅲ. 상습범과 영업범 관련 판례 ·····················341
제4절 상상적 경합 ········································347
Ⅰ. 개념 ·······················································347
Ⅱ. 요건 ·······················································347
Ⅲ. 효과 ·······················································347
제5절 실체적 경합 ········································353
Ⅰ. 경합범의 개념 ········································353
Ⅱ. 실체법적 요건 ········································353
Ⅲ. 소송법적 요건 ········································353
Ⅳ. 경합범의 효과 ········································355
Ⅴ. 경합범 판례 정리 ···································356
제2장 형벌론 / 361
제1절 형벌의 종류 ·········································361
Ⅰ. 형벌의 종류 ············································361
Ⅱ. 사형 ························································361
Ⅲ. 자유형 - 징역 금고 구류 ·······················362
Ⅳ. 명예형 - 자격상실 자격정지 ··················362
Ⅴ. 재산형 - 벌금 과료 몰수 ·······················363
제2절 형의 양정 ···········································375
Ⅰ. 양형단계 ················································375
Ⅱ. 양형기준 ················································375
Ⅲ. 형의 가중 감경 면제 ······························376
Ⅳ. 미결구금 ················································379
Ⅴ. 판결의 공시 ···········································380
Ⅵ. 자수와 자복 ············································381
Ⅶ. 형사절차의 개관 ····································383
제3절 누범 ····················································385
Ⅰ. 서설 ·······················································385
Ⅱ. 누범가중의 요건 ····································386
Ⅲ. 누범의 효과 ···········································388
Ⅳ. 특가법상 누범 ········································389
제4절 선고유예·집행유예·가석방 ················391
Ⅰ. 선고유예 ·················································391
Ⅱ. 집행유예 ················································394
Ⅲ. 가석방 ····················································398
Ⅳ. 종합정리 ················································400
제5절 형의 시효·소멸·기간 ··························401
Ⅰ. 형의 시효 ···············································401
Ⅱ. 형의 소멸 ···············································402
Ⅲ. 사면·감형·복권 ······································403
Ⅳ. 형의 기간 ···············································404
제6절 보안처분 ············································405
Ⅰ. 서설 ·······················································405
Ⅱ. 형벌과 보안처분의 관계 ························405
Ⅲ. 현행법상 보안처분 ·································405
제2부｜형법 각론
제4편 개인적 법익
제1장 생명과 신체에 대한 죄 / 10
제1절 살인의 죄 ··············································10
Ⅰ. 서설 ··························································10
Ⅱ. 살인죄 ······················································10
Ⅲ. 존속살해죄 ···············································14
Ⅳ. 영아살해죄 ···············································15
Ⅴ. 기타범죄 ···················································16
제2절 상해와 폭행의 죄 ··································19
Ⅰ. 서설 ··························································19
Ⅱ. 상해죄와 폭행죄의 비교 ···························19
Ⅲ. 상해죄 ······················································20
Ⅳ. 폭행죄 ······················································25
제3절 과실치사상의 죄 ··································33
Ⅰ. 서설 ·························································33
Ⅱ. 과실치사상죄 ···········································33
제4절 낙태의 죄 ··············································37
Ⅰ. 서설 ·························································37
Ⅱ. 낙태죄 ······················································38
제5절 유기와 학대의 죄 ·································40
Ⅰ. 서설 ·························································40
Ⅱ. 유기죄 ·····················································40
Ⅲ. 기타 범죄 ·················································42
제2장 자유에 대한 죄 / 45
제1절 협박의 죄 ··············································45
Ⅰ. 서설 ·························································45
Ⅱ. 협박죄 ······················································45
Ⅲ. 기타 범죄 ··················································51
제2절 강요의 죄 ·············································52
Ⅰ. 서설 ·························································52
Ⅱ. 강요죄 ······················································52
Ⅲ. 기타 범죄 ·················································55
제3절 체포와 감금의 죄 ·································57
Ⅰ. 서설 ·························································57
Ⅱ. 체포·감금죄 ·············································57
Ⅲ. 기타 범죄 ··················································61
제4절 약취와 유인의 죄 ·································63
Ⅰ. 서설 ·························································63
Ⅱ. 조문의 분석 - 2013년 개정 ·····················63
Ⅲ. 미성년자 약취·유인죄 ······························64
Ⅳ. 기타 범죄 ·················································67
제5절 강간과 추행의 죄 ·································70
Ⅰ. 서설 ·························································70
Ⅱ. 조문의 분석 ·············································70
Ⅲ. 강간죄 ······················································70
Ⅳ. 기타 범죄 ·················································74
Ⅴ. 성폭력범죄의 처벌 등에 관한 특례법 ······ 83
Ⅵ. 아동·청소년의 성보호에 관한 법률 ·········90
제3장 명예와 신용에 대한 죄 / 92
제1절 명예에 관한 죄 ·····································92
Ⅰ. 서설 ·························································92
Ⅱ. 조문의 분석 ·············································92
Ⅲ. 명예훼손죄 ···············································92
Ⅳ. 기타 범죄 ················································107
제2절 신용에 관한 죄 ····································114
Ⅰ. 서설 ·························································114
Ⅱ. 조문의 분석 ·············································114
Ⅲ. 신용훼손죄 ··············································114
제3절 업무방해죄 ··········································116
Ⅰ. 서설 ·························································116
Ⅱ. 업무방해죄 ··············································116
Ⅲ. 기타 범죄 ················································133
제4장 사생활의 평온에 대한 죄 / 137
제1절 비밀침해의 죄 ·····································137
Ⅰ. 서설 ························································137
Ⅱ. 개인의 비밀 ············································137
제2절 주거침입의 죄 ·····································139
Ⅰ. 보호법익 ·················································139
Ⅱ. 주거침입죄 ·············································140
Ⅲ. 기타 범죄 ················································149
제5장 재산에 대한 죄 / 151
제1절 재산죄의 기본개념 ······························151
Ⅰ. 재산죄의 분류 ·········································151
Ⅱ. 재산죄의 객체 ·········································152
Ⅲ. 형법상 점유 ············································158
Ⅳ. 불법영득의사 ··········································164
Ⅴ. 친족상도례 ·············································169
제2절 절도의 죄 ············································175
Ⅰ. 서설 ························································175
Ⅱ. 절도죄 ·····················································175
Ⅲ. 기타 범죄 ················································178
제3절 강도의 죄 ···········································180
Ⅰ. 서설 ························································180
Ⅱ. 강도죄 ····················································180
Ⅲ. 특수강도죄 ·············································184
Ⅳ. 준강도죄 ·················································185
Ⅴ. 기타 범죄 ···············································190
제4절 사기의 죄 ············································197
Ⅰ. 서설 ························································197
Ⅱ. 사기죄 ·····················································197
Ⅲ. 삼각사기 ·················································227
Ⅳ. 신용카드 관련 범죄 ································234
Ⅴ. 기타 범죄 ···············································240
제5절 공갈의 죄 ···········································245
Ⅰ. 서설 ·······················································245
Ⅱ. 공갈죄 ····················································245
Ⅲ. 기타 범죄 ···············································250
제6절 횡령의 죄 ············································251
Ⅰ. 서설 ························································251
Ⅱ. 횡령죄의 본질 ·········································251
Ⅲ. 횡령죄 ····················································251
Ⅳ. 기타의 횡령죄 ········································283
Ⅴ. 기타 범죄 ···············································286
제7절 배임의 죄 ············································287
Ⅰ. 서설 ·······················································287
Ⅱ. 횡령죄와 배임죄의 관계 ·························288
Ⅲ. 주체 - 대행자 (고용, 위임) ····················289
Ⅳ. 주체 - 협력자 (등기, 지입, 계주, 공채) ·· 302
Ⅴ. 기타 문제들 ············································318
Ⅵ. 기타 범죄들 ···········································324
제8절 장물의 죄 ···········································333
Ⅰ. 서설 ·······················································333
Ⅱ. 장물죄의 본질 ········································333
Ⅲ. 장물의 개념 ···········································334
Ⅳ. 장물죄 ····················································337
Ⅴ. 기타 범죄 ···············································342
제9절 손괴의 죄 ···········································344
Ⅰ. 서설 ·······················································344
Ⅱ. 재물손괴죄 ·············································344
Ⅲ. 기타 범죄 ···············································349
제10절 권리행사를 방해하는 죄 ···················351
Ⅰ. 서설 ························································351
Ⅱ. 권리행사방해죄 ······································351
Ⅲ. 기타 범죄 ···············································357
Ⅳ. 강제집행면탈죄 ······································357
제5편 사회적 법익
제1장 공공의 안전과 평온에 대한 죄 / 368
제1절 공안을 해하는 죄 ·······························368
Ⅰ. 서설 ·······················································368
Ⅱ. 공안을 해하는 죄 ···································368
제2절 폭발물에 관한 죄 ·······························373
Ⅰ. 서설 ·······················································373
Ⅱ. 폭발물에 관한 죄 ···································373
제3절 방화와 실화의 죄 ·······························375
Ⅰ. 서설 ·······················································375
Ⅱ. 현주건조물등방화죄 ·······························376
Ⅲ. 기타 범죄 ···············································378
제4절 일수와 수리에 관한 죄 ······················383
Ⅰ. 서설 ·······················································383
Ⅱ. 일수와 수리에 관한 죄 ···························384
제5절 교통방해의 죄 ····································386
Ⅰ. 서설 ·······················································386
Ⅱ. 일반교통방해죄 ······································386
Ⅲ. 기타 범죄 ················································391
제2장 공중의 건강에 대한 죄 / 393
제1절 음용수에 관한 죄 ································393
Ⅰ. 서설 ·······················································393
Ⅱ. 음용수에 관한 죄 ···································393
제2절 아편에 관한 죄 ···································395
Ⅰ. 서설 ·······················································395
Ⅱ. 아편에 관한 죄 ·······································395
제3장 공공의 신용에 대한 죄 / 397
제1절 통화에 관한 죄 ···································397
Ⅰ. 서설 ·······················································397
Ⅱ. 통화위조·변조죄 ····································397
Ⅲ. 기타 범죄 ···············································399
제2절 유가증권·인지·우표에 관한 죄 ··········401
Ⅰ. 서설 ························································401
Ⅱ. 유가증권 위조·변조죄 ····························401
Ⅲ. 자격모용에 의한 유가증권작성죄 ···········407
Ⅳ. 허위유가증권작성죄 ······························408
Ⅴ. 각 범죄의 비교 ······································409
Ⅵ. 기타 범죄 ················································413
제3절 문서에 관한 죄 ···································415
Ⅰ. 서설 ························································415
Ⅱ. 문서 위조·변조죄 ···································415
Ⅲ. 자격모용에 의한 문서작성죄 ··················432
Ⅳ. 허위문서작성죄 ······································435
Ⅴ. 전자기록 위작·변작죄 ····························443
Ⅵ. 공정증서원본 등 부실기재죄 ··················446
Ⅶ. 기타 범죄 ···············································454
제4절 인장에 관한 죄 ··································460
Ⅰ. 서설 ·······················································460
Ⅱ. 인장에 관한 죄 ······································460
제4장 사회의 도덕에 대한 죄 / 463
제1절 성풍속에 관한 죄 ································463
Ⅰ. 서설 ·······················································463
Ⅱ. 성풍속에 관한 죄 ···································463
제2절 도박과 복표에 관한 죄 ······················468
Ⅰ. 서설 ·······················································468
Ⅱ. 도박과 복표에 관한 죄 ···························468
제3절 신앙에 관한 죄 ···································472
Ⅰ. 서설 ·······················································472
Ⅱ. 신앙에 관한 죄 ·······································472
제6편 국가적 법익
제1장 국가의 존립과 권위에 대한 죄 / 478
제1절 내란의 죄 ············································478
Ⅰ. 서설 ·······················································478
Ⅱ. 내란죄 ····················································478
제2절 외환의 죄 ············································481
Ⅰ. 서설 ························································481
Ⅱ. 외환죄 ····················································481
제3절 국기에 관한 죄 ··································486
Ⅰ. 서설 ·······················································486
Ⅱ. 국기에 관한 죄 ······································486
제4절 국교에 관한 죄 ···································487
Ⅰ. 서설 ·······················································487
Ⅱ. 국교에 관한 죄 ·······································487
제2장 국가의 기능에 대한 죄 / 490
제1절 공무원의 직무에 관한 죄 ···················490
Ⅰ. 서설 ·······················································490
Ⅱ. 공무원의 개념 ········································490
Ⅲ. 직무유기죄 ·············································491
Ⅳ. 직권남용 권리행사방해죄 ······················496
Ⅴ. 기타 범죄 ···············································502
제2절 뇌물에 관한 죄 ··································506
Ⅰ. 서설 ·······················································506
Ⅱ. 뇌물성 ···················································506
Ⅲ. 뇌물에 관한 죄 ·······································513
Ⅳ. 뇌물의 몰수·추징 ···································529
제3절 공무방해에 관한 죄 ···························533
Ⅰ. 서설 ·······················································533
Ⅱ. 공무집행방해죄 ······································533
Ⅲ. 위계에 의한 공무집행방해죄 ··················544
Ⅳ. 기타 범죄 ················································551
제4절 도주죄 ················································563
Ⅰ. 서설 ·······················································563
Ⅱ. 도주죄 ····················································563
제5절 범인은닉의 죄 ····································565
Ⅰ. 서설 ·······················································565
Ⅱ. 범인은닉죄 ·············································565
제6절 증거인멸의 죄 ····································572
Ⅰ. 서설 ·······················································572
Ⅱ. 증거인멸죄 ·············································572
Ⅲ. 기타 범죄 ···············································575
Ⅳ. 친족간 특례 ············································576
제7절 위증죄 ·················································577
Ⅰ. 서설 ························································577
Ⅱ. 위증죄 ····················································577
Ⅲ. 기타 위증죄 ···········································583
제8절 무고죄 ················································584
Ⅰ. 서설 ·······················································584
Ⅱ. 무고죄 ····················································584
Ⅲ. 자수·자백의 특례 ···································595
