2018 로스쿨 신체계 형법강의

제1편 서 론
제1장 형법의 기본개념
제1절 형법의 의의와 성격······························································································· 5
. 형법의 의의 / 5 . 형법의 성격 / 6
. 형법의 기능 / 6 . 위험형법 / 8
제2절 죄형법정주의··········································································································· 9
. 죄형법정주의의 의의 / 9 . 죄형법정주의의 내용 / 10
제2장 형법의 적용범위와 형법이론
제1절 형법의 적용범위··································································································· 47
. 시간적 적용범위 / 47 . 장소적 적용범위 / 62
. 인적 적용범위 / 70
제2절 형법이론················································································································· 71
. 형벌이론 / 71 . 범죄이론 / 72
. 형법학파의 대립 / 74

제2편 범죄론
제1장 범죄의 기본개념
제1절 범죄의 의의와 종류····························································································· 77
. 범죄의 의의 / 77 . 범죄의 성립요건·처벌조건·소추조건 / 77
. 범죄의 종류 / 81
제2절 행위론····················································································································· 87
. 서 론 / 87 . 행위론의 내용 / 88
. 형법상 행위의 최소한의 요건 / 89
제3절 범죄체계론············································································································· 90
제4절 행위의 주체와 객체····························································································· 92
. 행위의 주체 / 92 . 행위의 객체와 보호의 객체 / 101

ix

제2장 구성요건
제1절 구성요건이론······················································································································ 103
. 구성요건의 의의 / 103 . 구성요건과 위법성과의 관계 / 103
. 구성요건의 유형 / 105 . 구성요건의 요소 / 106
제2절 결과반가치와 행위반가치················································································· 108
. 결과반가치와 행위반가치의 의의 / 108
. 결과반가치론과 행위반가치론 / 108
. 결과반가치와 행위반가치의 내용 / 110
제3절 부작위범··············································································································· 111
. 부작위의 본질 / 111 . 부작위범의 구조 / 114
. 부진정부작위범의 특유한 구성요건 / 117 . 관련문제 / 129
제4절 인과관계와 객관적 귀속··················································································· 133
. 서 론 / 133 . 인과관계의 유형 / 133
. 인과관계 판단에 관한 학설 / 135 . 객관적 귀속이론 / 144
제5절 구성요건적 고의································································································· 151
. 서 론 / 151 . 고의의 본질 / 152
. 고의의 내용 / 153 . 고의의 종류 / 155
제6절 구성요건적 착오································································································· 161
. 서 론 / 161
. 기본적 구성요건의 착오의 인정여부(A1을 해결함) / 162
. 구성요건적 착오(A3)의 해결 / 163
. 제15조 제1항의 규율 밖에 있는 착오사례의 해결 / 165
. 인과관계(과정)의 착오 / 176
제7절 과 실····················································································································· 182
. 서 론 / 182 . 과실범의 구성요건 / 187
. 과실범의 위법성과 책임 / 197 . 객관적 주의의무의 제한원리 / 198
. 관련문제 / 206
제8절 결과적 가중범····································································································· 207
. 서 론 / 207 . 결과적 가중범의 종류 / 207
. 결과적 가중범의 성립요건 / 212 . 관련문제 / 217

x

제3장 위법성
제1절 위법성의 이론····································································································· 224
. 위법성의 의의 / 224 . 위법성의 본질 / 225
. 위법성 판단 / 225 . 위법성조각사유(정당화사유) / 226
. 주관적 정당화요소 / 227
제2절 정당방위··············································································································· 232
. 정당방위의 의의 / 232 . 정당방위의 성립요건 / 232
. 과잉방위와 오상방위 / 246
제3절 긴급피난··············································································································· 251
. 긴급피난의 의의와 본질 / 251 . 긴급피난의 성립요건 / 252
. 긴급피난의 특칙 / 257 . 과잉피난과 오상피난 / 257
. 의무의 충돌 / 258
제4절 자구행위··············································································································· 259
. 자구행위의 의의 / 259 . 자구행위의 성립요건 / 259
. 과잉자구행위와 오상자구행위 / 264
제5절 피해자의 승낙····································································································· 265
. 서 론 / 265 . 양 해 / 266
. 피해자의 승낙 / 268 . 추정적 승낙 / 272
제6절 정당행위··············································································································· 274
. 서 론 / 274 . 법령에 의한 행위 / 274
. 업무로 인한 행위 / 284 . 사회상규에 위배되지 않는 행위 / 288
제4장 책임론
제1절 책임이론··············································································································· 300
. 책임의 의의 / 300 . 책임의 근거 / 301
. 책임의 본질 / 301
제2절 책임능력··············································································································· 302
. 책임능력의 의의 / 303 . 책임무능력자 / 304
. 한정책임능력자 / 309 . 원인에 있어서 자유로운 행위 / 311
제3절 위법성의 인식····································································································· 317
. 위법성의 인식의 의의 / 317 . 위법성의 인식의 체계적 지위 / 318

xi

제4절 법률의 착오········································································································· 320
. 법률의 착오의 의의와 태양 / 320 . 형법 제16조와 정당한 이유 / 323
. 위법성조각사유의 전제사실의 착오 / 330
제5절 기대가능성··········································································································· 334
. 서 론 / 334 . 기대가능성의 체계적 지위 / 334
. 기대가능성이론의 기능 / 335 . 기대가능성의 판단기준 / 335
. 기대가능성에 대한 착오 / 337 . 기대불가능성으로 인한 책임조각사유 / 338
. 강요된 행위 / 338
제5장 미수론
제1절 미수범의 일반이론····························································································· 342
제2절 장애미수··············································································································· 344
. 의 의 / 344 . 장애미수의 성립요건 / 344
. 장애미수의 처벌 / 353
제3절 중지미수··············································································································· 354
. 서 론 / 354 . 중지미수의 성립요건 / 355
. 중지미수의 처벌 / 361 . 관련문제 / 362
제4절 불능미수··············································································································· 364
. 불능미수의 의의 / 364 . 불능미수의 성립요건 / 365
. 불능미수의 처벌 / 371 . 관련문제 / 371
제5절 예비죄··················································································································· 372
. 서 설 / 372 . 예비죄의 법적 성격 / 372
. 예비죄의 성립요건 / 373 . 관련문제 / 376
제6장 공범론
제1절 공범이론··············································································································· 379
. 서 설 / 379 . 정범과 공범의 구별 / 385
. 공범의 종속성과 처벌의 근거 / 387
제2절 간접정범··············································································································· 390
. 간접정범의 의의 / 390 . 간접정범의 성립요건 / 391
. 간접정범의 처벌 / 394 . 관련문제 / 394
. 특수교사·방조 / 397

xii

제3절 공동정범··············································································································· 398
. 공동정범의 의의와 본질 / 398 . 공동정범의 성립요건 / 399
. 공동정범의 처벌 / 415 . 공동정범과 신분범 및 착오 / 416
. 동시범 / 417
제4절 교사범··················································································································· 422
. 교사범의 의의 / 422 . 교사범의 성립요건 / 422
. 교사의 착오 / 427 . 교사범의 처벌 / 429
. 관련문제 / 429
제5절 종 범····················································································································· 431
. 종범의 의의 / 431 . 종범의 성립요건 / 431
. 종범의 착오 / 436 . 종범의 처벌 / 437
. 관련문제 / 437
제6절 공범과 신분········································································································· 437
. 공범과 신분의 의의 / 439 . 신분범의 의의와 종류 / 439
. 형법 제33조의 해석론 / 440 . 소극적 신분과 공범 / 447
제7장 죄수론
제1절 죄수이론··············································································································· 449
. 죄수론의 의의 / 449 . 죄수결정의 기준 / 449
. 수죄의 처벌 / 451
제2절 일 죄····················································································································· 452
. 서 론 / 452 . 법조경합 / 452
. 포괄일죄 / 463
제3절 수 죄····················································································································· 475
. 상상적 경합 / 475 . 실체적 경합 / 483

xiii

제3편 형벌론
제1장 형 벌
제1절 형벌의 종류········································································································· 499
. 형벌의 의의와 종류 / 499 . 사 형 / 499
. 자유형 / 501 . 재산형 / 502
. 명예형 / 515 . 형의 경중 / 516
제2절 형의 양정············································································································· 517
. 의 의 / 517 . 형의 양정의 단계 / 517
. 형의 가중·감경·면제 / 518 . 양 형 / 524
. 판결선고전 구금 및 판결의 공시 / 525
제3절 누 범····················································································································· 529
. 서 론 / 529 . 누범가중의 요건 / 530
. 누범의 효과 / 533 . 판결선고후의 누범발각 / 533
제4절 집행유예·선고유예·가석방············································································ 534
. 집행유예 / 534 . 선고유예 / 542
. 가석방 / 546
제5절 형의 시효·소멸·기간······················································································ 550
. 형의 시효 / 550 . 형의 소멸 등 / 551
. 형의 기간 / 553
제2장 보안처분
. 서 론 / 554 . 보안처분의 정당화 조건 / 554
. 형벌과 보안처분의 관계 / 555 . 보안처분의 종류 / 556
. 현행법상의 보안처분 / 556

xiv
각 론

제1편 개인적 법익에 관한 죄
제1장 생명과 신체에 대한 죄
제1절 살인의 죄············································································································· 565
. 총 설 / 565 . 보통살인죄 / 565
. 존속살해죄 / 570 . 영아살해죄 / 573
. 촉탁·승낙살인죄 / 575 . 자살교사·방조죄 / 576
. 위계·위력에 의한 살인죄 / 578 . 살인예비·음모죄 / 579
제2절 상해와 폭행의 죄······························································································· 580
. 총 설 / 580 . 상해죄 / 580
. 존속상해죄 / 585 . 중상해죄 / 585
. 존속중상해죄 / 586 - . 특수상해죄 / 587
. 상해치사죄·존속상해치사죄 / 587 . 상해의 동시범특례 / 587
. 폭행죄 / 587 . 존속폭행죄 / 591
. 특수폭행죄 / 591 . 폭행치사상죄 / 596
. 상습상해·폭행죄 / 597
제3절 과실치사상의 죄································································································· 598
. 총 설 / 598 . 과실치상죄 / 598
. 과실치사죄 / 598 . 업무상과실·중과실치사상죄 / 600
제4절 낙태의 죄············································································································· 610
. 총 설 / 610 . 자기낙태죄 / 611
. 동의낙태죄 / 613 . 업무상동의낙태죄 / 613
. 부동의낙태죄 / 614 . 낙태치사상죄 / 615
제5절 유기와 학대의 죄······························································································· 616
. 총 설 / 616 . 유기죄 / 616
. 존속유기죄 / 620 . 중유기죄·존속중유기죄 / 621
. 영아유기죄 / 621 . 학대죄 / 621
. 존속학대죄 / 623 . 아동혹사죄 / 623
. 유기치사상죄 / 624

xv

제2장 자유에 대한 죄
제1절 협박의 죄············································································································· 625
. 총 설 / 625 . 협박죄 / 625
. 존속협박죄 / 632 . 특수협박죄 / 632
. 상습협박죄 / 633
제2절 강요의 죄············································································································· 634
. 총 설 / 634 . 강요죄 / 634
- . 특수강요죄 / 638 . 중강요죄 / 638
. 인질강요죄 / 639 . 인질상해·치상죄 / 641
. 인질살해·치사죄 / 641
제3절 체포와 감금의 죄······························································································· 642
. 총 설 / 642 . 체포·감금죄 / 642
. 존속체포·감금죄 / 645 . 중체포·감금죄, 존속중체포·감금죄 / 646
. 특수체포·감금죄 / 646 . 상습체포·감금죄 / 646
. 체포·감금치사상죄 / 647
제4절 약취, 유인 및 인신매매의 죄·········································································· 648
. 총 설 / 648
. 미성년자 약취·유인죄 / 648
. 추행·간음·결혼·영리목적 약취·유인죄 / 652
. 노동력 착취·성매와 성적 착취·결혼·장기적출 목적 약취·유인죄 / 654
. 국외이송목적 약취·유인죄 및 피약취·유인자 국외이송죄 / 655
. 인신매매죄 / 655
. 추행·간음·결혼·영리목적 인신매매죄 / 656
. 노동력 착취·성매와 성적 착취·결혼·장기적출 목적 인신매매죄 / 657
. 국외이송목적 인신매매죄 및 피매매자 국외이송죄 / 657
. 약취, 유인, 매매, 이송 등 상해·치상죄 /657
. 약취, 유인, 매매, 이송 등 살해·치사죄 /658
. 피약취·유인·매매·국외이송자 수수·은닉 등 죄 / 658
제5절 강간과 추행의 죄······························································································· 659
. 총 설 / 659 . 강간죄 / 659
. 유사강간죄 / 664 . 강제추행죄 / 664
. 준강간죄·준유사강간죄·준강제추행죄 / 667 . 미성년자의제강간·강제추행죄 / 669
. 강간 등 상해·치상죄 / 671 . 강간 등 살인·치사죄 / 674
. 미성년자·심신미약자 간음·추행죄 / 675 . 업무상위력 등에 위한 간음죄 / 677
. 피구금자간음죄 / 678 . 상습강간등죄 / 679
. 성범죄에 대한 특별형법 / 679

xvi

제3장 명예와 신용에 대한 죄
제1절 명예에 관한 죄··································································································· 689
. 총 설 / 689 . 명예훼손죄 / 693
. 사자의 명예훼손죄 / 712 . 출판물에 의한 명예훼손죄 / 714
. 모욕죄 / 718
제2절 신용·업무와 경매에 관한 죄·········································································· 723
. 총 설 / 723 . 신용훼손죄 / 723
. 업무방해죄 / 726 . 컴퓨터 업무방해죄 / 745
. 경매·입찰방해죄 / 749
제4장 사생활의 평온에 대한 죄
제1절 비밀침해의 죄····································································································· 755
. 총 설 / 755 . 비밀침해죄 / 755
. 업무상 비밀누설죄 / 758
제2절 주거침입의 죄····································································································· 760
. 총 설 / 760 . 주거침입죄 / 761
. 퇴거불응죄 / 772 . 특수주거침입죄 / 774
. 주거·신체수색죄 / 774
제5장 재산에 대한 죄
제1절 재산죄의 기본개념····························································································· 775
. 재산죄의 분류 / 775 . 재산죄의 객체 / 775
. 형법상의 점유 / 781 . 불법영득의사 / 789
. 친족상도례 / 798
제2절 절도의 죄············································································································· 805
. 총 설 / 805 . 절도죄 / 805
. 야간주거침입절도죄 / 812 . 특수절도죄 / 816
. 자동차 등 불법사용죄 / 822 . 상습절도죄 / 824
제3절 강도의 죄············································································································· 826
. 총 설 / 826 . 강도죄 / 826
. 특수강도죄 / 833 . 준강도죄·준특수강도죄 / 834
. 인질강도죄 / 843 . 강도상해·치상죄 / 844

xvii

. 강도살인·치사죄 / 847 . 강도강간죄 / 850
. 해상강도죄, 해상강도상해·치상·살인·치사·강간죄 / 850
. 상습강도죄 / 851
. 강도예비·음모죄 / 852
제4절 사기의 죄············································································································· 854
. 총 설 / 854 . 사기죄 / 855
. 컴퓨터 등 사용사기죄 / 903 . 준사기죄 / 908
. 편의시설부정이용죄 / 909 . 부당이득죄 / 911
. 상습사기죄 / 912 . 신용카드와 관련한 범죄 / 912
제5절 공갈의 죄············································································································· 920
. 총 설 / 920 . 공갈죄 / 920
- . 특수공갈죄 / 928 . 상습공갈죄 / 928
제6절 횡령의 죄············································································································· 929
. 총 설 / 929 . 횡령죄 / 929
. 업무상횡령죄 / 974 . 점유이탈물횡령죄 / 976
제7절 배임의 죄············································································································· 977
. 총 설 / 977 . 배임죄 / 978
. 업무상배임죄 / 1022 . 배임수재죄 / 1023
. 배임증재죄 / 1033
제8절 장물의 죄··········································································································· 1036
. 총 설 / 1036 . 장물죄 / 1038
. 상습장물죄 / 1047 . 업무상과실·중과실 장물죄 / 1047
제9절 손괴의 죄··········································································································· 1049
. 총 설 / 1049 . 재물손괴죄 / 1049
. 공익건조물파괴죄 / 1055 . 중손괴죄·손괴치사상죄 / 1056
. 특수손괴죄 / 1056 . 경계침범죄 / 1057
제10절 권리행사를 방해하는 죄··············································································· 1059
. 총 설 / 1059 . 권리행사방해죄 / 1059
. 점유강취죄 / 1065 . 준점유강취죄 / 1065
. 중권리행사방해죄 / 1066 . 강제집행면탈죄 / 1066

xviii
제2편 사회적 법익에 관한 죄
제1장 공공의 안전과 평온에 대한 죄
제1절 공안을 해하는 죄····························································································· 1081
. 총 설 / 1081 . 범죄단체조직죄 / 1081
. 소요죄 / 1084 . 다중불해산죄 / 1086
. 전시공수계약불이행죄 / 1086 . 공무원자격사칭죄 / 1087
제2절 폭발물에 관한 죄····························································································· 1088
. 총 설 / 1088 . 폭발물사용죄 / 1088
. 전시폭발물사용죄 / 1089 . 폭발물사용 예비·음모·선동죄 / 1089
. 전시폭발물 제조·수입·수출·수수·소지죄 / 1089
제3절 방화와 실화의 죄····························································································· 1090
. 총 설 / 1090 . 현주건조물 등 방화죄 / 1092
. 현주건조물 등 방화치사상죄 / 1095 . 공용건조물 등 방화죄 / 1095
. 일반건조물 등 방화죄 / 1096 . 일반물건방화죄 / 1096
. 연소죄 / 1097 . 진화방해죄 / 1098
. 폭발성물건파열죄와 폭발성물건파열치사상죄 / 1099
. 가스·전기 등 방류죄와 가스·전기 등 방류치사상죄 / 1099
. 가스·전기 등 공급방해죄와 가스·전기 등 공급방해치사상죄 / 1099
. 방화 등 예비·음모죄 / 1100
. 실화죄 / 1100
. 업무상실화·중실화죄 / 1100
. 과실폭발성물건파열 등 죄 / 1101
제4절 일수와 수리에 관한 죄··················································································· 1102
. 총 설 / 1102 . 현주건조물 등 일수죄 / 1102
. 현주건조물일수치사상죄 / 1102 . 공용건조물 등 일수죄 / 1103
. 일반건조물 등 일수죄 / 1103 . 방수방해죄 / 1103
. 과실일수죄 / 1104 . 일수예비·음모죄 / 1104
. 수리방해죄 / 1104
제5절 교통방해의 죄··································································································· 1106
. 총 설 / 1106 . 일반교통방해죄 / 1106
. 기차·선박 등 교통방해죄 / 1109 . 기차 등 전복죄 / 1109
. 교통방해치사상죄/ 1109
. 과실교통방해죄, 업무상과실·중과실 교통방해죄 / 1110

xix

제2장 공공의 신용에 대한 죄
제1절 통화에 관한 죄································································································· 1111
. 총 설 / 1111 . 내국통화 위조·변조죄 / 1111
. 내국유통 외국통화 위조·변조죄 / 1114 . 외국통용 외국통화 위조·변조죄 / 1115
. 위조·변조통화 행사 등 죄 / 1115 . 위조·변조통화 취득죄 / 1117
. 위조통화취득후지정행사죄 / 1117 . 통화유사물제조·수입·수출죄 / 1118
. 통화위조·변조 예비·음모죄 / 1118
제2절 유가증권·인지와 우표에 관한 죄································································ 1119
. 총 설 / 1119
. 유가증권 위조·변조죄 / 1122
. 기재의 위조·변조죄 / 1126
. 자격모용에 의한 유가증권작성죄 / 1127
. 허위유가증권작성죄 / 1128
. 위조 등 유가증권행사·수입·수출죄 / 1129
. 인지·우표 위조·변조죄 / 1131
. 위조·변조 인지·우표 행사·수입·수출죄 / 1131
. 위조·변조 인지·우표 취득죄 / 1131
. 소인말소죄 / 1132
. 인지·우표유사물제조·수입·수출죄 / 1132
. 예비·음모죄 / 1132
제3절 문서에 관한 죄································································································· 1133
. 총 설 / 1133 . 사문서위조·변조죄 / 1141
. 자격모용에 의한 사문서작성죄 / 1151 . 사전자기록 위작·변작죄 / 1154
. 공문서위조·변조죄 / 1155 . 자격모용에 의한 공문서작성죄 / 1159
. 공전자기록 위작·변작죄 / 1160 . 허위진단서 등 작성죄 / 1162
. 허위공문서작성죄 / 1164 . 공정증서원본 등 부실기재죄 / 1169
. 위조·변조·작성 사문서행사죄 / 1180 . 위조·변조 등 공문서행사죄 / 1182
. 사문서부정행사죄 / 1183 . 공문서부정행사죄 / 1184
제4절 인장에 관한 죄································································································· 1188
. 총 설 / 1188 . 사인 등 위조·부정사용죄 / 1188
. 위조사인 등 행사죄 / 1190 . 공인 등 위조·부정사용죄 / 1192
. 위조공인 등 행사죄 / 1192

xx

제3장 공중의 건강에 대한 죄
제1절 음용수에 관한 죄····························································································· 1193
. 총 설 / 1193 . 음용수사용방해죄 / 1193
. 음용수유해물혼입죄 / 1193 . 수도음용수사용방해죄 / 1194
. 수도음용수유해물혼입죄 / 1194 . 음용수혼독치사상죄 / 1194
. 수도불통죄 / 1194
제2절 아편에 관한 죄································································································· 1196
. 총 설 / 1196
. 아편흡식죄 / 1196
. 아편흡식장소제공죄 / 1196
. 아편 등 제조·수입·판매·판매목적소지죄 / 1197
. 아편흡식기 제조·수입·판매·판매목적소지죄 / 1197
. 세관공무원의 아편 등 수입·수입허용죄 / 1197
. 상습아편흡식·제조·수입·판매죄 / 1198
. 아편 등 소지죄 / 1198
제4장 사회의 도덕에 대한 죄
제1절 성풍속에 관한 죄····························································································· 1199
. 총 설 / 1199
. 음행매개죄 / 1199
. 음화 등 반포·판매·임대·공연전시죄 / 1200
. 음화 등 제조·소지·수입·수출죄 / 1204
. 공연음란죄 / 1204
제2절 도박과 복표에 관한 죄··················································································· 1206
. 총 설 / 1206 . 도박죄 / 1206
. 상습도박죄 / 1208 . 도박장소 등 개설죄 / 1209
. 복표발매·중개·취득죄 / 1212
제3절 신앙에 관한 죄································································································· 1213
. 총 설 / 1213 . 장례식 등 방해죄 / 1213
. 사체 등 오욕죄 / 1215 . 분묘발굴죄 / 1215
. 사체 등 손괴·유기·은닉·영득죄 / 1216
. 변사체검시방해죄 / 1217

xxi
제3편 국가적 법익에 관한 죄
제1장 국가의 존립과 권위에 대한 죄
제1절 내란의 죄··········································································································· 1221
. 총 설 / 1221 . 내란죄 / 1221
. 내란목적살인죄 / 1224 . 내란예비·음모·선동·선전죄 / 1224
제2절 외환의 죄··········································································································· 1228
. 총 설 / 1228 . 외환유치죄 / 1228
. 여적죄 / 1228 . 모병이적죄 / 1229
. 시설제공이적죄 / 1229 . 시설파괴이적죄 / 1229
. 물건제공이적죄 / 1230 . 일반이적죄 / 1230
. 간첩죄 / 1231 . 전시군수계약불이행죄 / 1234
. 외환예비·음모·선동·선전죄 / 1234
제3절 국기에 관한 죄································································································· 1235
. 총 설 / 1235 . 국기·국장모독죄 / 1235
. 국기·국장비방죄 / 1235
제4절 국교에 관한 죄································································································· 1236
. 총 설 / 1236 . 외국원수에 대한 폭행 등 죄 / 1236
. 외국사절에 대한 폭행 등 죄 / 1236 . 외국국기·국장모독죄 / 1237
. 외국에 대한 사전죄 / 1237 . 중립명령위반죄 / 1237
. 외교상 기밀누설죄 / 1237
제2장 국가의 기능에 대한 죄
제1절 공무원의 직무에 관한 죄··············································································· 1238
. 총 설 / 1238 . 직무유기죄 / 1239
. 피의사실공표죄 / 1246 . 공무상 비밀누설죄 / 1246
. 직권남용죄 / 1249 . 불법체포·감금죄 / 1255
. 폭행·가혹행위죄 / 1255 . 선거방해죄 / 1256
. 뇌물죄의 일반이론 / 1256 . 수뢰죄 / 1272
. 사전수뢰죄 / 1278 . 제3자 뇌물공여죄 / 1279
. 수뢰후부정처사죄 / 1282 . 부정처사후수뢰죄 / 1283
. 사후수뢰죄 / 1283 . 알선수뢰죄 / 1284
. 증뢰죄 / 1288

xxii

제2절 공무방해에 관한 죄························································································· 1291
. 총 설 / 1291 . 공무집행방해죄 / 1291
. 직무·사직강요죄 / 1302 . 위계에 의한 공무집행방해죄 / 1302
. 법정·국회회의장모욕죄 / 1310 . 인권옹호직무방해죄 / 1310
. 공무상 봉인 등 표시무효죄 / 1310 . 공무상 비밀침해죄 / 1314
. 부동산강제집행효용침해죄 / 1314 . 공용서류 등 무효죄 / 1315
. 공용물파괴죄 / 1317 . 공무상 보관물무효죄 / 1318
. 특수공무방해죄·특수공무방해치사상죄 / 1318
제3절 도주와 범인은닉의 죄····················································································· 1322
. 총 설 / 1322 . 도주죄 / 1322
. 집합명령위반죄 / 1323 . 특수도주죄 / 1323
. 도주원조죄 / 1324 . 간수자도주원조죄 / 1324
. 범인은닉죄 / 1324
제4절 위증과 증거인멸의 죄····················································································· 1333
. 총 설 / 1333 . 위증죄 / 1333
. 모해위증죄 / 1341 . 허위감정·통역·번역죄 / 1342
. 증거인멸죄 / 1342 . 증인은닉·도피죄 / 1347
. 모해증거인멸죄 / 1348
제5절 무고의 죄··········································································································· 1349
. 총 설 / 1349 . 무고죄 / 1349