2018 신체계 판례형법

刑法總論

제1편 형법의 기본개념
제1절 죄형법정주의 ·················································································································· 5
제2절 형법의 적용범위 ········································································································ 48
제1항 시간적 적용범위 ······························································································ 48
제2항 장소적 적용범위 ······························································································ 64

제2편 범 죄 론

제1장 범죄의 기본개념 ············································································································· 73
제1절 범죄의 의의와 종류 ·································································································· 73
제2절 행위의 주체 ·················································································································· 75

제2장 구성요건 ······························································································································ 87
제1절 부작위범 ························································································································· 87
제2절 인과관계와 객관적 귀속 ······················································································ 100
제3절 구성요건적 고의 ······································································································· 109
제4절 사실의 착오(구성요건적 착오) ·········································································· 117
제5절 과 실 범 ······················································································································· 120
제6절 결과적 가중범 ··········································································································· 143

제3장 위법성 ································································································································· 154
제1절 정당방위 ······················································································································· 154
제2절 긴급피난 ······················································································································· 167
제3절 자구행위 ······················································································································· 170
제4절 피해자 승낙 ················································································································ 172
제5절 정당행위 ······················································································································· 175

제4장 책 임 론 ···························································································································· 207
제1절 책임능력 ······················································································································· 207
제2절 위법성의 인식과 금지착오 ·················································································· 214
제3절 기대가능성 ·················································································································· 224

제5장 미 수 론 ···························································································································· 230
제1절 장애미수 ······················································································································· 230
제2절 중지미수 ······················································································································ 240
제3절 불능미수 ······················································································································ 245
제4절 예 비 죄 ······················································································································· 251

제6장 공 범 론 ···························································································································· 255
제1절 공범이론 ······················································································································· 255
제2절 간접정범 ······················································································································· 261
제3절 공동정범 ······················································································································ 266
제4절 교 사 범 ······················································································································ 287
제5절 종 범 ······························································································································ 295
제6절 공범과 신분 ··············································································································· 302

제7장 죄 수 론 ···························································································································· 309
제1절 죄수의 일반이론 ······································································································· 309
제2절 일 죄 ································································································································312
제3절 수 죄 ····························································································································· 339

제3편 형 벌 론
제1절 형벌의 종류 ················································································································ 371
제2절 형의 양정 ···················································································································· 386
제3절 누 범 ····························································································································· 394
제4절 집행유예·선고유예·가석방 ············································································ 398
제5절 형의 시효·소멸·기간 ························································································ 409
제6절 보안처분 ·······································································································410

刑法各論

제1편 개인적 법익에 관한 죄

제1장 생명과 신체에 관한 죄 ···························································································· 417
제1절 살인의 죄 ····················································································································· 417
제2절 상해와 폭행의 죄 ···································································································· 424
제3절 과실치사상의 죄 ······································································································ 438
제4절 낙태의 죄 ···················································································································· 449
제5절 유기와 학대의 죄 ···································································································· 452

제2장 자유에 관한 죄 ············································································································· 455
제1절 협 박 죄 ······················································································································· 455
제2절 체포와 감금의 죄 ···································································································· 463
제3절 약취, 유인과 인신매매의 죄 ············································································· 468
제4절 강 요 죄 ······················································································································ 472
제5절 강간과 추행의 죄 ···································································································· 476

제3장 명예와 신용에 관한 죄 ·························································································· 500
제1절 명예에 관한 죄 ········································································································· 500
제2절 신용·업무와 경매에 관한 죄 ·········································································· 535

제4장 사생활의 평온에 관한 죄 ····················································································· 570
제1절 비밀침해죄 ·················································································································· 570
제2절 주거침입죄 ·················································································································· 572

제5장 재산에 관한 죄 ············································································································· 586
제1절 절도의 죄 ····················································································································· 586
제2절 강도의 죄 ···················································································································· 622
제3절 사기의 죄 ···················································································································· 643
제4절 공갈의 죄 ····················································································································· 719
제5절 횡령의 죄 ···················································································································· 727
제6절 배임의 죄 ···················································································································· 779
제7절 장물의 죄 ···················································································································· 855
제8절 손괴의 죄 ···················································································································· 865
제9절 권리행사방해의 죄 ·································································································· 876

제2편 사회적 법익에 관한 죄

제1장 공공의 안전과 평온에 관한 죄 ·········································································· 895
제1절 공안을 해하는 죄 ···································································································· 895
제2절 폭발물에 관한 죄 ···································································································· 897
제3절 방화와 실화의 죄 ···································································································· 898
제4절 일수와 수리에 관한 죄 ························································································ 903
제5절 교통방해죄 ·················································································································· 904

제2장 공공의 신용에 관한 죄 ··························································································· 910
제1절 통화에 관한 죄 ········································································································· 910
제2절 유가증권·인지와 우표에 관한 죄 ································································· 913
제3절 문서에 관한 죄 ········································································································ 924
제4절 인장에 관한 죄 ········································································································ 985

제3장 공중의 건강에 관한 죄 ··························································································· 988

제4장 사회의 도덕에 관한 죄 ··························································································· 989
제1절 성풍속에 관한 죄 ···································································································· 989
제2절 도박과 복표 관한 죄 ····························································································· 995
제3절 신앙에 관한 죄 ······································································································· 1001

제3편 국가적 법익에 관한 죄

제1장 국가의 존립과 권위에 관한 죄 ········································································ 1005
제1절 내란의 죄 ··················································································································· 1005
제2절 외환의 죄 ··················································································································· 1010
제3절 국기와 국교에 관한 죄 ······················································································· 1012

제2장 국가의 기능에 관한 죄 ························································································· 1013
제1절 공무원의 직무에 관한 죄 ··················································································· 1013
제2절 공무방해에 관한 죄 ····························································································· 1067
제3절 도주와 범인은닉의 죄 ························································································· 1099
제4절 위증과 증거인멸의 죄 ························································································· 1108
제5절 무고의 죄 ··················································································································· 1124

[판례색인] ······································································································································ 1139