2018 Master 형법각론 기본서

[형 법 각 론]

제1편 개인적 법익에 대한 죄
제1장 생명과 신체에 대한 죄
제1절 살인의 죄 ······························································································· 5
[1] 총 설/ 5 [2] 살인죄/ 5 [3] 존속살해죄/ 10
[4] 영아살해죄/ 12 [5] 촉탁·승낙살인죄/ 14 [6] 자살교사·방조죄/ 15
[7] 위계·위력에 의한 살인죄/ 19 [8] 살인예비·음모죄/ 20
제2절 상해와 폭행의 죄 ······················································································ 21
[1] 총 설/ 21 [2] 상해죄/ 22 [3] 존속상해죄/ 27
[4] 중상해죄/ 27 [5] 존속중상해죄/ 29 [6] 특수상해죄/ 29
[7] 상해치사죄·존속상해치사죄/ 30 [8] 상해의 동시범특례/ 30
[9] 폭행죄/ 31 [10] 존속폭행죄/ 36 [11] 특수폭행죄/ 36
[12] 폭행치사상죄/ 41 [13] 상습상해·폭행죄/ 42
제3절 과실치사상의 죄 ························································································· 44
[1] 총 설/ 44 [2] 과실치상죄/ 45 [3] 과실치사죄/ 45
[4] 업무상과실·중과실치사상죄/ 46
제4절 낙태의 죄 ·································································································· 56
[1] 총 설/ 56 [2] 자기낙태죄/ 58 [3] 동의낙태죄/ 60
[4] 업무상동의낙태죄/ 60 [5] 부동의낙태죄/ 60 [6] 낙태치사상죄/ 61
제5절 유기와 학대의 죄 ························································································
[1] 총 설/ 62 [2] 유기죄/ 63 [3] 존속유기죄/ 66
[4] 중유기죄·존속중유기죄/ 66 [5] 영아유기죄/ 67
[6] 학대죄/ 67 [7] 존속학대죄/ 69 [8] 아동혹사죄/ 69
[9] 유기치사상죄/ 70

제2장 자유에 대한 죄
제1절 협박의 죄 ·································································································· 72
[1] 총 설/ 72 [2] 협박죄/ 73 [3] 존속협박죄/ 80
[4] 특수협박죄/ 81 [5] 상습협박죄/ 81
제2절 강요의 죄 ·································································································· 82
[1] 총 설/ 82 [2] 강요죄/ 82 [3] 특수강요죄/ 86 [4] 중강요죄/ 86
[5] 인질강요죄/ 87 [6] 인질상해·치상죄/ 89 [7] 인질살해·치사죄/ 89
제3절 체포와 감금의 죄 ························································································ 90
[1] 총 설/ 90 [2] 체포·감금죄/ 90 [3] 존속체포·감금죄/ 95
[4] 중체포·감금죄, 존속중체포·감금죄/ 96 [5] 특수체포·감금죄/ 97
[6] 상습체포·감금죄/ 98 [7] 체포·감금치사상죄/ 98
제4절 약취·유인 및 인신매매의 죄 ········································································· 99
[1] 총 설/ 99 [2] 미성년자 약취·유인죄/ 100
[3] 추행·간음·결혼·영리목적 약취·유인죄/ 105
[4] 노동력 착취·성매매와 성적 착취·장기적출목적 약취·유인죄/ 107
[5] 국외이송목적 약취·유인죄/ 108 [6] 피약취·유인자 국외이송죄/ 109
[7] 인신매매죄/ 109 [8] 추행·간음·결혼·영리목적 인신매매죄/ 111
[9] 노동력 착취·성매매와 성적 착취·장기적출목적 인신매매죄/ 111
[10] 국외이송목적 인신매매죄/ 112 [11] 피매매자 국외이송죄/ 113
[12] 피약취·유인·매매·이송자 상해·치상죄/ 113
[13] 피약취·유인·매매·이송자 살인·치사죄/ 114
[14] 피약취·유인·매매·이송자 수수·은닉죄/ 115
[15] 약취·유인·매매·이송목적 모집·운송·전달죄/ 116
제5절 강간과 추행의 죄 ······················································································ 117
[1] 총 설/ 117 [2] 강간죄/ 120 [3] 유사강간죄/ 124
[4] 강제추행죄/ 126 [5] 준강간죄·준강제추행죄/ 129
[6] 미성년자의제강간·강제추행죄/ 131
[7] 강간상해·치상죄, 강간살인·치사죄/ 133
[8] 미성년자·심신미약자 간음·추행죄/ 137
[9] 피감호자간음죄/ 139 [10] 피구금자간음죄/ 141 [11] 상습범/ 142
제3장 명예와 신용에 대한 죄
제1절 명예에 관한 죄 ························································································· 143
[1] 총 설/ 143 [2] 명예훼손죄/ 144 [3] 사자의 명예훼손죄/ 158
[4] 출판물에 의한 명예훼손죄/ 160 [5] 모욕죄/ 163
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제2절 신용·업무와 경매에 관한 죄 ······································································ 168
[1] 총 설/ 168 [2] 신용훼손죄/ 168 [3] 업무방해죄/ 171
[4] 컴퓨터업무방해죄/ 184 [5] 경매·입찰방해죄/ 187
제4장 사생활의 평온에 대한 죄
제1절 비밀침해의 죄 ·························································································· 192
[1] 총 설/ 192 [2] 비밀침해죄/ 193 [3] 업무상비밀누설죄/ 196
제2절 주거침입의 죄 ·························································································· 199
[1] 총 설/ 199 [2] 주거침입죄/ 200 [3] 퇴거불응죄/ 210
[4] 특수주거침입죄/ 212 [5] 주거·신체수색죄/ 212
제5장 재산에 대한 죄
제1절 재산죄의 기본개념 ···················································································· 214
[1] 재산죄의 분류/ 214 [2] 재산죄의 객체/ 215 [3] 형법상의 점유/ 220
[4] 불법영득의사/ 229 [5] 친족상도례/ 237
제2절 절도의 죄 ································································································ 244
[1] 총 설/ 244 [2] 절도죄/ 245 [3] 야간주거침입절도죄/ 254
[4] 특수절도죄/ 257 [5] 자동차 등 불법사용죄/ 262 [6] 상습절도죄/ 264
제3절 강도의 죄 ································································································ 266
[1] 총 설/ 266 [2] 강도죄/ 267 [3] 특수강도죄/ 276
[4] 준강도죄·준특수강도죄/ 278 [5] 인질강도죄/ 284
[6] 강도상해·치상죄/ 286 [7] 강도살인·치사죄/ 289
[8] 강도강간죄/ 292 [9] 해상강도죄, 해상강도상해·치상·살인·치사·강간죄/ 294
[10] 상습강도죄/ 296 [11] 강도예비·음모죄/ 297

제4절 사기의 죄 ································································································ 298
[1] 총 설/ 298 [2] 사기죄/ 299
[3] 컴퓨터 등 사용사기죄/ 335 [4] 신용카드 관련범죄/ 339
[5] 준사기죄/ 346 [6] 편의시설부정이용죄/ 347
[7] 부당이득죄/ 349 [8] 상습사기죄/ 352
제5절 공갈의 죄 ································································································ 353
[1] 총 설/ 353 [2] 공갈죄/ 354
[3] 특수공갈죄/ 361 [4] 상습공갈죄/ 362
제6절 횡령의 죄 ································································································ 363
[1] 총 설/ 363 [2] 횡령죄/ 364
[3] 업무상횡령죄/ 399 [4] 점유이탈물횡령죄/ 399
제7절 배임의 죄 ································································································ 402
[1] 총 설/ 402 [2] 배임죄/ 403 [3] 업무상배임죄/ 434
[4] 배임수재죄/ 434 [5] 배임증재죄/ 442
제8절 장물의 죄 ························································································································ 445
[1] 총 설/ 445 [2] 장물죄/ 452
[3] 상습장물죄/ 459 [4] 업무상과실·중과실장물죄/ 459
제9절 손괴의 죄 ································································································ 461
[1] 총 설/ 461 [2] 재물손괴죄/ 461
[3] 공익건조물파괴죄/ 469 [4] 중손괴죄·손괴치사상죄/ 470
[5] 특수손괴죄/ 471 [6] 경계침범죄/ 471
제10절 권리행사를 방해하는 죄 ··········································································· 475
[1] 총 설/ 475 [2] 권리행사방해죄/ 475 [3] 점유강취죄/ 481
[4] 준점유강취죄/ 481 [5] 중권리행사방해죄/ 482
[6] 강제집행면탈죄/ 482

제2편 사회적 법익에 대한 죄
제1장 공공의 안전과 평온에 대한 죄
제1절 공안을 해하는 죄 ······················································································ 495
[1] 총 설/ 495 [2] 범죄단체 등 조직죄/ 495 [3] 소요죄/ 499
[4] 다중불해산죄/ 501 [5] 전시공수계약불이행죄/ 503
[6] 공무원자격사칭죄/ 503
제2절 폭발물에 관한 죄 ······················································································ 505
[1] 총 설/ 505 [2] 폭발물사용죄/ 505 [3] 전시폭발물사용죄/ 507
[4] 폭발물사용 예비·음모·선동죄/ 507
[5] 전시폭발물 제조·수입·수출·수수·소지죄/ 508
제3절 방화와 실화의 죄 ······················································································ 509
[1] 총 설/ 509 [2] 현주건조물 등 방화죄/ 511
- ix -
[3] 현주건조물 등 방화치사상죄/ 514 [4] 공용건조물 등 방화죄/ 515
[5] 일반건조물 등 방화죄/ 515 [6] 일반물건방화죄/ 517
[7] 연소죄/ 518 [8] 진화방해죄/ 519
[9] 폭발성물건파열죄/ 521 [10] 폭발성물건파열치사상죄/ 521
[11] 가스·전기 등 방류죄/ 522 [12] 가스·전기 등 방류치사상죄/ 522
[13] 가스·전기 등 공급방해죄/ 522 [14] 가스·전기 등 공급방해치사상죄/ 523
[15] 방화 등 예비·음모죄/ 523 [16] 실화죄/ 523
[17] 업무상실화·중실화죄/ 524 [18] 과실폭발성물건파열 등 죄/ 525
제4절 일수와 수리에 관한 죄 ·············································································· 527
[1] 총 설/ 527 [2] 현주건조물 등 일수죄/ 528
[3] 현주건조물일수치사상죄/ 529 [4] 공용건조물 등 일수죄/ 529
[5] 일반건조물 등 일수죄/ 529 [6] 방수방해죄/ 530
[7] 과실일수죄/ 530 [8] 일수예비·음모죄/ 531 [9] 수리방해죄/ 531
제5절 교통방해의 죄 ·························································································· 533
[1] 총 설/ 533 [2] 일반교통방해죄/ 533 [3] 기차·선박 등 교통방해죄/ 536
[4] 기차 등 전복죄/ 538 [5] 교통방해치사상죄/ 539
[6] 과실교통방해죄/ 540 [7] 업무상과실·중과실교통방해죄/ 540

제2장 공공의 신용에 대한 죄
제1절 통화에 관한 죄 ························································································· 542
[1] 총 설/ 542 [2] 내국통화 위조·변조죄/ 542
[3] 내국유통 외국통화 위조·변조죄/ 545
[4] 외국통용 외국통화 위조·변조죄/ 546
[5] 위조·변조통화 행사 등 죄/ 546 [6] 위조·변조통화취득죄/ 549
[7] 위조통화취득후지정행사죄/ 550 [8] 통화유사물제조·수입·수출죄/ 551
[9] 통화위조·변조 예비·음모죄/ 551
제2절 유가증권·인지와 우표에 관한 죄 ································································· 552
[1] 총 설/ 552 [2] 유가증권 위조·변조죄/ 553
[3] 기재의 위조·변조죄/ 559 [4] 자격모용에 의한 유가증권작성죄/ 561
[5] 허위유가증권작성죄/ 562 [6] 위조 등 유가증권 행사·수입·수출죄/ 564
[7] 인지·우표 위조·변조죄/ 566
[8] 위조·변조 인지·우표 행사·수입·수출죄/ 567
[9] 위조·변조 인지·우표 취득죄/ 568 [10] 소인말소죄/ 568
[11] 인지·우표유사물 제조·수입·수출죄/ 568 [12] 예비·음모죄/ 569
제3절 문서에 관한 죄 ························································································· 570
[1] 총 설/ 570 [2] 사문서위조·변조죄/ 578
[3] 자격모용에 의한 사문서작성죄/ 590 [4] 사전자기록 위작·변작죄/ 593
[5] 공문서위조·변조죄/ 595 [6] 자격모용에 의한 공문서작성죄/ 596
[7] 공전자기록 위작·변작죄/ 597 [8] 허위진단서 등 작성죄/ 598
[9] 허위공문서작성죄/ 600 [10] 공정증서원본 등 부실기재죄/ 607
[11] 위조·변조·작성 사문서행사죄/ 617
[12] 위조·변조 등 공문서행사죄/ 619 [13] 사문서부정행사죄/ 620
[14] 공문서부정행사죄/ 622
제4절 인장에 관한 죄 ························································································· 625
[1] 총 설/ 625 [2] 사인 등 위조·부정사용죄/ 627
[3] 위조사인 등 행사죄/ 629 [4] 공인 등 위조·부정사용죄/ 630
[5] 위조공인 등 행사죄/ 631

제3장 공중의 건강에 대한 죄
제1절 음용수에 관한 죄 ······················································································ 632
[1] 총 설/ 632 [2] 음용수사용방해죄/ 632
[3] 음용수유해물혼입죄/ 634 [4] 수도음용수사용방해죄/ 634
[5] 수도음용수유해물혼입죄/ 635 [6] 음용수혼독치사상죄/ 636
[7] 수도불통죄/ 636
제2절 아편에 관한 죄 ························································································· 638
[1] 총 설/ 638 [2] 아편흡식죄/ 638 [3] 아편흡식장소제공죄/ 640
[4] 아편 등 제조·수입·판매·판매목적소지죄/ 640
[5] 아편흡식기 제조·수입·판매·판매목적소지죄/ 641
[6] 세관공무원의 아편 등 수입·수입허용죄/ 641
[7] 상습아편흡식·제조·수입·판매죄/ 642 [8] 아편 등 소지죄/ 642
제4장 사회의 도덕에 대한 죄
제1절 성풍속에 관한 죄 ······················································································ 643
[1] 총 설/ 643 [2] 음행매개죄/ 643
[3] 음화 등 반포·판매·임대·공연전시죄/ 645
[4] 음화 등 제조·소지·수입·수출죄/ 649 [5] 공연음란죄/ 649
제2절 도박과 복표에 관한 죄 ·············································································· 652
[1] 총 설/ 652 [2] 도박죄/ 652 [3] 상습도박죄/ 655
[4] 도박장소 등 개설죄/ 656 [5] 복표발매·중개·취득죄/ 658
- xi -
제3절 신앙에 관한 죄 ························································································· 660
[1] 총 설/ 660 [2] 장례식 등 방해죄/ 660
[3] 사체 등 오욕죄/ 662 [4] 분묘발굴죄/ 663
[5] 사체 등 손괴·유기·은닉·영득죄/ 665 [6] 변사체검시방해죄/ 667

제3편 국가적 법익에 대한 죄
제1장 국가의 존립과 권위에 대한 죄
제1절 내란의 죄 ································································································ 671
[1] 총 설/ 671 [2] 내란죄/ 671 [3] 내란목적살인죄/ 676
[4] 내란예비·음모·선동·선전죄/ 676
제2절 외환의 죄 ································································································ 678
[1] 총 설/ 678 [2] 외환유치죄/ 678 [3] 여적죄/ 679
[4] 모병이적죄/ 680 [5] 시설제공이적죄/ 680
[6] 시설파괴이적죄/ 681 [7] 물건제공이적죄/ 681
[8] 일반이적죄/ 681 [9] 간첩죄/ 682
[10] 전시군수계약불이행죄/ 686 [11] 외환예비·음모·선동·선전죄/ 687
제3절 국기에 관한 죄 ························································································· 688
[1] 총 설/ 688 [2] 국기·국장모독죄/ 688
[3] 국기·국장비방죄/ 689
제4절 국교에 관한 죄 ························································································· 690
[1] 총 설/ 690 [2] 외국원수에 대한 폭행 등 죄/ 691
[3] 외국사절에 대한 폭행 등 죄/ 692 [4] 외국국기·국장모독죄/ 693
[5] 외국에 대한 사전죄/ 693 [6] 중립명령위반죄/ 694
[7] 외교상기밀누설죄/ 694

제2장 국가의 기능에 대한 죄
제1절 공무원의 직무에 관한 죄 ··········································································· 696
[1] 총 설/ 696 [2] 직무유기죄/ 697 [3] 피의사실공표죄/ 704
[4] 공무상비밀누설죄/ 705 [5] 직권남용죄/ 708
[6] 불법체포·감금죄/ 713 [7] 폭행·가혹행위죄/ 714
[8] 선거방해죄/ 715 [9] 뇌물죄의 일반이론/ 715
[10] 수뢰죄/ 729 [11] 사전수뢰죄/ 735
[12] 제3자뇌물공여죄/ 737 [13] 수뢰후부정처사죄/ 740
[14] 부정처사후수뢰죄/ 741 [15] 사후수뢰죄/ 742
[16] 알선수뢰죄/ 743 [17] 증뢰죄/ 746
제2절 공무방해에 관한 죄 ··················································································· 749
[1] 총 설/ 749 [2] 공무집행방해죄/ 749
[3] 직무·사직강요죄/ 763 [4] 위계에 의한 공무집행방해죄/ 764
[5] 법정·국회회의장모욕죄/ 771 [6] 인권옹호직무방해죄/ 773
[7] 공무상 봉인 등 표시무효죄/ 774 [8] 공무상비밀침해죄/ 779
[9] 부동산강제집행효용침해죄/ 780 [10] 공용서류 등 무효죄/ 781
[11] 공용물파괴죄/ 785 [12] 공무상보관물무효죄/ 785
[13] 특수공무방해죄·특수공무방해치사상죄/ 786
제3절 도주와 범인은닉의 죄 ················································································ 789
[1] 총 설/ 789 [2] 도주죄/ 790 [3] 집합명령위반죄/ 791
[4] 특수도주죄/ 793 [5] 도주원조죄/ 794
[6] 간수자도주원조죄/ 795 [7] 범인은닉죄/ 795
제4절 위증과 증거인멸의 죄 ················································································ 804
[1] 총 설/ 804 [2] 위증죄/ 804 [3] 모해위증죄/ 814
[4] 허위감정·통역·번역죄/ 814 [5] 증거인멸죄/ 815
[6] 증인은닉·도피죄/ 820 [7] 모해증거인멸죄/ 821
제5절 무고의 죄 ································································································ 822
[1] 총 설/ 822 [2] 무고죄/ 822
[판례색인] ······································································································ 835