형법총론

제1편 형법의 일반이론

제1장 형법의 기본개념
제1절 형법의 의의와 성격 ······················································································ 5
[1] 형법의 의의/ 5 [2] 형법의 성격/ 6
제2절 형법의 기능 ································································································· 7
[1] 규제적 기능/ 7 [2] 보호적 기능/ 7 [3] 보장적 기능/ 8
제3절 형법의 발전 ································································································· 9
제2장 형법의 기본원리
제1절 죄형법정주의 ······························································································ 10
[1] 죄형법정주의의 의의/ 10 [2] 죄형법정주의의 연혁과 사상적 배경/ 10
[3] 죄형법정주의의 현대적 의의/ 11 [4] 죄형법정주의의 내용/ 11
제2절 형법이론 ···································································································· 33
[1] 형법학파/ 33 [2] 형벌이론/ 34 [3] 범죄이론/ 36
제3장 형법의 적용범위
제1절 형법의 시간적 적용범위 ··············································································· 37
[1] 서 설/ 37 [2] 형법의 태도/ 37 [3] 한시법/ 47
제2절 형법의 장소적 적용범위 ··············································································· 52
[1] 서 설/ 52 [2] 형법의 태도/ 53
제3절 형법의 인적 적용범위 ·················································································· 59
[1] 의 의/ 59 [2] 예 외/ 59

제2편 범 죄 론

제1장 범죄론의 기초
제1절 범죄의 의의와 종류 ····················································································· 63
[1] 범죄의 의의와 본질/ 63 [2] 범죄의 성립요건·처벌조건·소추조건/ 64
[3] 범죄의 종류/ 66
제2절 행위론 ······································································································· 73
[1] 서 설/ 73 [2] 행위론의 종류/ 74
제3절 범죄체계론 ································································································· 77
[1] 범죄체계론의 의의/ 77 [2] 범죄체계론의 현황/ 77
제4절 행위의 주체와 객체 ····················································································· 78
[1] 행위의 주체/ 78 [2] 행위의 객체와 보호의 객체/ 84
제2장 구성요건론
제1절 구성요건의 일반이론 ··················································································· 85
[1] 구성요건의 의의/ 85 [2] 구성요건이론의 발전/ 85
[3] 구성요건과 위법성의 관계/ 86 [4] 구성요건의 유형/ 87
[5] 구성요건의 요소/ 89 [6] 구성요건해당성 배제사유/ 90
제2절 결과반가치와 행위반가치 ············································································· 91
[1] 결과반가치와 행위반가치/ 91 [2] 결과반가치론과 행위반가치론/ 91
[3] 결과반가치와 행위반가치의 내용/ 93
제3절 부작위범 ···································································································· 95
[1] 부작위/ 95 [2] 부작위범/ 97
[3] 부진정부작위범의 구성요건/ 100 [4] 관련문제/ 109
제4절 인과관계와 객관적 귀속 ············································································· 111
[1] 서 설/ 111 [2] 인과관계에 관한 학설/ 113
[3] 객관적 귀속이론/ 121 [4] 형법 제17조의 해석/ 125
제5절 구성요건적 고의 ······················································································· 126
[1] 고의의 의의와 본질/ 126 [2] 고의의 체계적 지위/ 127
[3] 고의의 내용/ 128 [4] 고의의 종류/ 130
제6절 구성요건적 착오 ······················································································· 135
[1] 서 설/ 135 [2] 구성요건적 착오의 유형/ 137
[3] 구성요건적 착오에 관한 학설과 판례/ 138
[4] 가감적 구성요건요소에 대한 착오/ 142
[5] 인과관계의 착오와 개괄적 고의/ 143 [6] 관련문제/ 146
제7절 과실범 ····································································································· 147
[1] 서 설/ 147 [2] 과실범의 성립요건/ 151
[3] 객관적 주의의무의 제한원리/ 157 [4] 관련문제/ 163
제8절 결과적 가중범 ·························································································· 164
[1] 서 설/ 164 [2] 결과적 가중범의 성립요건/ 167
[3] 관련문제/ 172
제3장 위법성론
제1절 위법성의 일반이론 ···················································································· 176
[1] 위법성의 의의/ 176 [2] 위법성의 본질/ 177
[3] 위법성의 평가방법/ 178 [4] 위법성조각사유/ 179
제2절 정당방위 ································································································· 184
[1] 서 설/ 184 [2] 정당방위의 성립요건/ 185
[3] 정당방위의 효과/ 195 [4] 과잉방위와 오상방위/ 196
제3절 긴급피난 ································································································· 201
[1] 서 설/ 201 [2] 긴급피난의 성립요건/ 202
[3] 긴급피난의 효과/ 208 [4] 과잉피난과 오상피난/ 208
[5] 의무의 충돌/ 209
제4절 자구행위 ································································································· 213
[1] 서 설/ 213 [2] 자구행위의 성립요건/ 214
[3] 자구행위의 효과/ 218 [4] 과잉자구행위와 오상자구행위/ 219
제5절 피해자의 승낙 ·························································································· 221
[1] 양 해/ 221 [2] 피해자의 승낙/ 223
[3] 추정적 승낙/ 227
제6절 정당행위 ·································································································· 231
[1] 서 설/ 231 [2] 법령에 의한 행위/ 232
[3] 업무로 인한 행위/ 239 [4] 사회상규에 위배되지 않는 행위/ 243
제4장 책임론
제1절 책임의 일반이론 ······················································································· 252
[1] 서 설/ 252 [2] 책임의 근거/ 253
[3] 책임의 본질/ 255 [4] 책임의 판단/ 258
제2절 책임능력 ·································································································· 259
[1] 서 설/ 259 [2] 책임무능력자/ 260
[3] 한정책임능력자/ 265 [4] 원인에 있어서 자유로운 행위/ 267
제3절 위법성의 인식과 금지착오 ·········································································· 272
[1] 위법성의 인식/ 272 [2] 금지착오/ 276
[3] 위법성조각사유의 전제사실에 대한 착오/ 287
제4절 기대가능성 ······························································································ 291
[1] 기대가능성이론/ 291 [2] 강요된 행위/ 294
[3] 초법규적 책임조각사유/ 298
제5장 미수론
제1절 미수범의 일반이론 ···················································································· 301
[1] 범죄실현의 단계/ 301 [2] 미수범의 처벌근거/ 302
제2절 장애미수 ·································································································· 305
[1] 의 의/ 305 [2] 장애미수의 성립요건/ 306
[3] 장애미수의 처벌/ 312 [4] 관련문제/ 312
제3절 중지미수 ································································································· 314
[1] 서 설/ 314 [2] 중지미수의 성립요건/ 315
[3] 중지미수의 처벌/ 321 [4] 관련문제/ 321
제4절 불능미수 ································································································· 325
[1] 서 설/ 325 [2] 불능미수의 성립요건/ 326
[3] 불능미수의 처벌 및 관련문제/ 331
제5절 예비죄 ····································································································· 333
[1] 서 설/ 333 [2] 예비죄의 법적 성격/ 334
[3] 예비죄의 성립요건/ 335 [4] 관련문제/ 337
제6장 정범 및 공범론
제1절 정범·공범의 일반이론 ················································································ 340
[1] 서 설/ 340 [2] 정범과 공범의 구별/ 344
[3] 공범의 종속성과 처벌근거/ 348
제2절 간접정범 ································································································· 352
[1] 서 설/ 352 [2] 간접정범의 성립요건/ 353
[3] 간접정범의 처벌/ 357 [4] 관련문제/ 358
[5] 특수교사·방조/ 360
제3절 공동정범 ·································································································· 361
[1] 서 설/ 361 [2] 공동정범의 성립요건/ 363
[3] 공동정범의 처벌/ 377 [4] 관련문제/ 378
제4절 교사범 ····································································································· 388
[1] 서 설/ 388 [2] 교사범의 성립요건/ 389
[3] 교사의 착오/ 394 [4] 교사범의 처벌/ 396
[5] 관련문제/ 397
제5절 종 범 ······································································································ 399
[1] 서 설/ 399 [2] 종범의 성립요건/ 400
[3] 종범의 착오/ 406 [4] 종범의 처벌/ 407
[5] 관련문제/ 408
제6절 공범과 신분 ····························································································· 410
[1] 서 설/ 410 [2] 형법 제33조의 해석론/ 412
[3] 소극적 신분과 공범/ 417
제7장 죄수론
제1절 죄수의 일반이론 ······················································································· 420
[1] 죄수론의 의의/ 420 [2] 죄수결정의 기준/ 420
[3] 수죄의 처벌/ 424
제2절 일 죄 ······································································································ 425
[1] 서 설/ 412 [2] 법조경합 / 425 [3] 포괄일죄/ 433
제3절 수 죄 ······································································································ 444
[1] 상상적 경합/ 444 [2] 실체적 경합/ 451

제3편 형 벌 론

제1절 형벌의 종류 ····························································································· 465
[1] 서 설/ 465 [2] 사 형/ 466 [3] 자유형/ 467
[4] 재산형/ 467 [5] 명예형/ 477 [6] 형의 경중/ 479
제2절 형의 양정 ································································································ 480
[1] 의 의/ 480 [2] 형의 양정의 단계/ 480
[3] 형의 가중·감경·면제/ 481 [4] 양 형/ 488
[5] 판결선고 전 구금 및 판결의 공시/ 489
제3절 누 범 ······································································································ 492
[1] 서 설/ 492 [2] 누범가중의 요건/ 493
[3] 누범의 효과/ 496 [4] 판결선고 후의 누범발각/ 497
제4절 집행유예·선고유예·가석방 ··········································································· 498
[1] 집행유예/ 498 [2] 선고유예/ 504 [3] 가석방/ 508
제5절 형의 시효·소멸·기간 ·················································································· 512
[1] 형의 시효/ 512 [2] 형의 소멸·실효와 복권·사면/ 513
[3] 형의 기간/ 516
제6절 보안처분 ·································································································· 517
[1] 보안처분의 일반이론/ 517 [2] 현행법상의 보안처분/ 519

형법각론

제1편 개인적 법익에 대한 죄

제1장 생명과 신체에 대한 죄
제1절 살인의 죄 ································································································ 527
[1] 총 설/ 527 [2] 살인죄/ 527 [3] 존속살해죄/ 532
[4] 영아살해죄/ 534 [5] 촉탁·승낙살인죄/ 536 [6] 자살교사·방조죄/ 537
[7] 위계·위력에 의한 살인죄/ 541 [8] 살인예비·음모죄/ 542
제2절 상해와 폭행의 죄 ······················································································ 543
[1] 총 설/ 543 [2] 상해죄/ 544 [3] 존속상해죄/ 549
[4] 중상해죄/ 549 [5] 존속중상해죄/ 551 [6] 특수상해죄/ 551
[7] 상해치사죄·존속상해치사죄/ 552 [8] 상해의 동시범특례/ 552
[9] 폭행죄/ 553 [10] 존속폭행죄/ 558 [11] 특수폭행죄/ 558
[12] 폭행치사상죄/ 563 [13] 상습상해·폭행죄/ 564
제3절 과실치사상의 죄 ······················································································· 565
[1] 총 설/ 565 [2] 과실치상죄/ 566 [3] 과실치사죄/ 566
[4] 업무상과실·중과실치사상죄/ 567
제4절 낙태의 죄 ································································································ 576
[1] 총 설/ 576 [2] 자기낙태죄/ 578 [3] 동의낙태죄/ 580
[4] 업무상동의낙태죄/ 580 [5] 부동의낙태죄/ 580 [6] 낙태치사상죄/ 581
제5절 유기와 학대의 죄 ······················································································ 582
[1] 총 설/ 582 [2] 유기죄/ 583 [3] 존속유기죄/ 586
[4] 중유기죄·존속중유기죄/ 586 [5] 영아유기죄/ 587
[6] 학대죄/ 587 [7] 존속학대죄/ 589 [8] 아동혹사죄/ 589
[9] 유기치사상죄/ 590
제2장 자유에 대한 죄
제1절 협박의 죄 ································································································ 592
[1] 총 설/ 592 [2] 협박죄/ 593 [3] 존속협박죄/ 600
[4] 특수협박죄/ 601 [5] 상습협박죄/ 601
제2절 강요의 죄 ································································································ 602
[1] 총 설/ 602 [2] 강요죄/ 602 [3] 특수강요죄/ 606 [4] 중강요죄/ 606
[5] 인질강요죄/ 607 [6] 인질상해·치상죄/ 609 [7] 인질살해·치사죄/ 609
제3절 체포와 감금의 죄 ····················································································· 610
[1] 총 설/ 610 [2] 체포·감금죄/ 610 [3] 존속체포·감금죄/ 615
[4] 중체포·감금죄, 존속중체포·감금죄/ 616 [5] 특수체포·감금죄/ 617
[6] 상습체포·감금죄/ 618 [7] 체포·감금치사상죄/ 618
제4절 약취·유인 및 인신매매의 죄 ······································································· 619
[1] 총 설/ 619 [2] 미성년자 약취·유인죄/ 620
[3] 추행·간음·결혼·영리목적 약취·유인죄/ 625
[4] 노동력 착취·성매매와 성적 착취·장기적출목적 약취·유인죄/ 627
[5] 국외이송목적 약취·유인죄/ 628 [6] 피약취·유인자 국외이송죄/ 628
[7] 인신매매죄/ 629 [8] 추행·간음·결혼·영리목적 인신매매죄/ 630
[9] 노동력 착취·성매매와 성적 착취·장기적출목적 인신매매죄/ 631
[10] 국외이송목적 인신매매죄/ 632 [11] 피매매자 국외이송죄/ 633
[12] 피약취·유인·매매·이송자 상해·치상죄/ 633
[13] 피약취·유인·매매·이송자 살인·치사죄/ 634
[14] 피약취·유인·매매·이송자 수수·은닉죄/ 635
[15] 약취·유인·매매·이송목적 모집·운송·전달죄/ 636
제5절 강간과 추행의 죄 ······················································································ 637
[1] 총 설/ 637 [2] 강간죄/ 639 [3] 유사강간죄/ 644
[4] 강제추행죄/ 645 [5] 준강간죄·준강제추행죄/ 648
[6] 미성년자의제강간·강제추행죄/ 650
[7] 강간상해·치상죄, 강간살인·치사죄/ 652
[8] 미성년자·심신미약자 간음·추행죄/ 656
[9] 피감호자간음죄/ 658 [10] 피구금자간음죄/ 660 [11] 상습범/ 661
제3장 명예와 신용에 대한 죄
제1절 명예에 관한 죄 ························································································· 662
[1] 총 설/ 662 [2] 명예훼손죄/ 663 [3] 사자의 명예훼손죄/ 676
[4] 출판물에 의한 명예훼손죄/ 678 [5] 모욕죄/ 682
제2절 신용·업무와 경매에 관한 죄 ······································································· 686
[1] 총 설/ 686 [2] 신용훼손죄/ 686 [3] 업무방해죄/ 689
[4] 컴퓨터업무방해죄/ 702 [5] 경매·입찰방해죄/ 705
제4장 사생활의 평온에 대한 죄
제1절 비밀침해의 죄 ·························································································· 710
[1] 총 설/ 710 [2] 비밀침해죄/ 711 [3] 업무상비밀누설죄/ 714
제2절 주거침입의 죄 ·························································································· 717
[1] 총 설/ 717 [2] 주거침입죄/ 718 [3] 퇴거불응죄/ 728
[4] 특수주거침입죄/ 729 [5] 주거·신체수색죄/ 730
제5장 재산에 대한 죄
제1절 재산죄의 기본개념 ···················································································· 732
[1] 재산죄의 분류/ 732 [2] 재산죄의 객체/ 733 [3] 형법상의 점유/ 738
[4] 불법영득의사/ 746 [5] 친족상도례/ 754
제2절 절도의 죄 ································································································ 761
[1] 총 설/ 761 [2] 절도죄/ 762 [3] 야간주거침입절도죄/ 771
[4] 특수절도죄/ 774 [5] 자동차 등 불법사용죄/ 779 [6] 상습절도죄/ 781
제3절 강도의 죄 ································································································ 783
[1] 총 설/ 783 [2] 강도죄/ 784 [3] 특수강도죄/ 793
[4] 준강도죄·준특수강도죄/ 795 [5] 인질강도죄/ 801
[6] 강도상해·치상죄/ 803 [7] 강도살인·치사죄/ 806
[8] 강도강간죄/ 809 [9] 해상강도죄, 해상강도상해·치상·살인·치사·강간죄/ 811
[10] 상습강도죄/ 813 [11] 강도예비·음모죄/ 814
제4절 사기의 죄 ································································································ 815
[1] 총 설/ 815 [2] 사기죄/ 816
[3] 컴퓨터 등 사용사기죄/ 849 [4] 신용카드 관련범죄/ 853
[5] 준사기죄/ 860 [6] 편의시설부정이용죄/ 861
[7] 부당이득죄/ 863 [8] 상습사기죄/ 866
제5절 공갈의 죄 ································································································ 867
[1] 총 설/ 867 [2] 공갈죄/ 868
[3] 특수공갈죄/ 875 [4] 상습공갈죄/ 876
제6절 횡령의 죄 ································································································ 877
[1] 총 설/ 877 [2] 횡령죄/ 878
[3] 업무상횡령죄/ 912 [4] 점유이탈물횡령죄/ 912
제7절 배임의 죄 ································································································ 915
[1] 총 설/ 915 [2] 배임죄/ 916 [3] 업무상배임죄/ 945
[4] 배임수재죄/ 945 [5] 배임증재죄/ 952
제8절 장물의 죄 ································································································ 955
[1] 총 설/ 955 [2] 장물죄/ 962
[3] 상습장물죄/ 969 [4] 업무상과실·중과실장물죄/ 969
제9절 손괴의 죄 ································································································ 971
[1] 총 설/ 971 [2] 재물손괴죄/ 971
[3] 공익건조물파괴죄/ 979 [4] 중손괴죄·손괴치사상죄/ 980
[5] 특수손괴죄/ 981 [6] 경계침범죄/ 981
제10절 권리행사를 방해하는 죄 ··········································································· 985
[1] 총 설/ 985 [2] 권리행사방해죄/ 985 [3] 점유강취죄/ 990
[4] 준점유강취죄/ 991 [5] 중권리행사방해죄/ 991
[6] 강제집행면탈죄/ 991

제2편 사회적 법익에 대한 죄

제1장 공공의 안전과 평온에 대한 죄
제1절 공안을 해하는 죄 ···················································································· 1003
[1] 총 설/ 1003 [2] 범죄단체 등 조직죄/ 1003 [3] 소요죄/ 1007
[4] 다중불해산죄/ 1009 [5] 전시공수계약불이행죄/ 1011
[6] 공무원자격사칭죄/ 1011
제2절 폭발물에 관한 죄 ···················································································· 1013
[1] 총 설/ 1013 [2] 폭발물사용죄/ 1013 [3] 전시폭발물사용죄/ 1015
[4] 폭발물사용 예비·음모·선동죄/ 1015
[5] 전시폭발물 제조·수입·수출·수수·소지죄/ 1016
제3절 방화와 실화의 죄 ···················································································· 1017
[1] 총 설/ 1017 [2] 현주건조물 등 방화죄/ 1019
[3] 현주건조물 등 방화치사상죄/ 1022 [4] 공용건조물 등 방화죄/ 1023
[5] 일반건조물 등 방화죄/ 1023 [6] 일반물건방화죄/ 1025
[7] 연소죄/ 1026 [8] 진화방해죄/ 1027
[9] 폭발성물건파열죄/ 1029 [10] 폭발성물건파열치사상죄/ 1029
[11] 가스·전기 등 방류죄/ 1030 [12] 가스·전기 등 방류치사상죄/ 1030
[13] 가스·전기 등 공급방해죄/ 1030 [14] 가스·전기 등 공급방해치사상죄/ 1031
[15] 방화 등 예비·음모죄/ 1031 [16] 실화죄/ 1031
[17] 업무상실화·중실화죄/ 1032 [18] 과실폭발성물건파열 등 죄/ 1033
제4절 일수와 수리에 관한 죄 ············································································ 1035
[1] 총 설/ 1035 [2] 현주건조물 등 일수죄/ 1035
[3] 현주건조물일수치사상죄/ 1036 [4] 공용건조물 등 일수죄/ 1037
[5] 일반건조물 등 일수죄/ 1037 [6] 방수방해죄/ 1038
[7] 과실일수죄/ 1038 [8] 일수예비·음모죄/ 1038 [9] 수리방해죄/ 1038
제5절 교통방해의 죄 ························································································ 1041
[1] 총 설/ 1041 [2] 일반교통방해죄/ 1041 [3] 기차·선박 등 교통방해죄/ 1044
[4] 기차 등 전복죄/ 1045 [5] 교통방해치사상죄/ 1047
[6] 과실교통방해죄/ 1047 [7] 업무상과실·중과실교통방해죄/ 1048
제2장 공공의 신용에 대한 죄
제1절 통화에 관한 죄 ······················································································· 1050
[1] 총 설/ 1050 [2] 내국통화 위조·변조죄/ 1050
[3] 내국유통 외국통화 위조·변조죄/ 1053
[4] 외국통용 외국통화 위조·변조죄/ 1054
[5] 위조·변조통화 행사 등 죄/ 1054 [6] 위조·변조통화취득죄/ 1057
[7] 위조통화취득후지정행사죄/ 1058 [8] 통화유사물제조·수입·수출죄/ 1059
[9] 통화위조·변조 예비·음모죄/ 1059
제2절 유가증권·인지와 우표에 관한 죄 ······························································· 1060
[1] 총 설/ 1060 [2] 유가증권 위조·변조죄/ 1061
[3] 기재의 위조·변조죄/ 1067 [4] 자격모용에 의한 유가증권작성죄/ 1068
[5] 허위유가증권작성죄/ 1070 [6] 위조 등 유가증권 행사·수입·수출죄/ 1072
[7] 인지·우표 위조·변조죄/ 1074
[8] 위조·변조 인지·우표 행사·수입·수출죄/ 1074
[9] 위조·변조 인지·우표 취득죄/ 1075 [10] 소인말소죄/ 1075
[11] 인지·우표유사물 제조·수입·수출죄/ 1076 [12] 예비·음모죄/ 1076
제3절 문서에 관한 죄 ······················································································· 1077
[1] 총 설/ 1077 [2] 사문서위조·변조죄/ 1085
[3] 자격모용에 의한 사문서작성죄/ 1097 [4] 사전자기록 위작·변작죄/ 1099
[5] 공문서위조·변조죄/ 1101 [6] 자격모용에 의한 공문서작성죄/ 1103
[7] 공전자기록 위작·변작죄/ 1103 [8] 허위진단서 등 작성죄/ 1105
[9] 허위공문서작성죄/ 1107 [10] 공정증서원본 등 부실기재죄/ 1114
[11] 위조·변조·작성 사문서행사죄/ 1123
[12] 위조·변조 등 공문서행사죄/ 1126 [13] 사문서부정행사죄/ 1126
[14] 공문서부정행사죄/ 1128
제4절 인장에 관한 죄 ······················································································· 1131
[1] 총 설/ 1131 [2] 사인 등 위조·부정사용죄/ 1133
[3] 위조사인 등 행사죄/ 1135 [4] 공인 등 위조·부정사용죄/ 1136
[5] 위조공인 등 행사죄/ 1137
제3장 공중의 건강에 대한 죄
제1절 음용수에 관한 죄 ···················································································· 1138
[1] 총 설/ 1138 [2] 음용수사용방해죄/ 1138
[3] 음용수유해물혼입죄/ 1140 [4] 수도음용수사용방해죄/ 1140
[5] 수도음용수유해물혼입죄/ 1141 [6] 음용수혼독치사상죄/ 1142
[7] 수도불통죄/ 1142
제2절 아편에 관한 죄 ······················································································· 1144
[1] 총 설/ 1144 [2] 아편흡식죄/ 1144 [3] 아편흡식장소제공죄/ 1146
[4] 아편 등 제조·수입·판매·판매목적소지죄/ 1146
[5] 아편흡식기 제조·수입·판매·판매목적소지죄/ 1147
[6] 세관공무원의 아편 등 수입·수입허용죄/ 1147
[7] 상습아편흡식·제조·수입·판매죄/ 1148 [8] 아편 등 소지죄/ 1148
제4장 사회의 도덕에 대한 죄
제1절 성풍속에 관한 죄 ···················································································· 1149
[1] 총 설/ 1149 [2] 음행매개죄/ 1149
[3] 음화 등 반포·판매·임대·공연전시죄/ 1151
[4] 음화 등 제조·소지·수입·수출죄/ 1155 [5] 공연음란죄/ 1155
제2절 도박과 복표에 관한 죄 ············································································ 1158
[1] 총 설/ 1158 [2] 도박죄/ 1158 [3] 상습도박죄/ 1161
[4] 도박장소 등 개설죄/ 1162 [5] 복표발매·중개·취득죄/ 1164
제3절 신앙에 관한 죄 ······················································································· 1166
[1] 총 설/ 1166 [2] 장례식 등 방해죄/ 1166
[3] 사체 등 오욕죄/ 1168 [4] 분묘발굴죄/ 1169
[5] 사체 등 손괴·유기·은닉·영득죄/ 1171 [6] 변사체검시방해죄/ 1173

제3편 국가적 법익에 대한 죄

제1장 국가의 존립과 권위에 대한 죄
제1절 내란의 죄 ······························································································· 1177
[1] 총 설/ 1177 [2] 내란죄/ 1177 [3] 내란목적살인죄/ 1182
[4] 내란예비·음모·선동·선전죄/ 1182
제2절 외환의 죄 ······························································································· 1184
[1] 총 설/ 1184 [2] 외환유치죄/ 1184 [3] 여적죄/ 1185
[4] 모병이적죄/ 1186 [5] 시설제공이적죄/ 1186
[6] 시설파괴이적죄/ 1187 [7] 물건제공이적죄/ 1187
[8] 일반이적죄/ 1187 [9] 간첩죄/ 1188
[10] 전시군수계약불이행죄/ 1192 [11] 외환예비·음모·선동·선전죄/ 1193
제3절 국기에 관한 죄 ······················································································· 1194
[1] 총 설/ 1194 [2] 국기·국장모독죄/ 1194
[3] 국기·국장비방죄/ 1195
제4절 국교에 관한 죄 ······················································································· 1196
[1] 총 설/ 1196 [2] 외국원수에 대한 폭행 등 죄/ 1197
[3] 외국사절에 대한 폭행 등 죄/ 1198 [4] 외국국기·국장모독죄/ 1199
[5] 외국에 대한 사전죄/ 1199 [6] 중립명령위반죄/ 1200
[7] 외교상기밀누설죄/ 1200
제2장 국가의 기능에 대한 죄
제1절 공무원의 직무에 관한 죄 ········································································· 1202
[1] 총 설/ 1202 [2] 직무유기죄/ 1203 [3] 피의사실공표죄/ 1210
[4] 공무상비밀누설죄/ 1211 [5] 직권남용죄/ 1214
[6] 불법체포·감금죄/ 1219 [7] 폭행·가혹행위죄/ 1220
[8] 선거방해죄/ 1221 [9] 뇌물죄의 일반이론/ 1221
[10] 수뢰죄/ 1234 [11] 사전수뢰죄/ 1240
[12] 제3자뇌물공여죄/ 1242 [13] 수뢰후부정처사죄/ 1245
[14] 부정처사후수뢰죄/ 1246 [15] 사후수뢰죄/ 1247
[16] 알선수뢰죄/ 1247 [17] 증뢰죄/ 1251
제2절 공무방해에 관한 죄 ················································································· 1254
[1] 총 설/ 1254 [2] 공무집행방해죄/ 1254
[3] 직무·사직강요죄/ 1267 [4] 위계에 의한 공무집행방해죄/ 1268
[5] 법정·국회회의장모욕죄/ 1275 [6] 인권옹호직무방해죄/ 1277
[7] 공무상 봉인 등 표시무효죄/ 1278 [8] 공무상비밀침해죄/ 1283
[9] 부동산강제집행효용침해죄/ 1284 [10] 공용서류 등 무효죄/ 1285
[11] 공용물파괴죄/ 1289 [12] 공무상보관물무효죄/ 1289
[13] 특수공무방해죄·특수공무방해치사상죄/ 1290
제3절 도주와 범인은닉의 죄 ·············································································· 1293
[1] 총 설/ 1293 [2] 도주죄/ 1294 [3] 집합명령위반죄/ 1295
[4] 특수도주죄/ 1297 [5] 도주원조죄/ 1298
[6] 간수자도주원조죄/ 1299 [7] 범인은닉죄/ 1299
제4절 위증과 증거인멸의 죄 ·············································································· 1308
[1] 총 설/ 1308 [2] 위증죄/ 1308 [3] 모해위증죄/ 1318
[4] 허위감정·통역·번역죄/ 1318 [5] 증거인멸죄/ 1319
[6] 증인은닉·도피죄/ 1324 [7] 모해증거인멸죄/ 1325
제5절 무고의 죄 ······························································································· 1326
[1] 총 설/ 1326 [2] 무고죄/ 1326
[판례색인] ······································································································ 1337

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