-총론- 

조문이론

제1편 형법총론

제1장❙형법서론과 범죄기초 _ 6
형법의 적용범위 6
범죄의 종류 10
제2장❙구성요건론 _ 19
법인 19
부작위범 20
인과관계 23
고의범 24
구성요건적 착오 27
과실범 33
결과적 가중범 35
제3장❙위법성론 _ 39
정당방위 39
긴급피난 43
자구행위 44
피해자의 승낙 45
정당행위 49
제4장❙책임론 _ 50
책임능력 50
원인에 있어서 자유로운 행위 53
법률의 착오 56
위법성조각사유 전제사실의 착오 58
기대가능성 61
제5장❙미수론 _ 64
예비음모 64
미수규정 68
중지미수 72
불능미수 74
제6장❙공범론 _ 76
공범 일반론 76
간접정범 79
공동정범 80
동시범 82
합동범 85
교사범 86
방조범 89
공범과 신분 94
제7장❙죄수론 _ 97
일죄 97
상상적 경합범 99
경합범 101
제8장❙형벌론 _ 104
형의 종류 104
몰수와 추징 108
양형조건 109
누범 116
선고유예와 집행유예 118
가석방 128
형의 시효와 소멸 129
제2편 형법각론
제1장❙비재산죄 _ 134
살인, 상해, 폭행죄 134
유기, 학대, 협박죄 136
약취유인, 감금, 강요죄 138
강간, 강제추행죄 143
명예훼손, 모욕죄 145
신용훼손죄 146
주거침입죄 147
제2장❙재산죄 _ 148
재산죄 일반론 148
절도죄 150
강도죄 151
사기죄 152
배임수재죄 153
장물죄 153
손괴죄 155
권리행사방해죄 156
제3장❙사회적 법익 _ 157
공안에 대한 죄 157
통화 163
유가증권 164
문서, 인장 165
성풍속, 도박 166
제4장❙국가적 법익 _ 167
내란, 외환, 국기, 국교 167
공무원의 직무 170
뇌물 171
공무집행방해죄 173
범인은닉, 위증, 무고 등 175
심화이론
제1장❙형법서론 _ 178
형법의 기능 178
죄형법정주의 180
형법의 학파 181
범죄의 요건 183
범죄의 본질 185
제2장❙구성요건론 _ 188
구성요건 일반론 188
법인의 범죄능력 191
부작위범 192
인과관계와 객관적 귀속 195
고의 200
구성요건적 착오 202
과실 206
결과적 가중범 208
제3장❙위법성론 _ 210
위법성 일반론 210
우연방위 213
위법성 개별론 216

제4장❙책임론 _ 222
범죄체계론 222
금지착오 229
위법성조각사유 전제사실의 착오 234
제5장❙미수론 _ 241
장애미수 241
중지미수 242
불능미수 245
제6장❙공범론 _ 249
공범의 개념 249
공범의 종속성 251
간접정범 256
공동정범 258
교사범 259
방조범 260
공범과 신분 261
제7장❙죄수와 형벌론 _ 263
형법총론 판례
제1부 형법 총론
제1편 형법 서론
제1장❙형법의 기본개념 _ 272
제2장❙죄형법정주의 _ 273
제1절 법률주의 ···························································273
제2절 명확성원칙 ·······················································277
제3절 소급효금지원칙 ················································284
제4절 유추해석금지원칙 ············································292
제5절 적정성원칙 ·······················································313
제3장❙형법의 적용범위 _ 314
제1절 형법의 시간적 적용범위 ···································314
제2절 형법의 장소적·인적 적용범위 ·························329
제2편 범죄론
제1장❙범죄론의 기초 _ 338
제2장❙구성요건론 _ 340
제1절 구성요건 일반론 ···············································340
제2절 행위의 주체 - 법인 ·········································340
제3절 부작위범 ··························································348
제4절 인과관계와 객관적 귀속 ··································357
사망사고 등 358
교통사고 등 361
제5절 구성요건적 고의 ··············································368
고의범 일반 368
고의범 – 사건 370
제6절 구성요건적 착오 ··············································374
제7절 과실범 ······························································376
과실 일반 376
중과실 377
임대차 379
일반사고 381
교통사고 383
의료사고 385
감독사고 388
신뢰원칙 - 교통사고 392
신뢰원칙 - 의료사고 398
제8절 결과적 가중범 ··················································401
결과적 가중범 일반론 401
결과적 가중범의 요건 403
결과적 가중범의 미수 406
결과적 가중범의 죄수 408
제3장❙위법성론 _ 412
제1절 위법성의 일반이론 ············································412
제2절 정당방위 ···························································412
제3절 긴급피난 ··························································420
제4절 자구행위 ··························································422
제5절 피해자의 승낙 ··················································423
제6절 정당행위 ··························································426
법령에 의한 정당행위 426
업무로 인한 정당행위 432
기타 사회상규에 의한 정당행위 435
제4장❙책임론 _ 445
제1절 책임의 일반이론 ···············································445
제2절 책임능력 ··························································445
형사미성년자 445
심신상실자 447
심신미약자 450
원인에 있어 자유로운 행위 452
제3절 위법성의 인식과 금지착오 ······························453
위법성의 인식 453
금지착오 454
위법성조각사유의 전제사실의 착오 466
제4절 기대가능성 ·······················································467
기대가능성 일반 467
강요된 행위 470
제5장❙미수론 _ 472
제1절 미수범의 일반이론 ···········································472
제2절 선전·선동·음모·예비 ·······································472
제3절 장애미수 ··························································476
제4절 중지미수 ··························································482
제5절 불능미수 ··························································487
제6장❙공범론 _ 492
제1절 공범의 일반이론 ···············································492
제2절 간접정범 ··························································496
제3절 공동정범 ···························································501
Ⅰ. 주관적 공모 ··························································501
공모의 의미 501
승계적 공동정범 505
과실범의 공동정범 507
Ⅱ. 객관적 공동실행 ····················································511
공동실행의 의미 511
공동정범의 이탈 515
제4절 동시범과 합동범 ···············································519
동시범 519
합동범 522
제5절 교사범 ······························································525
제6절 방조범 ······························································530
제7절 공범과 신분 ······················································537
진정신분범 537
부진정신분범 540
소극적 신분범 542
제3편 죄수형벌론
제1장❙죄수론 _ 546
제1절 죄수 일반론 ······················································546
제2절 법조경합 ··························································548
제3절 포괄일죄 ··························································552
제4절 상상적 경합 ·····················································562
제5절 실체적 경합 ·····················································568
조문의 분석 568
경합범 사건 570
재산죄와 특별법 573
제2장❙형벌론 _ 576
제1절 형벌의 종류 ······················································576
형의 종류 576
몰수와 추징 578
제2절 형의 양정 ·························································589
양형단계 589
법률상 감경 590
작량감경 591
자수와 자복 592
제3절 누범 ·································································595
누범의 의미 595
누범의 요건 596
누범의 효과 598
특별법상 누범 599
제4절 선고유예·집행유예·가석방 ·····························600
선고유예 600
부가형의 선고유예 602
집행유예 603
선고유예의 실효와 집행유예의 취소 606

-각론-

형법각론 판례
제2부 형법 각론
제4편 개인적 법익
제1장❙생명과 신체에 대한 죄 _ 612
제1절 살인의 죄 ··························································612
단순살인죄 612
존속살해죄 614
영아살해죄 616
자살관여죄 기타 617
제2절 상해와 폭행의 죄 ·············································619
Ⅰ. 상해죄 ···································································619
단순상해죄 619
중상해죄 625
상해고의, 타죄관계 626
Ⅱ. 폭행죄 ···································································627
폭행의 정도 627
폭행죄 630
특수폭행죄 632
폭행치상죄 637
제3절 과실치사상의 죄 ··············································638
특가법상 도주운전죄 638
제4절 낙태의 죄 ·························································639
제5절 유기와 학대의 죄 ·············································640
유기죄 640
학대죄 643
제2장❙자유에 대한 죄 _ 644
제1절 협박의 죄 ··························································644
제3자의 법익침해 644
협박의 정도 645
협박의 방법 646
경고성 발언 647
제3자를 이용 648
협박죄의 기수 649
협박죄의 고의 650
i 특수협박 기타 652
제2절 강요의 죄 ·························································653
제3절 체포와 감금의 죄 ·············································656
체포죄 656
감금죄 657
감금죄와 타죄관계 660
제4절 약취와 유인의 죄 ·············································662
주체와 객체 662
약취유인행위 664
고의 기수 등 667
제5절 강간과 추행의 죄 ·············································668
강간죄의 객체 668
강간죄의 폭행협박 669
강간죄의 죄수타죄 672
강제추행죄의 폭행협박 674
추행의 의미 675
강제추행죄의 간접정범 676
기습추행 677
기타의 추행 678
준강간강제추행죄 679
미성년자 의제강간죄 680
미성년자 위계간음죄 682
기타 범죄 683
성폭력특별법 684
아동청소년성보호법 689
제3장❙명예와 신용에 대한 죄 _ 690
제1절 명예에 관한 죄 ·················································690
명예의 주체 690
공연성 693
사실적시 697
명예훼손 700
명예훼손의 고의 701
제310조의 공익 703
사자명예훼손죄 710
출판물 명예훼손죄 711
모욕죄 713
제2절 신용에 관한 죄 ·················································718
제3절 업무방해죄 ·······················································720
업무의 계속성 720
사적 업무 722
업무의 보호가치 724
허위사실의 유포 727
위계 728
위력 735
정당한 권한 741
죄수타죄 743
컴퓨터장애업무방해죄 744
입찰방해죄 746
제4장❙사생활의 평온에 대한 죄 _ 749
제1절 비밀침해의 죄 ···················································749
제2절 주거침입의 죄 ··················································750
주거의 의미 750
침입행위 756
실행착수 759
고의와 기수 760
위법성, 죄수 761
해고 근로자 763
직장폐쇄 764
퇴거불응죄 765
제5장❙재산에 대한 죄 _ 766
제1절 재산죄의 기본개념 ···········································766
재물의 타인성 766
부동산, 금제품, 불법 769
재산상 이익 770
형법상 점유 772
절도, 횡령, 점유이탈물횡령 774
사자의 점유 776
불법영득의사의 불법 778
불법영득의사의 영득 780
친족상도례 786
제2절 절도의 죄 ··························································791
제3절 강도의 죄 ·························································794
단순강도죄 794
준강도죄의 주체와 객체 797
준강도죄의 요건 799
준강도 관련 공동정범 803
강도죄 기타 806
종합문제 808
제4절 사기의 죄 ·························································809
Ⅰ. 사기죄 일반 ··························································809
사기죄의 객체 809
사람에 대한 기망 813
부작위범 816
과장광고 822
실행착수 - 기망 824
기수 - 재산취득 825
피기망자의 착오처분 826
인과관계 831
재산취득의 개념 833
편취액 산정 835
손해발생 불요 837
죄수타죄 838
Ⅱ. 사기죄 특수 ··························································841
사기도박 841
보험사기 843
대출사기 845
어음사기 848
Ⅲ. 삼각사기 ·······························································850
삼각사기 850
소송사기 – 주체 851
소송사기 – 수단불법 852
소송사기 – 고의 853
소송사기 – 착수 854
소송사기 – 판결효력 855
소송사기 - 기수 기타 857
소송사기 – 부동산 858
Ⅳ. 신용카드 관련 범죄 ··············································859
카드에 대한 범죄 859
탈취죄와 편취죄 860
타인 명의 모용 카드 864
예금통장 866
Ⅴ. 기타 범죄 ······························································867
컴퓨터사용사기죄 867
기타 범죄 870
제5절 공갈의 죄 ··························································871
제6절 횡령의 죄 ·························································877
Ⅰ. 횡령죄 일반 ··························································877
타인소유 재물 877
위탁관계 880
Ⅱ. 횡령죄의 객체 - 부동산 ······································884
법률상 처분권 884
부동산 명의신탁 887
Ⅲ. 횡령죄의 객체 - 동산 ···········································891
사실상 처분 891
Ⅳ. 횡령죄의 객체 - 금전 ··········································892
사실상 처분과 용도특정 892
불법원인급여 899
어음수표 901
Ⅴ. 횡령죄의 기타문제 ···············································902
횡령죄 기수 902
고의 불법영득의사 904
불법영득의사의 추단 906
불법영득의사 기타 908
횡령죄의 죄수관계 912
횡령죄와 타죄관계 914
횡령죄 기타 917
점유이탈물횡령죄 919
제7절 배임의 죄 ·························································920
Ⅰ. 배임죄의 주체 - 대행자 ······································920
배신설 920
타인사무의 대행자 921
배임행위 - 영업비밀유출 924
배임행위 - 발명특허 926
배임행위 - 회사명의 거래 927
배임행위 - 대표권 남용 929
배임행위 - 계열사, 총회결의 932
배임행위 - 기타 933
재산상 이익 취득 935
재산상 손해 발생 936
Ⅱ. 배임죄의 주체 - 협력자 ·······································941
부동산등기 - 매매 941
부동산, 동산 - 증여 945
부동산등기 - 담보제공 946
부동산 등의 담보제공 949
담보권의 실행 등 954
계주 955
동산 매매 956
공법상 채권 이전 958
기타 민사책임 961
Ⅲ. 배임죄의 기타문제 ···············································962
횡령액, 배임액의 산정 962
배임죄 기타 963
죄수타죄관계 966
Ⅳ. 배임수재죄 ···························································968
조문분석 968
배임수재죄의 주체 969
부정한 청탁 971
재산취득 몰수추징 973
죄수타죄관계 974
제8절 장물의 죄 ·························································975
장물의 개념 975
장물죄의 유형 979
제9절 손괴의 죄 ·························································986
재물손괴죄 986
문서손괴죄 988
기타 효용침해 990
경계침범죄 993
제10절 권리행사를 방해하는 죄 ································995
Ⅰ. 권리행사방해죄 ····················································995
객체 - 권리 995
방해행위 998
주체 - 자기소유 1000
권리행사방해죄 기타 1004
Ⅱ. 강제집행면탈죄 ··················································1005
채권에 의한 강제집행상황 1005
채무자 소유의 재산 1008
면탈행위 1010
채권 침해 위험 1013
강제집행면탈죄 기타 1015
제5편 사회적 법익
제1장❙공공의 안전과 평온에 대한 죄 _ 1020
제1절 공안을 해하는 죄 ············································1020
범죄단체조직죄 1020
폭발물사용죄 1023
방화죄의 객체 1024
방화죄의 착수시기 1026
방화죄의 기수시기 1027
연소죄 1029
제2절 일수와 수리에 관한 죄 ··································1030
제3절 교통방해의 죄 ·················································1031
교통의 개념 1031
방해행위 1033
교통방해 기타 1037
제2장❙공중의 건강에 대한 죄 _ 1038
제3장❙공공의 신용에 대한 죄 _ 1039
제1절 통화에 관한 죄 ···············································1039
제2절 유가증권·인지·우표에 관한 죄 ······················1041
Ⅰ. 유가증권에 관한 죄 ·············································1041
유가증권의 개념 1041
유가증권 위조 1044
유가증권 변조 1046
유가증권 자격모용작성 1048
유가증권 허위작성 1049
Ⅱ. 통화 유가증권 문서의 비교 ·································1051
제3절 문서에 관한 죄 ···············································1055
Ⅰ. 문서에 대한 위조·변조·자격모용죄 ···················1055
문서의 개념 1055
사문서 위조 1062
사문서 변조 1071
공문서 위조 1075
공문서 변조 1077
문서 자격모용작성 1078
Ⅱ. 전자기록에 관한 위작·변작죄 ·····························1081
전자기록의 개념 1081
사무처리를 그르칠 목적 1082
위작의 의미 1083
Ⅲ. 문서에 대한 허위작성죄 ·····································1084
진단서 허위작성 1084
공문서 허위작성 1086
허위공문서작성죄의 간접정범 1090
Ⅳ. 공정증서원본불실기재죄 ····································1095
공정증서원본 1095
불실기재 1097
Ⅴ. 문서에 관한 행사죄 ·············································1107
부정문서 행사죄 1107
문서 부정행사죄 1111
제4절 인장에 관한 죄 ················································1114
제4장❙사회의 도덕에 대한 죄 _ 1116
제1절 성풍속에 관한 죄 ·············································1116
음행매개죄 1116
음란의 개념 1117
음화반포죄 1118
공연음란죄 1120
제2절 도박과 복표에 관한 죄 ····································1122
도박죄 1122
도박개장죄 등 1123
제3절 신앙에 관한 죄 ················································1125
예배방해죄 1125
사체유기죄 등 1126
제6편 국가적 법익
제1장❙국가의 존립과 권위에 대한 죄 _ 1130
제1절 내란의 죄 ·························································1130
제2절 외환의 죄 ························································1132
간첩죄 1132
제3절 국기에 관한 죄 ················································1135
제4절 국교에 관한 죄 ················································1135
제2장❙국가의 기능에 대한 죄 _ 1136
제1절 공무원의 직무에 관한 죄 ································1136
Ⅰ. 직무유기죄 ···························································1136
직무유기 주체와 객체 1136
직무유기와 직무태만 1137
직무유기죄의 성격 1140
직무유기죄와 타죄관계 1141
Ⅱ. 직권남용죄 ···························································1144
Ⅲ. 기타 범죄 ·····························································1149
공무상 비밀누설죄 1149
불법체포감금죄 1151
제2절 뇌물에 관한 죄 ················································1152
Ⅰ. 뇌물성 ··································································1152
뇌물의 개념 1152
뇌물의 직무관련성 1156
Ⅱ. 뇌물에 관한 죄 ·····················································1161
수뢰죄의 주체 1161
수뢰죄의 영득의사 1163
죄수타죄관계 1166
제3자뇌물수수죄 1168
수뢰후부정처사죄 등 1172
알선수뢰죄 1173
증뢰죄, 증뢰물전달죄 1175
Ⅲ. 뇌물의 몰수·추징 ·················································1177
몰수추징의 객체 1177
몰수추징의 대상 1178
종합문제 1183
제3절 공무방해에 관한 죄 ········································1184
Ⅰ. 일반 공무집행방해죄 ···········································1184
공무의 의미 1184
폭행협박의 정도 1190
공무집행방해죄 기타 1193
Ⅱ. 위계에 의한 공무집행방해죄 ·······························1195
위계 공무방해 개관 1195
사람에 대한 위계 1197
공무원이 주체 1199
공적 증명서 1201
변호사 접견 1202
공적 시험 1203
타인의 증거 제출 1204
i 입찰 - 사경제 활동 1205
Ⅲ. 기타의 공무방해죄 ··············································1206
인권옹호직무방해죄 1206
공무상비밀표시무효죄 1207
부동산 강제집행 효용침해죄 1210
공용서류 등 무효죄 1211
특수공무집행방해죄 1213
제4절 도주죄 ·····························································1214
제5절 범인은닉의 죄 ·················································1215
제6절 증거인멸의 죄 ················································1224
제7절 위증죄 ·····························································1229
위증의 주체 1229
허위진술 1230
재판과정에 따른 취급 1233
증언거부권의 행사 1235
제8절 무고죄 ·····························································1237
무고의 주체 1237
무고의 대상 1238
허위신고 1239
수사권 발동 촉구 1243
기수시기 1246
고의와 입증 1247
무고죄 기타 1249

부록❙2020년 경찰채용 1차 시험 1252
2020년 경찰채용 2차 시험 1266
2021년 경찰채용 1차 시험 1287
2021년 경찰채용 2차 시험 1307