2022년부터 경찰간부후보생 및 경찰행정 경쟁채용시험 과목으로 새롭게 도입된 “범죄학”을 효율적으로 공부하기 위하여 만들어진 교재이다. 범죄학을 처음으로 공부하는 학생들이 범죄학의 개념·이론·학설들을 정확하고 깊이 있게 이해할 수 있도록 그 내용에 대해서 충실하고 상세하게 서술하였다. 

제1편 범죄학 일반

제1장 범죄학의 의의와 역사
제1절 범죄학의 의의와 특성 ··················································································· 5
[1] 범죄학의 의의 ································································································· 5
Ⅰ. 범죄학의 개념 ·································································································· 5
1. 협의의 범죄학/ 5 2. 광의의 범죄학/ 5
Ⅱ. 인접 학문과의 차이 ·························································································· 5
1. 형법학/ 5 2. 형사정책학/ 6 3. 형사사법학/ 6 4. 피해자학/ 65. 형사학/ 6
[2] 범죄학의 특성 ································································································· 7
Ⅰ. 실증주의적 성격 ······························································································· 7
Ⅱ. 종합과학적 성격 ······························································································· 7
제2절 범죄학의 역사 ······························································································ 9
[1] 근대 이전의 범죄 이해 ····················································································· 9
Ⅰ. 초자연적 설명 ·································································································· 9
Ⅱ. 자연주의적 경험론 ···························································································· 9
[2] 근대 이후의 범죄학 ························································································· 9
Ⅰ. 고전학파 ········································································································· 9
Ⅱ. 제도학파 ········································································································ 10
Ⅲ. 실증주의학파 ·································································································· 10
Ⅳ. 사회학파 ········································································································ 11
[3] 현대의 범죄학 ······························································································· 12
Ⅰ. 통합적 경향 ··································································································· 12
Ⅱ. 보수적 경향 ··································································································· 12
Ⅲ. 피해자학의 발전 ····························································································· 17
[1] 범죄학 연구의 필요성 ····················································································· 17
Ⅰ. 범죄에 대한 공포 ··························································································· 17
Ⅱ. 범죄로 인한 피해 ··························································································· 17
[2] 범죄학 연구의 목적 ························································································ 18
Ⅰ. 범죄현상의 파악 ····························································································· 18
Ⅱ. 범죄원인의 분석 ····························································································· 18
Ⅲ. 범죄대책의 강구 ····························································································· 18
제2절 범죄학의 연구대상 ······················································································ 19
[1] 범죄개념의 다양성 ························································································· 19
Ⅰ. 절대적 범죄개념과 상대적 범죄개념 ·································································· 19
1. 절대적 범죄개념/ 19 2. 상대적 범죄개념/ 19
Ⅱ. 실질적 범죄개념과 형식적 범죄개념 ·································································· 19
1. 실질적 범죄개념/ 19 2. 형식적 범죄개념/ 20
Ⅲ. 범죄와 일탈행위 ····························································································· 20
1. 일탈행위의 의의/ 20 2. 범죄와의 관계/ 20
[2] 범죄학에서의 범죄개념 ··················································································· 21
Ⅰ. 범죄의 법률적 정의 ························································································ 21
1. 합의론적 관점/ 21 2. 갈등론적 관점/ 21 3. 상호작용론적 관점/ 22
Ⅱ. 범죄의 비법률적 정의 ····················································································· 22
1. 사회-법률적 접근/ 22 2. 비교문화적 접근/ 23 3. 통계적 접근/ 23
4. 인권적 접근/ 23 5. 무정부주의자적 접근/ 23
[3] 범죄화와 비범죄화 ························································································· 24
Ⅰ. 범죄화 ··········································································································· 24
1. 의 의/ 24 2. 범죄화의 정착/ 24 3. 과잉범죄화의 문제/ 24
Ⅱ. 비범죄화 ········································································································ 24
1. 의의 및 유형/ 24 2. 비범죄화의 동기/ 25 3. 비범죄화 대상범죄/ 25
4. 다이버전/ 26
[4] 범죄자 ·········································································································· 27
Ⅰ. 범죄자의 개념 ································································································ 27
Ⅱ. 범죄자의 분류 ································································································ 27
1. 일원적 분류방법/ 28 2. 다원적 분류방법/ 31 3. 실무상의 범죄인 분류/ 32
Ⅲ. 범죄자 분류의 한계 ························································································ 33
제3절 범죄학의 연구방법 ······················································································ 40
[1] 공식범죄통계연구 ··························································································· 40
Ⅰ. 의 의 ············································································································ 40
1. 개 념/ 40 2. 범죄통계/ 40
Ⅱ. 범죄율과 범죄시계 ·························································································· 41
1. 범죄율/ 41 2. 범죄시계/ 41
Ⅲ. 평 가 ············································································································ 41
1. 장 점/ 41 2. 단 점/ 41
Ⅳ. 암수범죄 ········································································································ 42
1. 의 의/ 42 2. 유형과 발생원인/ 42 3. 조사방법/ 43
[2] 설문조사연구 ································································································· 43
Ⅰ. 자기보고식 조사 ····························································································· 43
1. 의 의/ 43 2. 방 법/ 43 3. 평 가/ 44
Ⅱ. 피해자조사 ····································································································· 44
1. 의 의/ 44 2. 평 가/ 44
Ⅲ. 정보제공자조사 ······························································································ 44
[3] 참여관찰연구 ································································································· 45
Ⅰ. 의 의 ············································································································ 45
Ⅱ. 평 가 ············································································································ 45
[4] 사례연구 ······································································································· 45
Ⅰ. 의 의 ············································································································ 45
Ⅱ. 평 가 ············································································································ 45
[5] 실험연구 ······································································································· 46
Ⅰ. 의 의 ············································································································ 46
Ⅱ. 평 가 ············································································································ 46
[6] 기타의 연구방법 ···························································································· 46
Ⅰ. 추행조사 ········································································································ 46
Ⅱ. 표본집단조사 ·································································································· 47
Ⅲ. 코호트 연구 ··································································································· 47

제3장 범죄현상론
제1절 범죄현상의 특성 ························································································· 55
[1] 범죄현상의 인구사회학적 특성 ········································································ 55
Ⅰ. 성별과 범죄 ··································································································· 55
1. 여성범죄의 원인/ 55 2. 여성범죄의 특징/ 56 3. 우리나라 여성범죄의 현황/ 56
Ⅱ. 연령과 범죄 ··································································································· 57
1. 범죄율의 연령단계별 변화/ 57 2. 우리나라의 연령별 범죄현황/ 57
Ⅲ. 교육과 범죄 ··································································································· 60
1. 교육과 범죄의 관계/ 60 2. 우리나라의 교육수준별 범죄현황/ 60
Ⅳ. 직업과 범죄 ··································································································· 61
1. 삶과 직업/ 61 2. 직업과 범죄의 관계/ 61
Ⅴ. 가정환경과 범죄 ····························································································· 62
1. 결손가정/ 62 2. 빈곤가정/ 63 3. 문제가정/ 63
[2] 범죄현상의 환경적 특성 ·················································································· 64
Ⅰ. 시·공간적 환경과 범죄 ···················································································· 64
1. 시간적 환경과 범죄/ 64 2. 공간적 환경과 범죄/ 65
Ⅱ. 사회적 환경과 범죄 ························································································ 66
1. 경제적 환경과 범죄/ 66 2. 정치적 환경과 범죄/ 67 3. 문화적 환경과 범죄/ 67
Ⅲ. 자연환경과 범죄 ····························································································· 68
1. 계절과 범죄/ 68 2. 기후·기상과 범죄/ 69
제2절 우리나라의 범죄현상 ··················································································· 74
[1] 전체범죄의 현황과 추세 ·················································································· 74
[2] 주요범죄의 현황과 추세 ·················································································· 75
Ⅰ. 주요형법범죄 ·································································································· 75
1. 재산범죄/ 75 2. 강력범죄(폭력)/ 75 3. 강력범죄(흉악)/ 76
Ⅱ. 주요재산범죄 ·································································································· 76
1. 절도범죄/ 76 2. 사기범죄/ 76
Ⅲ. 주요강력범죄 ·································································································· 77
1. 살인범죄/ 77 2. 강도와 방화범죄/ 78 3. 성폭력범죄/ 78
4. 폭행·상해범죄/ 80

제2편 범죄원인론

제1장 범죄원인론의 기초
제1절 범죄원인론의 기본개념 ················································································ 87
[1] 범죄원인론의 의의와 분류 ··············································································· 87
Ⅰ. 범죄원인론의 의의 ·························································································· 87
Ⅱ. 범죄원인론의 분류 ·························································································· 87
1. 비결정론과 결정론/ 87 2. 개인적 차원과 사회적 차원/ 87
[2] 범죄발생의 요인 ···························································································· 88
Ⅰ. 소질과 환경 ··································································································· 88
Ⅱ. 인 격 ············································································································ 88
제2절 근대 범죄학의 출발 ····················································································· 90
[1] 고전학파 ······································································································· 90
Ⅰ. 개 관 ············································································································ 90
1. 시대적·사상적 배경/ 90 2. 기본적 명제/ 90
Ⅱ. 주요 학자들 ··································································································· 90
1. 베까리아/ 90 2. 하워드/ 91 3. 벤 담/ 92 4. 포이에르바하/ 92
Ⅲ. 평 가 ············································································································ 93
1. 장 점/ 93 2. 단 점/ 93
[2] 실증주의학파 ································································································· 93
Ⅰ. 개 관 ············································································································ 93
1. 시대적·사상적 배경/ 93 2. 기본적 명제/ 94
Ⅱ. 이탈리아학파 ·································································································· 94
1. 롬브로조/ 94 2. 페 리/ 95 3. 가로팔로/ 96
Ⅲ. 프랑스·벨기에학파 ·························································································· 96
1. 제도학파(범죄통계학파)/ 96 2. 환경학파/ 97
Ⅳ. 독일·오스트리아학파 ······················································································· 99
1. 독일학파/ 99 2. 오스트리아학파/ 100
Ⅴ. 평 가 ·········································································································· 100
제2장 범죄원인론의 발전
제1절 생물학적 범죄원인론 ················································································· 111
[1] 신체적 특성이론 ·························································································· 111
Ⅰ. 골상학 ········································································································· 111
1. 의 의/ 111 2. 내 용/ 111
Ⅱ. 신체적 특성 연구 ·························································································· 111
1. 고 링/ 111 2. 후 튼/ 112
Ⅲ. 체형이론 ······································································································ 112
1. 크레취머/ 112 2. 셀 던/ 112 3. 글룩 부부/ 113 4. 꼬르떼/ 113
Ⅳ. 평 가 ·········································································································· 114
[2] 유전학적 범죄이론 ······················································································· 114
Ⅰ. 유전적 결함 연구 ·························································································· 114
1. 슈툼플/ 114 2. 글룩 부부/ 115 3. 리 들/ 115 4. 평 가/ 115
Ⅱ. 범죄인 가계 연구 ·························································································· 115
1. 덕데일의 쥬크가 연구/ 115 2. 고다드의 칼리카크가 연구/ 115
3. 고링의 통계방법에 의한 연구/ 116 4. 평 가/ 116
Ⅲ. 쌍생아 연구 ································································································· 116
1. 랑 에/ 116 2. 뉴 만/ 116 3. 크리스챤센/ 116
4. 달가드와 크링그렌/ 117 5. 평 가/ 117
Ⅳ. 입양아 연구 ································································································· 117
1. 슐징거/ 117 2. 크로우/ 118 3. 허칭스와 메드닉/ 118 4. 평 가/ 118
Ⅴ. 성염색체 연구 ······························································································ 118
1. 클라인펠터 증후군/ 118 2. XYY형 증후군/ 119 3. 평 가/ 119
Ⅵ. 분자유전학 ··································································································· 119
1. 의 의/ 119 2. 유전적 변종과 범죄/ 119
[3] 생화학적 범죄이론 ······················································································· 120
Ⅰ. 영양결핍 ······································································································ 120
1. 비타민·미네랄의 결핍/ 120 2. 음식과 범죄/ 120
Ⅱ. 저혈당증 ······································································································ 120
Ⅲ. 호르몬 ········································································································· 121
1. 남성호르몬/ 121 2. 월경전증후군/ 121
Ⅳ. 환경오염물질 ································································································ 121
[4] 신경생리학적 범죄이론 ················································································· 122
Ⅰ. 뇌기능 장애 ································································································· 122
1. 범죄와의 관련성/ 122 2. 신경학적 장애의 측정/ 122
Ⅱ. 학습장애 ······································································································ 123
Ⅲ. 주의력결핍 과잉행동장애 ··············································································· 123
Ⅳ. 뇌의 화학물질 ······························································································ 124
Ⅴ. 자율신경계의 작용 ························································································ 124
1. 아이젠크/ 124 2. 메드닉과 시들/ 124
제2절 심리학적 범죄원인론 ················································································· 129
[1] 정신분석이론 ······························································································· 129
Ⅰ. 프로이드의 정신분석학 ·················································································· 129
1. 인성의 구조/ 129 2. 리비도의 충족단계/ 130
Ⅱ. 범죄에 대한 정신분석학적 설명 ······································································ 130
1. 슈퍼에고의 발달/ 130 2. 슈퍼에고의 미발달/ 131 3. 애착이론/ 131
Ⅲ. 평 가 ·········································································································· 131
[2] 인성이론 ····································································································· 131
Ⅰ. 의 의 ·········································································································· 131
Ⅱ. 성격과 범죄의 연관성 ···················································································· 132
1. 슈에슬러와 크레시/ 132 2. 글룩 부부/ 132 3. 왈도와 디니츠/ 132
4. 아이젠크/ 133
Ⅲ. 평 가 ·········································································································· 133
[3] 인지발달이론 ······························································································· 134
Ⅰ. 의 의 ·········································································································· 134
Ⅱ. 인지발달과 범죄와의 연관성 ··········································································· 134
1. 피아제/ 134 2. 콜버그/ 134
Ⅲ. 정보처리능력과 범죄와의 연관성 ····································································· 135
Ⅳ. 평 가 ·········································································································· 136
[4] 행동이론 ····································································································· 136
Ⅰ. 의 의 ·········································································································· 136
Ⅱ. 학습이론 ······································································································ 136
1. 스키너/ 136 2. 반두라/ 137
Ⅲ. 학습이론에 대한 반론 ···················································································· 138
1. 본능이론/ 138 2. 좌절·공격이론/ 138 3. 인지부조화이론/ 138
Ⅳ. 평 가 ········································································································· 139
[5] 정신결함이론 ······························································································· 139
Ⅰ. 정신병 ········································································································· 139
1. 정신분열증/ 139 2. 정신신경증/ 140 3. 정서정신병/ 140 4. 간 질/ 140
5. 편집증/ 140
Ⅱ. 정신병질 ······································································································ 141
1. 미국 정신의학회의 견해/ 141 2. 사이코패스/ 141 3. 슈나이더의 분류/ 143
[6] 지능이론 ····································································································· 144
Ⅰ. 의 의 ·········································································································· 144
Ⅱ. 지능과 범죄의 연관성 ···················································································· 145
1. 본성이론/ 145 2. 양육이론/ 145
Ⅲ. 평 가 ·········································································································· 145
제3절 사회학적 범죄원인론 ················································································· 150
[1] 사회구조이론 ······························································································· 150
Ⅰ. 사회해체이론 ································································································ 150
1. 사회생태학이론/ 150 2. 사회해체이론의 발전/ 152 3. 평 가/ 153
Ⅱ. 긴장이론 ······································································································ 154
1. 뒤르껭의 아노미이론/ 154 2. 머튼의 아노미이론/ 154
3. 기타의 아노미이론/ 156
Ⅲ. 하위문화이론 ································································································ 157
1. 코헨의 비행하위문화이론/ 157 2. 클로워드와 올린의 차별적 기회이론/ 158
3. 밀러의 하층계급문화이론/ 159
[2] 사회과정이론 ······························································································· 161
Ⅰ. 사회학습이론 ································································································ 161
1. 서덜랜드의 차별적 접촉이론/ 161 2. 에이커스와 버제스의 차별적 강화이론/ 163
3. 글레이저의 차별적 동일시이론/ 164
Ⅱ. 사회통제이론 ································································································ 164
1. 초기의 통제이론/ 164 2. 렉클리스의 봉쇄이론/ 165
3. 사이크스와 맛차의 중화기술이론/ 166 4. 허쉬의 사회유대이론/ 167
5. 갓프레드슨과 허쉬의 자기통제이론/ 168
Ⅲ. 사회반응이론 ································································································ 169
1. 낙인이론/ 169 2. 가핑클의 민속방법론/ 172
[3] 갈등이론 ····································································································· 172
Ⅰ. 사회경제적 계급과 갈등 ················································································· 173
1. 마르크스의 계급투쟁론/ 173 2. 봉거의 급진적 갈등론/ 173
3. 퀴니의 급진적 갈등론/ 174 4. 테일러·월튼·영의 신범죄학/ 174
5. 스피처의 후기자본주의 갈등론/ 175 6. 영·메튜스의 좌파현실론/ 175
Ⅱ. 권력관계와 갈등 ··························································································· 175
1. 볼드의 집단갈등이론/ 175 2. 터크의 범죄화 요소이론/ 176
3. 챔블리스와 사이드먼의 차별적 범죄화이론/ 177
Ⅲ. 문화적 차이와 갈등 ······················································································· 177
1. 셀린의 문화갈등이론/ 177 2. 밀러의 하층계급문화이론/ 178
Ⅳ. 갈등이론의 평가 ··························································································· 178
제4절 현대 범죄학의 신경향 ················································································ 201
[1] 현대 범죄이론의 특징 ··················································································· 201
Ⅰ. 이론의 통합적 경향 ······················································································· 201
Ⅱ. 이론의 특수화 경향 ······················································································· 201
[2] 현대 범죄이론의 발전 ··················································································· 201
Ⅰ. 발달범죄학 ··································································································· 201
1. 의 의/ 201 2. 대표적 이론/ 202
Ⅱ. 현대적 고전학파 ··························································································· 204
1. 현대적 억제이론과 범죄경제학/ 204 2. 일상활동이론과 합리적 선택이론/ 205
Ⅲ. 페미니스트 범죄학 ························································································ 207
1. 의 의/ 207 2. 형사사법에 관한 페미니스트이론/ 207
3. 범죄에 관한 페미니스트이론/ 208
Ⅳ. 기타의 새로운 경향 ······················································································· 209
1. 환경범죄학/ 209 2. 문화범죄학/ 209 3. 평화주의 범죄학/ 210
4. 수형자 범죄학/ 210 5. 뉴스생산 범죄학과 대중범죄학/ 210

제3편 범죄유형론

제1절 전통적 폭력범죄 ······················································································· 219
[1] 폭 력 ········································································································· 219
Ⅰ. 폭력의 개념과 종류 ······················································································· 219
1. 폭력의 개념/ 219 2. 폭력의 종류/ 219
Ⅱ. 가정폭력과 아동학대 ····················································································· 219
1. 가정폭력/ 219 2. 아동학대/ 220
[2] 살 인··········································································································· 221
Ⅰ. 살인의 개념과 특성 ······················································································· 221
1. 살인의 개념/ 221 2. 살인의 특성/ 221
Ⅱ. 다수살인 ······································································································ 222
1. 연쇄살인/ 222 2. 대량살인/ 223 3. 연속살인/ 223
[3] 강 간 ········································································································· 223
Ⅰ. 강간의 개념 ································································································· 223
Ⅱ. 강간의 유형 ································································································· 224
1. 그로스의 3유형론/ 224 2. 윤 간/ 224 3. 연쇄강간/ 224 4. 데이트강간/ 224
Ⅲ. 강간의 원인 ································································································· 225
1. 진화론적·생물학적 요인/ 225 2. 남성 중심의 사회화/ 225
3. 심리적 이상/ 225 4. 사회적 학습/ 225 5. 성 갈등적 관점/ 225
6. 성적 동기/ 226
[4] 강 도 ········································································································· 226
Ⅰ. 강도의 개념과 특성 ······················································································· 226
1. 강도의 개념/ 226 2. 강도의 특성/ 226
Ⅱ. 강도의 유형 ································································································· 227
1. 전문적 강도/ 227 2. 아마추어 강도/ 227
제2절 특수한 범죄 ····························································································· 229
Ⅰ. 화이트칼라범죄의 개념 ·················································································· 229
1. 서덜랜드의 개념정의/ 229 2. 최근의 개념정의/ 229
Ⅱ. 화이트칼라범죄의 폐해와 특성 ········································································ 229
1. 화이트칼라범죄의 폐해/ 229 2. 화이트칼라범죄의 특성/ 230
Ⅲ. 화이트칼라범죄의 유형 ·················································································· 230
1. 화이트칼라 사기/ 230 2. 화이트칼라 사취/ 231 3. 화이트칼라 사적 남용/ 231
4. 화이트칼라 직권 남용/ 231 5. 회사 내의 절도·횡령·사기/ 231
6. 고객 사기/ 231 7. 기업의 조직범죄/ 231
Ⅳ. 화이트칼라범죄의 원인 ·················································································· 232
1. 심리학적 소질론/ 232 2. 차별적 접촉이론/ 232 3. 중화이론/ 232
4. 합리적 선택이론/ 232 5. 문화적 관점/ 232 6. 자기통제력의 관점/ 232
[2] 환경범죄 ····································································································· 233
Ⅰ. 환경범죄의 개념 ··························································································· 233
Ⅱ. 환경범죄의 특성 ··························································································· 233
1. 피해의 특성/ 233 2. 기업범죄/ 233 3. 정부범죄/ 233 4. 피해의 전가/ 233
Ⅲ. 환경범죄의 유형 ··························································································· 234
1. 시겔의 분류/ 234 2. 미국 법무부의 분류/ 234
Ⅳ. 환경범죄의 규제 ··························································································· 234
1. 정부의 규제전략/ 234 2. 수사역량의 강화/ 234
[3] 조직범죄 ····································································································· 235
Ⅰ. 조직범죄의 개념 ··························································································· 235
1. 미국의 ‘법집행 및 사법행정에 관한 대통령위원회’의 개념정의/ 235
2. 에이버딘스키의 개념정의/ 235 3. 공통된 개념요소/ 235
Ⅱ. 조직범죄의 특성 ··························································································· 235
1. 에이버딘스키의 8요소론/ 235 2. 구체적 특성/ 236
Ⅲ. 조직범죄의 유형 ··························································································· 236
1. 알비니의 분류/ 236 2. 알바니스의 분류/ 236
Ⅳ. 조직범죄의 원인 ··························································································· 237
[4] 정치범죄 ····································································································· 237
Ⅰ. 정치범죄의 개념 ··························································································· 237
Ⅱ. 정부에 의한 정치범죄 ···················································································· 237
1. 정부에 의한 정치범죄의 유형/ 237 2. 정부에 의한 정치범죄의 중화/ 238
3. 정부에 의한 정치범죄의 원인/ 238
Ⅲ. 정부에 대한 정치범죄 ···················································································· 239
1. 정부에 대한 정치범죄의 유형/ 239 2. 정부에 대한 정치범죄의 원인/ 239
[5] 표적범죄 ····································································································· 240
Ⅰ. 증오범죄 ······································································································ 240
1. 증오범죄의 개념/ 240 2. 증오범죄의 유형/ 240 3. 증오범죄의 특성/ 241
4. 증오범죄에 대한 대응/ 241
Ⅱ. 스토킹 ········································································································· 241
1. 스토킹의 의의/ 242 2. 스토킹의 특징/ 242 3. 스토킹의 유형/ 242
4. 스토킹의 처벌/ 242
[6] 성매매와 약물남용 ······················································································· 243
Ⅰ. 성매매 ········································································································· 243
1. 성매매의 개념/ 243 2. 성매매의 원인/ 243 3. 성매매에 대한 입법주의/ 244
Ⅱ. 약물남용 ······································································································ 244
1. 약물남용의 개념/ 245 2. 약물남용의 원인/ 245 3. 약물의 종류/ 246
4. 약물남용과 범죄/ 246 5. 약물남용에 대한 대책/ 246
[7] 사이버범죄 ·································································································· 247
Ⅰ. 사이버범죄의 개념 ························································································ 247
Ⅱ. 사이버범죄의 유형 ························································································ 247
1. 정보통신망 침해 범죄/ 248 2. 정보통신망 이용 범죄/ 248
3. 불법 콘텐츠 범죄/ 249
Ⅲ. 사이버범죄의 특징 ························································································ 249

제4편 범죄대책론

제1장 사전적 범죄대책론
제1절 범죄대책 일반론 ······················································································· 257
[1] 범죄대책의 의의와 종류 ················································································ 257
Ⅰ. 범죄대책의 의의 ··························································································· 257
Ⅱ. 범죄대책의 종류 ··························································································· 257
1. 형사정책과 사회정책/ 257 2. 사전적 범죄대책과 사후적 범죄대책/ 257
[2] 범죄대책의 모델 ·························································································· 258
Ⅰ. 범죄억제모델 ································································································ 258
Ⅱ. 사회복귀모델 ································································································ 258
Ⅲ. 환경공학을 통한 범죄통제모델 ········································································ 258
제2절 범죄예측론 ······························································································· 260
[1] 범죄예측의 의의와 역사 ················································································ 260
Ⅰ. 범죄예측의 의의 ··························································································· 260
1. 범죄예측의 개념/ 260 2. 범죄예측의 효용성/ 260 3. 범죄예측의 합리성 / 260
Ⅱ. 범죄예측의 역사 ··························································································· 260
1. 외국의 범죄예측/ 260 2. 우리나라의 범죄예측/ 261
[2] 범죄예측의 방법 ·························································································· 262
Ⅰ. 예측방법에 의한 분류 ···················································································· 262
1. 직관적 예측방법/ 262 2. 통계적 예측방법/ 262 3. 임상적 예측방법/ 262
4. 통합적 예측방법/ 263
Ⅱ. 예측시점에 의한 분류 ···················································································· 263
1. 조기예측/ 263 2. 수사단계예측/ 263 3. 재판단계예측/ 264
4. 석방단계예측/ 264
[3] 범죄예측의 한계와 전망 ················································································ 265
Ⅰ. 범죄예측의 한계 ··························································································· 265
1. 기술적 한계/ 265 2. 법리적 한계/ 265
Ⅱ. 범죄예측의 전망 ··························································································· 265
제3절 범죄예방론 ······························································································· 269
[1] 범죄예방 일반론 ·························································································· 269
Ⅰ. 범죄예방의 의의 ··························································································· 269
1. 범죄예방의 개념/ 269 2. 사전적 예방과 사후적 예방/ 269
Ⅱ. 범죄예방의 기초이론 ····················································································· 269
1. 억제이론/ 269 2. 치료 및 갱생이론/ 269 3. 사회발전이론/ 269
Ⅲ. 범죄예방의 모델 ··························································································· 270
1. 1차적 범죄예방/ 270 2. 2차적 범죄예방/ 270 3. 3차적 범죄예방/ 270
[2] 일차적 범죄예방 ·························································································· 270
Ⅰ. 환경설계를 통한 범죄예방 ·············································································· 270
1. 의 의/ 270 2. 내 용/ 271
Ⅱ. 이웃감시와 시민순찰 ····················································································· 271
1. 이웃감시/ 271 2. 시민순찰/ 272 3. 민간경비/ 272
Ⅲ. 일반억제 ······································································································ 272
1. 의 의/ 272 2. 일반억제의 요소/ 272
Ⅳ. 기타의 일차적 범죄예방 ················································································· 273
1. 대중교육/ 273 2. 발달적 범죄예방/ 273 3. 사회적 범죄예방/ 273
Ⅴ. 전이와 확산 ································································································· 273
1. 범죄전이/ 273 2. 혜택확산/ 274
[3] 이차적 범죄예방 ·························································································· 275
Ⅰ. 상황적 범죄예방 ··························································································· 275
1. 의 의/ 275 2. 이론적 근거/ 275 3. 유 형/ 275
Ⅱ. 지역사회 경찰활동 ························································································ 276
1. 의 의/ 276 2. 특 성/ 276 3. 문제점/ 277
[4] 삼차적 범죄예방 ·························································································· 277
Ⅰ. 무력화 ········································································································· 277
1. 의 의/ 277 2. 구금에 의한 무력화/ 277 3. 전자감시에 의한 무력화/ 278
Ⅱ. 특별억제 ······································································································ 279
1. 의 의/ 279 2. 효 과/ 279
Ⅲ. 사회복귀 ······································································································ 280
1. 의 의/ 280 2. 효 과/ 280
제2장 사후적 범죄대책론
제1절 형벌론 ····································································································· 287
[1] 형벌 일반론 ································································································ 287
Ⅰ. 형벌의 의의·종류 ·························································································· 287
1. 형벌의 의의/ 287 2. 형벌의 종류/ 287
Ⅱ. 형벌의 본질 ································································································· 287
1. 응보형주의/ 287 2. 목적형주의/ 288 3. 결합설/ 290
[2] 현행법상의 형벌제도 ···················································································· 291
Ⅰ. 사 형 ·········································································································· 291
1. 사형의 의의/ 291 2. 형법상 사형범죄의 범위/ 291 3. 사형존폐론/ 291
4. 사형의 집행방법/ 293 5. 사형제도의 개선방안/ 294
Ⅱ. 자유형 ········································································································· 294
1. 의 의/ 294 2. 형법상의 자유형/ 294 3. 자유형의 개선방안/ 295
Ⅲ. 재산형 ········································································································· 297
1. 의 의/ 297 2. 형법상의 재산형/ 297 3. 재산형의 문제점과 개선방안/ 298
Ⅳ. 명예형 ········································································································· 300
1. 의 의/ 300 2. 형법상의 명예형/ 300 3. 명예형의 문제점과 개선방안/ 301
제2절 보안처분론 ······························································································· 306
[1] 보안처분의 일반이론 ···················································································· 306
Ⅰ. 보안처분의 의의와 역사 ················································································· 306
1. 보안처분의 의의/ 306 2. 보안처분의 발전/ 306 3. 보안처분과 사회방위론/ 307
Ⅱ. 형벌과 보안처분의 관계 ················································································· 308
1. 이원주의/ 308 2. 일원주의/ 309 3. 대체주의/ 309 4. 결 론/ 309
Ⅲ. 보안처분의 지도원리와 전제조건 ····································································· 310
1. 보안처분의 지도원리/ 310 2. 보안처분의 전제조건/ 310
Ⅳ. 보안처분의 종류 ··························································································· 311
1. 대인적 보안처분/ 311 2. 대물적 보안처분/ 312
[2] 현행법상의 보안처분 ···················································································· 312
Ⅰ. 보호관찰법상의 보안처분 ··············································································· 312
1. 보호관찰/ 312 2. 사회봉사명령·수강명령/ 316 3. 갱생보호/ 317
Ⅱ. 치료감호 ······································································································ 317
1. 의 의/ 317 2. 치료감호대상자/ 318 3. 치료감호의 청구/ 318
4. 치료감호의 내용/ 318
Ⅲ. 기타의 보안처분 ··························································································· 319
1. 소년법상의 보호처분/ 319 2. 보안관찰/ 320 3. 전자감시/ 321
4. 신상정보공개/ 322 5. 치료명령/ 323
제3절 형사사법절차론 ························································································· 331
[1] 서 설 ········································································································· 331
Ⅰ. 형사사법절차의 의의 ····················································································· 331
Ⅱ. 형사사법절차와 범죄예방 ··············································································· 331
[2] 수사절차와 범죄예방 ···················································································· 331
Ⅰ. 서 설 ·········································································································· 331
Ⅱ. 범죄예방과 검거율 ························································································ 331
Ⅲ. 기소유예와 기소편의주의 ··············································································· 332
1. 의 의/ 332 2. 기소편의주의의 장·단점/ 332 3. 선도조건부 기소유예/ 332
4. 기소유예에 대한 불복제도/ 333
Ⅳ. 협상제도 ······································································································ 334
1. 의 의/ 334 2. 찬·반론/ 334
[3] 공판절차와 범죄예방 ···················································································· 334
Ⅰ. 서 설 ·········································································································· 334
Ⅱ. 양형론 ········································································································· 335
1. 의 의/ 335 2. 양형의 기준/ 335 3. 양형의 합리화방안/ 336
Ⅲ. 형벌의 유예제도 ··························································································· 339
1. 선고유예제도/ 339 2. 집행유예제도/ 340
Ⅳ. 미결구금 ······································································································ 341
1. 의 의/ 341 2. 장 소/ 342 3. 미결수용자의 법적 지위/ 342
4. 본형과의 관계/ 343 5. 문제점과 개선방안/ 343
[4] 형집행절차와 범죄예방 ················································································· 343
Ⅰ. 서 설 ·········································································································· 343
Ⅱ. 교정처우의 종류 ··························································································· 344
1. 시설 내 처우/ 344 2. 개방형 처우/ 344 3. 사회 내 처우/ 344
Ⅲ. 가석방과 사면 ······························································································ 345
1. 가석방/ 345 2. 사 면/ 346
제4절 범죄피해자론 ···························································································· 354
[1] 피해자와 피해자학 ······················································································· 354
Ⅰ. 피해자 ········································································································· 354
1. 피해자의 개념/ 354 2. 피해자화/ 355
Ⅱ. 피해자학 ······································································································ 356
1. 피해자학의 의의/ 356 2. 피해자학의 역사/ 356
[2] 범죄의 원인과 피해자 ··················································································· 357
Ⅰ. 피해자유형과 범죄유형 ·················································································· 357
1. 피해자의 유형/ 357 2. 피해자 입장에서의 범죄유형/ 358
Ⅱ. 범죄피해원인론 ····························································································· 358
1. 범죄의 피해자측 요인/ 358 2. 범죄피해원인에 관한 학설/ 359
[3] 피해자 보호제도 ·························································································· 360
Ⅰ. 형사절차에서의 피해자의 지위 ········································································ 360
1. 수사절차/ 360 2. 공판절차/ 361
Ⅱ. 피해자 구제제도 ··························································································· 362
1. 배상명령제도/ 362 2. 범죄피해자구조제도/ 362 3. 회복적 사법/ 364
제5절 소년범죄대책론 ························································································· 375
[1] 소년과 소년범죄 ·························································································· 375
Ⅰ. 소년범죄의 의의와 유형 ················································································· 375
1. 소년범죄의 의의/ 375 2. ｢소년법｣상 소년의 유형/ 375
Ⅱ. 소년범죄의 현황 ··························································································· 376
1. 범죄유형의 현황/ 376 2. 인구사회학적 현황/ 377 3. 범죄학적 현황/ 377
Ⅲ. 소년범죄의 원인과 대책 ················································································· 378
1. 소년범죄의 원인/ 378 2. 소년범죄의 대책/ 379
[2] 소년범죄의 처리원칙 ···················································································· 380
Ⅰ. ｢소년법｣의 이념 ··························································································· 380
1. 국친사상/ 380 2. 교육형주의/ 380
Ⅱ. 소년보호의 원칙 ··························································································· 381
1. 인격주의/ 381 2. 예방주의/ 381 3. 개별주의/ 382 4. 과학주의/ 382
5. 교육주의/ 382 6. 협력주의/ 382 7. 밀행주의/ 383
[3] 소년에 대한 특별절차 ··················································································· 383
Ⅰ. 소년보호절차 ································································································ 383
1. 소년보호사건의 대상 및 관할/ 383 2. 소년보호절차의 개시/ 384
3. 조사와 소년분류심사/ 385 4. 법원의 처분/ 386
Ⅱ. 소년형사절차 ································································································ 388
1. 소년형사절차의 개시/ 388 2. 소년형사절차의 특칙/ 388

부 록
｢형법｣(형벌) ······································································································ 401
｢보호관찰 등에 관한 법률｣ ·················································································· 407
｢치료감호 등에 관한 법률｣ ·················································································· 426
｢전자장치 부착 등에 관한 법률｣ ·········································································· 441
｢형의 집행 및 수용자의 처우에 관한 법률｣ ··························································· 455
｢범죄피해자 보호법｣ ··························································································· 481
｢소년법｣ ··········································································································· 491

참고문헌 ··········································································································· 503
사항색인 ··········································································································· 505