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 ···································································································· 41
[1] 형법학파/ 41 [2] 형벌이론/ 44 [3] 범죄이론/ 46
제3장 형법의 적용범위
제1절 형법의 시간적 적용범위 ··············································································· 48
[1] 서 설/ 48 [2] 형법의 태도/ 48 [3] 한시법/ 59
제2절 형법의 장소적 적용범위 ·············································································· 64
[1] 서 설/ 64 [2] 형법의 태도/ 65
제3절 형법의 인적 적용범위 ················································································· 71
[1] 의 의/ 71 [2] 예 외/ 71
제2편 범 죄 론
제1장 범죄론의 기초
제1절 범죄의 의의와 종류 ····················································································· 75
[1] 범죄의 의의와 본질/ 75 [2] 범죄의 성립요건·처벌조건·소추조건/ 76
[3] 범죄의 종류/ 79
제2절 행위론 ······································································································· 86
[1] 서 설/ 86 [2] 행위론의 종류/ 87
제3절 범죄체계론 ································································································ 90
[1] 범죄체계론의 의의/ 90 [2] 범죄체계론의 현황/ 91
제4절 행위의 주체와 객체 ····················································································· 92
[1] 행위의 주체/ 92 [2] 행위의 객체와 보호의 객체/ 100
제2장 구성요건론
제1절 구성요건의 일반이론 ··············································································· 102
[1] 구성요건의 의의/ 102 [2] 구성요건과 위법성의 관계/ 103
[3] 구성요건의 요소/ 104 [4] 구성요건해당성배제사유/ 105
제2절 결과반가치와 행위반가치 ··········································································· 106
[1] 결과반가치와 행위반가치/ 106 [2] 결과반가치론과 행위반가치론/ 106
[3] 결과반가치와 행위반가치의 내용/ 108
제3절 부작위범 ································································································ 110
[1] 부작위/ 110 [2] 부작위범/ 112
[3] 부진정부작위범의 구성요건/ 116 [4] 관련문제/ 126
제4절 인과관계와 객관적 귀속 ············································································ 129
[1] 서 설/ 129 [2] 인과관계에 관한 학설/ 131
[3] 객관적 귀속이론/ 140 [4] 형법 제17조의 해석/ 146
제5절 구성요건적 고의 ······················································································ 147
[1] 고의의 의의와 본질/ 147 [2] 고의의 체계적 지위/ 148
[3] 고의의 내용/ 149 [4] 고의의 종류/ 151
제6절 구성요건적 착오 ······················································································· 159
[1] 서 설/ 159 [2] 구성요건적 착오의 유형/ 160
[3] 구성요건적 착오에 관한 학설과 판례/ 162
[4] 가감적 구성요건요소에 대한 착오/ 167
[5] 인과관계의 착오와 개괄적 고의/ 169 [6] 관련문제/ 174
제7절 과실범 ····································································································· 175
[1] 서 설/ 175 [2] 과실범의 성립요건/ 179
[3] 객관적 주의의무의 제한원리/ 187 [4] 관련문제/ 194
제8절 결과적 가중범 ·························································································· 195
[1] 서 설/ 195 [2] 결과적 가중범의 성립요건/ 198
[3] 관련문제/ 204

 

제3장 위법성론
제1절 위법성의 일반이론 ···················································································· 210
[1] 위법성의 의의/ 210 [2] 위법성의 본질/ 211
[3] 위법성의 평가방법/ 212 [4] 위법성조각사유/ 213
제2절 정당방위 ·································································································· 219
[1] 서 설/ 219 [2] 정당방위의 성립요건/ 220
[3] 정당방위의 효과/ 231 [4] 과잉방위와 오상방위/ 233
제3절 긴급피난 ·································································································· 238
[1] 서 설/ 238 [2] 긴급피난의 성립요건/ 240
[3] 긴급피난의 효과/ 246 [4] 과잉피난과 오상피난/ 247
[5] 의무의 충돌/ 247
제4절 자구행위 ·································································································· 252
[1] 서 설/ 252 [2] 자구행위의 성립요건/ 253
[3] 자구행위의 효과/ 257 [4] 과잉자구행위와 오상자구행위/ 257
제5절 피해자의 승낙 ·························································································· 259
[1] 양 해/ 259 [2] 피해자의 승낙/ 261
[3] 추정적 승낙/ 266
제6절 정당행위 ·································································································· 270
[1] 서 설/ 270 [2] 법령에 의한 행위/ 271
[3] 업무로 인한 행위/ 279 [4] 사회상규에 위배되지 않는 행위/ 283
제4장 책임론
제1절 책임의 일반이론 ······················································································ 292
[1] 서 설/ 292 [2] 책임의 근거/ 293
[3] 책임의 본질/ 295 [4] 책임의 판단/ 298
제2절 책임능력 ·································································································· 300
[1] 서 설/ 300 [2] 책임무능력자/ 301
[3] 한정책임능력자/ 306 [4] 원인에 있어서 자유로운 행위/ 308
제3절 위법성의 인식과 금지착오 ········································································· 316
[1] 위법성의 인식/ 316 [2] 금지착오/ 320
[3] 위법성조각사유의 전제사실에 대한 착오/ 333
제4절 기대가능성 ······························································································· 338
[1] 기대가능성이론/ 338 [2] 강요된 행위/ 343
[3] 초법규적 책임조각사유/ 347
제5장 미수론
제1절 미수범의 일반이론 ··················································································· 349
[1] 범죄실현의 단계/ 349 [2] 미수범의 처벌근거/ 351
제2절 장애미수 ·································································································· 353
[1] 의 의/ 353 [2] 장애미수의 성립요건/ 353
[3] 장애미수의 처벌/ 360 [4] 관련문제/ 361
제3절 중지미수 ·································································································· 362
[1] 서 설/ 362 [2] 중지미수의 성립요건/ 363
[3] 중지미수의 처벌/ 371 [4] 관련문제/ 372
제4절 불능미수 ································································································· 377
[1] 서 설/ 377 [2] 불능미수의 성립요건/ 378
[3] 불능미수의 처벌 및 관련문제/ 384
제5절 예비죄 ···································································································· 387
[1] 서 설/ 387 [2] 예비죄의 법적 성격/ 388
[3] 예비죄의 성립요건/ 389 [4] 관련문제/ 392
제6장 정범 및 공범론
제1절 정범·공범의 일반이론 ················································································ 395
[1] 서 설/ 395 [2] 정범과 공범의 구별/ 400
[3] 공범의 종속성과 처벌근거/ 405
제2절 간접정범 ·································································································· 410
[1] 서 설/ 410 [2] 간접정범의 성립요건/ 411
[3] 간접정범의 처벌/ 417 [4] 관련문제/ 417
[5] 특수교사·방조/ 421
제3절 공동정범 ································································································· 422
[1] 서 설/ 422 [2] 공동정범의 성립요건/ 424
[3] 공동정범의 처벌/ 443 [4] 관련문제/ 444
제4절 교사범 ····································································································· 456
[1] 서 설/ 456 [2] 교사범의 성립요건/ 457
[3] 교사의 착오/ 463 [4] 교사범의 처벌/ 466
[5] 관련문제/ 466
제5절 종 범 ······································································································ 469
[1] 서 설/ 469 [2] 종범의 성립요건/ 470
[3] 종범의 착오/ 478 [4] 종범의 처벌/ 479
[5] 관련문제/ 480
제6절 공범과 신분 ····························································································· 482
[1] 서 설/ 482 [2] 형법 제33조의 해석론/ 484
[3] 소극적 신분과 공범/ 492 [4] 입법론/ 494
제7장 죄수론
제1절 죄수의 일반이론 ······················································································· 495
[1] 죄수론의 의의/ 495 [2] 죄수결정의 기준/ 495
[3] 수죄의 처벌/ 499
제2절 일 죄 ······································································································ 500
[1] 서 설/ 500 [2] 법조경합 / 500 [3] 포괄일죄/ 509
제3절 수 죄 ······································································································ 521
[1] 상상적 경합/ 521 [2] 실체적 경합/ 530
제3편 형 벌 론
제1절 형벌의 종류 ····························································································· 543
[1] 서 설/ 543 [2] 사 형/ 543 [3] 자유형/ 544
[4] 재산형/ 545 [5] 명예형/ 556 [6] 형의 경중/ 557
제2절 형의 양정 ································································································ 559
[1] 의 의/ 559 [2] 형의 양정의 단계/ 559
[3] 형의 가중·감경·면제/ 559 [4] 양 형/ 566
[5] 판결선고 전 구금 및 판결의 공시/ 568
제3절 누 범 ······································································································ 571
[1] 서 설/ 571 [2] 누범가중의 요건/ 572
[3] 누범의 효과/ 575 [4] 판결선고 후의 누범발각/ 576
제4절 집행유예·선고유예·가석방 ··········································································· 577
[1] 집행유예/ 577 [2] 선고유예/ 584 [3] 가석방/ 588
제5절 형의 시효·소멸·기간 ·················································································· 592
[1] 형의 시효/ 592 [2] 형의 소멸·실효와 복권·사면/ 593
[3] 형의 기간/ 596
제6절 보안처분 ·································································································· 597
[1] 보안처분의 일반이론/ 597 [2] 현행법상의 보안처분/ 600

 

형법각론
제1편 개인적 법익에 대한 죄
제1장 생명과 신체에 대한 죄
제1절 살인의 죄 ································································································ 609
[1] 총 설/ 609 [2] 살인죄/ 609 [3] 존속살해죄/ 615
[4] 영아살해죄/ 617 [5] 촉탁·승낙살인죄/ 619 [6] 자살교사·방조죄/ 621
[7] 위계·위력에 의한 살인죄/ 624 [8] 살인예비·음모죄/ 625
제2절 상해와 폭행의 죄 ······················································································ 626
[1] 총 설/ 626 [2] 상해죄/ 627 [3] 존속상해죄/ 633
[4] 중상해죄/ 633 [5] 존속중상해죄/ 635 [6] 특수상해죄/ 635
[7] 상해치사죄·존속상해치사죄/ 635 [8] 상해의 동시범특례/ 636
[9] 폭행죄/ 636 [10] 존속폭행죄/ 641 [11] 특수폭행죄/ 642
[12] 폭행치사상죄/ 647 [13] 상습상해·폭행죄/ 648
제3절 과실치사상의 죄 ······················································································· 650
[1] 총 설/ 650 [2] 과실치상죄/ 651 [3] 과실치사죄/ 651
[4] 업무상과실·중과실치사상죄/ 652
제4절 낙태의 죄 ································································································ 663
[1] 총 설/ 663 [2] 자기낙태죄/ 665 [3] 동의낙태죄/ 667
[4] 업무상동의낙태죄/ 668 [5] 부동의낙태죄/ 669 [6] 낙태치사상죄/ 670
제5절 유기와 학대의 죄 ···················································································· 671
[1] 총 설/ 671 [2] 유기죄/ 672 [3] 존속유기죄/ 676
[4] 중유기죄·존속중유기죄/ 676 [5] 영아유기죄/ 676
[6] 학대죄/ 677 [7] 존속학대죄/ 679 [8] 아동혹사죄/ 679
[9] 유기치사상죄/ 680
제2장 자유에 대한 죄
제1절 협박의 죄 ································································································ 681
[1] 총 설/ 681 [2] 협박죄/ 682 [3] 존속협박죄/ 690
[4] 특수협박죄/ 690 [5] 상습협박죄/ 691
제2절 강요의 죄 ································································································ 692
[1] 총 설/ 692 [2] 강요죄/ 692 [3] 특수강요죄/ 697 [4] 중강요죄/ 698
[5] 인질강요죄/ 698 [6] 인질상해·치상죄/ 700 [7] 인질살해·치사죄/ 700
제3절 체포와 감금의 죄 ······················································································ 701
[1] 총 설/ 701 [2] 체포·감금죄/ 701 [3] 존속체포·감금죄/ 708
[4] 중체포·감금죄, 존속중체포·감금죄/ 708 [5] 특수체포·감금죄/ 709
[6] 상습체포·감금죄/ 710 [7] 체포·감금치사상죄/ 710
제4절 약취·유인 및 인신매매의 죄 ······································································· 711
[1] 총 설/ 711 [2] 미성년자 약취·유인죄/ 712
[3] 추행·간음·결혼·영리목적 약취·유인죄/ 717
[4] 노동력 착취·성매매와 성적 착취·장기적출목적 약취·유인죄/ 720
[5] 국외이송목적 약취·유인죄/ 721 [6] 피약취·유인자 국외이송죄/ 721
[7] 인신매매죄/ 722 [8] 추행·간음·결혼·영리목적 인신매매죄/ 723
[9] 노동력 착취·성매매와 성적 착취·장기적출목적 인신매매죄/ 723
[10] 국외이송목적 인신매매죄/ 724 [11] 피매매자 국외이송죄/ 724
[12] 피약취·유인·매매·이송자 상해·치상죄/ 725
[13] 피약취·유인·매매·이송자 살인·치사죄/ 725
[14] 피약취·유인·매매·이송자 수수·은닉죄/ 725
[15] 약취·유인·매매·이송목적 모집·운송·전달죄/ 726
제5절 강간과 추행의 죄 ····················································································· 728
[1] 총 설/ 728 [2] 강간죄/ 731 [3] 유사강간죄/ 736
[4] 강제추행죄/ 738 [5] 준강간죄·준강제추행죄/ 741
[6] 미성년자의제강간·강제추행죄/ 743
[7] 강간상해·치상죄, 강간살인·치사죄/ 745
[8] 미성년자·심신미약자 간음·추행죄/ 749
[9] 피감호자간음죄/ 751 [10] 피구금자간음죄/ 753 [11] 상습범/ 754
제3장 명예와 신용에 대한 죄
제1절 명예에 관한 죄 ························································································· 755
[1] 총 설/ 755 [2] 명예훼손죄/ 756 [3] 사자의 명예훼손죄/ 773
[4] 출판물에 의한 명예훼손죄/ 774 [5] 모욕죄/ 778 
제2절 신용·업무와 경매에 관한 죄 ······································································· 783
[1] 총 설/ 783 [2] 신용훼손죄/ 783 [3] 업무방해죄/ 786
[4] 컴퓨터업무방해죄/ 803 [5] 경매·입찰방해죄/ 807
제4장 사생활의 평온에 대한 죄
제1절 비밀침해의 죄 ·························································································· 811
[1] 총 설/ 811 [2] 비밀침해죄/ 812 [3] 업무상비밀누설죄/ 815
제2절 주거침입의 죄 ·························································································· 819
[1] 총 설/ 819 [2] 주거침입죄/ 820 [3] 퇴거불응죄/ 832
[4] 특수주거침입죄/ 834 [5] 주거·신체수색죄/ 834
제5장 재산에 대한 죄
제1절 재산죄의 기본개념 ···················································································· 836
[1] 재산죄의 분류/ 836 [2] 재산죄의 객체/ 837 [3] 형법상의 점유/ 845
[4] 불법영득의사/ 855 [5] 친족상도례/ 867
제2절 절도의 죄 ································································································ 874
[1] 총 설/ 874 [2] 절도죄/ 875 [3] 야간주거침입절도죄/ 886
[4] 특수절도죄/ 888 [5] 자동차 등 불법사용죄/ 894 [6] 상습절도죄/ 897
제3절 강도의 죄 ································································································ 898
[1] 총 설/ 898 [2] 강도죄/ 899 [3] 특수강도죄/ 909
[4] 준강도죄/ 912 [5] 인질강도죄/ 920
[6] 강도상해·치상죄/ 922 [7] 강도살인·치사죄/ 926
[8] 강도강간죄/ 928 [9] 해상강도죄, 해상강도상해·치상·살인·치사·강간죄/ 931
[10] 상습강도죄/ 933 [11] 강도예비·음모죄/ 933
제4절 사기의 죄 ································································································ 935
[1] 총 설/ 935 [2] 사기죄/ 936
[3] 컴퓨터 등 사용사기죄/ 979 [4] 신용카드 관련범죄/ 984
[5] 준사기죄/ 994 [6] 편의시설부정이용죄/ 996
[7] 부당이득죄/ 997 [8] 상습사기죄/ 1000
제5절 공갈의 죄 ······························································································· 1001
[1] 총 설/ 1001 [2] 공갈죄/ 1002
[3] 특수공갈죄/ 1011 [4] 상습공갈죄/ 1011
제6절 횡령의 죄 ······························································································ 1012
[1] 총 설/ 1012 [2] 횡령죄/ 1014
[3] 업무상횡령죄/ 1056 [4] 점유이탈물횡령죄/ 1057
제7절 배임의 죄 ······························································································ 1059
[1] 총 설/ 1059 [2] 배임죄/ 1061 [3] 업무상배임죄/ 1095
[4] 배임수재죄/ 1095 [5] 배임증재죄/ 1104
제8절 장물의 죄 ······························································································· 1106
[1] 총 설/ 1106 [2] 장물죄/ 1116
[3] 상습장물죄/ 1123 [4] 업무상과실·중과실장물죄/ 1124
제9절 손괴의 죄 ······························································································· 1125
[1] 총 설/ 1125 [2] 재물손괴죄/ 1125
[3] 공익건조물파괴죄/ 1133 [4] 중손괴죄·손괴치사상죄/ 1134
[5] 특수손괴죄/ 1135 [6] 경계침범죄/ 1135
제10절 권리행사를 방해하는 죄 ········································································· 1139
[1] 총 설/ 1139 [2] 권리행사방해죄/ 1139 [3] 점유강취죄/ 1145
[4] 준점유강취죄/ 1146 [5] 중권리행사방해죄/ 1147
[6] 강제집행면탈죄/ 1147
제2편 사회적 법익에 대한 죄
제1장 공공의 안전과 평온에 대한 죄
제1절 공안을 해하는 죄 ··················································································· 1159
[1] 총 설/ 1159 [2] 범죄단체 등 조직죄/ 1159 [3] 소요죄/ 1164
[4] 다중불해산죄/ 1166 [5] 전시공수계약불이행죄/ 1167
[6] 공무원자격사칭죄/ 1168
제2절 폭발물에 관한 죄 ················································································ ···1170
[1] 총 설/ 1170 [2] 폭발물사용죄/ 1170 [3] 전시폭발물사용죄/ 1172
[4] 폭발물사용 예비·음모·선동죄/ 1172
[5] 전시폭발물 제조·수입·수출·수수·소지죄/ 1172
제3절 방화와 실화의 죄 ···················································································· 1173
[1] 총 설/ 1173 [2] 현주건조물 등 방화죄/ 1175
[3] 현주건조물 등 방화치사상죄/ 1180 [4] 공용건조물 등 방화죄/ 1181
[5] 일반건조물 등 방화죄/ 1182 [6] 일반물건방화죄/ 1184
[7] 연소죄/ 1185 [8] 진화방해죄/ 1186
[9] 폭발성물건파열죄/ 1187 [10] 폭발성물건파열치사상죄/ 1187
[11] 가스·전기 등 방류죄/ 1187 [12] 가스·전기 등 방류치사상죄/ 1188
[13] 가스·전기 등 공급방해죄/ 1188 [14] 가스·전기 등 공급방해치사상죄/ 1188
[15] 방화 등 예비·음모죄/ 1188 [16] 실화죄/ 1189
[17] 업무상실화·중실화죄/ 1189 [18] 과실폭발성물건파열 등 죄/ 1190
제4절 일수와 수리에 관한 죄 ············································································ 1191
[1] 총 설/ 1191 [2] 현주건조물 등 일수죄/ 1191
[3] 현주건조물일수치사상죄/ 1192 [4] 공용건조물 등 일수죄/ 1192
[5] 일반건조물 등 일수죄/ 1193 [6] 방수방해죄/ 1193
[7] 과실일수죄/ 1194 [8] 일수예비·음모죄/ 1194 [9] 수리방해죄/ 1194
제5절 교통방해의 죄 ························································································ 1197
[1] 총 설/ 1197 [2] 일반교통방해죄/ 1197 [3] 기차·선박 등 교통방해죄/ 1201
[4] 기차 등 전복죄/ 1202 [5] 교통방해치사상죄/ 1203
[6] 과실교통방해죄/ 1203 [7] 업무상과실·중과실교통방해죄/ 1203
제2장 공공의 신용에 대한 죄
제1절 통화에 관한 죄 ······················································································· 1205
[1] 총 설/ 1205 [2] 내국통화 위조·변조죄/ 1206
[3] 내국유통 외국통화 위조·변조죄/ 1208
[4] 외국통용 외국통화 위조·변조죄/ 1208
[5] 위조·변조통화 행사 등 죄/ 1209 [6] 위조·변조통화취득죄/ 1212
[7] 위조통화취득후지정행사죄/ 1212 [8] 통화유사물제조·수입·수출죄/ 1213
[9] 통화위조·변조 예비·음모죄/ 1214
제2절 유가증권·인지와 우표에 관한 죄 ······························································· 1215
[1] 총 설/ 1215 [2] 유가증권 위조·변조죄/ 1215
[3] 기재의 위조·변조죄/ 1222 [4] 자격모용에 의한 유가증권작성죄/ 1224
[5] 허위유가증권작성죄/ 1225 [6] 위조 등 유가증권 행사·수입·수출죄/ 1227
[7] 인지·우표 위조·변조죄/ 1229
[8] 위조·변조 인지·우표 행사·수입·수출죄/ 1229
[9] 위조·변조 인지·우표 취득죄/ 1230 [10] 소인말소죄/ 1230
[11] 인지·우표유사물 제조·수입·수출죄/ 1230 [12] 예비·음모죄/ 1230
제3절 문서에 관한 죄 ······················································································· 1231
[1] 총 설/ 1231 [2] 사문서위조·변조죄/ 1241
[3] 자격모용에 의한 사문서작성죄/ 1254 [4] 사전자기록 위작·변작죄/ 1257
[5] 공문서위조·변조죄/ 1259 [6] 자격모용에 의한 공문서작성죄/ 1260
[7] 공전자기록 위작·변작죄/ 1261 [8] 허위진단서 등 작성죄/ 1262
[9] 허위공문서작성죄/ 1264 [10] 공정증서원본 등 부실기재죄/ 1272
[11] 위조·변조·작성 사문서행사죄/ 1282
[12] 위조·변조 등 공문서행사죄/ 1284 [13] 사문서부정행사죄/ 1285
[14] 공문서부정행사죄/ 1286
제4절 인장에 관한 죄 ······················································································· 1291
[1] 총 설/ 1291 [2] 사인 등 위조·부정사용죄/ 1293
[3] 위조사인 등 행사죄/ 1295 [4] 공인 등 위조·부정사용죄/ 1295
[5] 위조공인 등 행사죄/ 1296
제3장 공중의 건강에 대한 죄
제1절 음용수에 관한 죄 ···················································································· 1298
[1] 총 설/ 1298 [2] 음용수사용방해죄/ 1298
[3] 음용수유해물혼입죄/ 1299 [4] 수도음용수사용방해죄/ 1300
[5] 수도음용수유해물혼입죄/ 1301 [6] 음용수혼독치사상죄/ 1301
[7] 수도불통죄/ 1301
제2절 아편에 관한 죄 ······················································································· 1303
[1] 총 설/ 1303 [2] 아편흡식죄/ 1303 [3] 아편흡식장소제공죄/ 1304
[4] 아편 등 제조·수입·판매·판매목적소지죄/ 1305
[5] 아편흡식기 제조·수입·판매·판매목적소지죄/ 1305
[6] 세관공무원의 아편 등 수입·수입허용죄/ 1306
[7] 상습아편흡식·제조·수입·판매죄/ 1306 [8] 아편 등 소지죄/ 1306
제4장 사회의 도덕에 대한 죄
제1절 성풍속에 관한 죄 ···················································································· 1307
[1] 총 설/ 1307 [2] 음행매개죄/ 1307
[3] 음화 등 반포·판매·임대·공연전시죄/ 1309
[4] 음화 등 제조·소지·수입·수출죄/ 1313 [5] 공연음란죄/ 1314
제2절 도박과 복표에 관한 죄 ············································································ 1317
[1] 총 설/ 1317 [2] 도박죄/ 1317 [3] 상습도박죄/ 1321
[4] 도박장소 등 개설죄/ 1321 [5] 복표발매·중개·취득죄/ 1323
제3절 신앙에 관한 죄 ······················································································· 1326
[1] 총 설/ 1326 [2] 장례식 등 방해죄/ 1326
[3] 사체 등 오욕죄/ 1328 [4] 분묘발굴죄/ 1329
[5] 사체 등 손괴·유기·은닉·영득죄/ 1331 [6] 변사체검시방해죄/ 1333
제3편 국가적 법익에 대한 죄
제1장 국가의 존립과 권위에 대한 죄
제1절 내란의 죄 ······························································································· 1337
[1] 총 설/ 1337 [2] 내란죄/ 1337 [3] 내란목적살인죄/ 1342
[4] 내란예비·음모·선동·선전죄/ 1343
제2절 외환의 죄 ······························································································· 1345
[1] 총 설/ 1345 [2] 외환유치죄/ 1345 [3] 여적죄/ 1346
[4] 모병이적죄/ 1347 [5] 시설제공이적죄/ 1347
[6] 시설파괴이적죄/ 1347 [7] 물건제공이적죄/ 1347
[8] 일반이적죄/ 1347 [9] 간첩죄/ 1348
[10] 전시군수계약불이행죄/ 1352 [11] 외환예비·음모·선동·선전죄/ 1353
제3절 국기에 관한 죄 ······················································································· 1354
[1] 총 설/ 1354 [2] 국기·국장모독죄/ 1354
[3] 국기·국장비방죄/ 1355
제4절 국교에 관한 죄 ······················································································· 1356
[1] 총 설/ 1356 [2] 외국원수에 대한 폭행 등 죄/ 1356
[3] 외국사절에 대한 폭행 등 죄/ 1357 [4] 외국국기·국장모독죄/ 1358
[5] 외국에 대한 사전죄/ 1358 [6] 중립명령위반죄/ 1358
[7] 외교상기밀누설죄/ 1359
제2장 국가의 기능에 대한 죄
제1절 공무원의 직무에 관한 죄 ········································································· 1361
[1] 총 설/ 1361 [2] 직무유기죄/ 1362 [3] 피의사실공표죄/ 1370
[4] 공무상비밀누설죄/ 1371 [5] 직권남용죄/ 1374
[6] 불법체포·감금죄/ 1379 [7] 폭행·가혹행위죄/ 1381
[8] 선거방해죄/ 1382 [9] 뇌물죄의 일반이론/ 1382
[10] 수뢰죄/ 1398 [11] 사전수뢰죄/ 1404
[12] 제3자뇌물공여죄/ 1405 [13] 수뢰후부정처사죄/ 1409
[14] 부정처사후수뢰죄/ 1410 [15] 사후수뢰죄/ 1411
[16] 알선수뢰죄/ 1411 [17] 증뢰죄/ 1414
제2절 공무방해에 관한 죄 ················································································· 1418
[1] 총 설/ 1418 [2] 공무집행방해죄/ 1418
[3] 직무·사직강요죄/ 1434 [4] 위계에 의한 공무집행방해죄/ 1435
[5] 법정·국회회의장모욕죄/ 1444 [6] 인권옹호직무방해죄/ 1445
[7] 공무상 봉인 등 표시무효죄/ 1446 [8] 공무상비밀침해죄/ 1452
[9] 부동산강제집행효용침해죄/ 1452 [10] 공용서류 등 무효죄/ 1454
[11] 공용물파괴죄/ 1457 [12] 공무상보관물무효죄/ 1458
[13] 특수공무방해죄·특수공무방해치사상죄/ 1459
제3절 도주와 범인은닉의 죄 ·············································································· 1462
[1] 총 설/ 1462 [2] 도주죄/ 1462 [3] 집합명령위반죄/ 1464
[4] 특수도주죄/ 1465 [5] 도주원조죄/ 1466
[6] 간수자도주원조죄/ 1467 [7] 범인은닉죄/ 1468
제4절 위증과 증거인멸의 죄 ·············································································· 1480
[1] 총 설/ 1480 [2] 위증죄/ 1480 [3] 모해위증죄/ 1492
[4] 허위감정·통역·번역죄/ 1492 [5] 증거인멸죄/ 1493
[6] 증인은닉·도피죄/ 1499 [7] 모해증거인멸죄/ 1501
제5절 무고의 죄 ······························································································· 1502
[1] 총 설/ 1502 [2] 무고죄/ 1502
[판례색인] ······································································································ 1516