2020 로스쿨 신체계 형법강의

총 론
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··································································································· 48
. 시간적 적용범위 / 48 . 장소적 적용범위 / 64
. 인적 적용범위 / 72
제2절 형법이론················································································································· 73
. 형벌이론 / 73 . 범죄이론 / 74
. 형법학파의 대립 / 76
제2편 범죄론
제1장 범죄의 기본개념
제1절 범죄의 의의와 종류····························································································· 79
. 범죄의 의의 / 79 . 범죄의 성립요건·처벌조건·소추조건 / 79
. 범죄의 종류 / 83
제2절 행위론····················································································································· 89
. 서 론 / 89 . 행위론의 내용 / 90
. 형법상 행위의 최소한의 요건 / 91
제3절 범죄체계론············································································································· 92
제4절 행위의 주체와 객체····························································································· 94
. 행위의 주체 / 94 . 행위의 객체와 보호의 객체 / 104
ix
제2장 구성요건
제1절 구성요건이론······················································································································ 105
. 구성요건의 의의 / 105 . 구성요건과 위법성과의 관계 / 105
. 구성요건의 유형 / 107 . 구성요건의 요소 / 108
제2절 결과반가치와 행위반가치················································································· 110
. 결과반가치와 행위반가치의 의의 / 110
. 결과반가치론과 행위반가치론 / 110
. 결과반가치와 행위반가치의 내용 / 112
제3절 부작위범··············································································································· 113
. 부작위의 본질 / 113 . 부작위범의 구조 / 116
. 부진정부작위범의 특유한 구성요건 / 119 . 관련문제 / 131
제4절 인과관계와 객관적 귀속··················································································· 135
. 서 론 / 135 . 인과관계의 유형 / 135
. 인과관계 판단에 관한 학설 / 137 . 객관적 귀속이론 / 146
제5절 구성요건적 고의································································································· 153
. 서 론 / 153 . 고의의 본질 / 154
. 고의의 내용 / 155 . 고의의 종류 / 157
제6절 구성요건적 착오································································································· 163
. 서 론 / 163
. 기본적 구성요건의 착오의 인정여부(A1을 해결함) / 164
. 구성요건적 착오(A3)의 해결 / 165
. 제15조 제1항의 규율 밖에 있는 착오사례의 해결 / 167
. 인과관계(과정)의 착오 / 178
제7절 과 실····················································································································· 184
. 서 론 / 184 . 과실범의 구성요건 / 189
. 과실범의 위법성과 책임 / 199 . 객관적 주의의무의 제한원리 / 200
. 관련문제 / 208
제8절 결과적 가중범····································································································· 209
. 서 론 / 209 . 결과적 가중범의 종류 / 209
. 결과적 가중범의 성립요건 / 214 . 관련문제 / 219
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제3장 위법성
제1절 위법성의 이론····································································································· 226
. 위법성의 의의 / 226 . 위법성의 본질 / 227
. 위법성 판단 / 227 . 위법성조각사유(정당화사유) / 228
. 주관적 정당화요소 / 229
제2절 정당방위··············································································································· 234
. 정당방위의 의의 / 234 . 정당방위의 성립요건 / 234
. 과잉방위와 오상방위 /248
제3절 긴급피난··············································································································· 253
. 긴급피난의 의의와 본질 / 253 . 긴급피난의 성립요건 / 254
. 긴급피난의 특칙 / 259 . 과잉피난과 오상피난 / 259
. 의무의 충돌 / 260
제4절 자구행위··············································································································· 262
. 자구행위의 의의 / 262 . 자구행위의 성립요건 / 262
. 과잉자구행위와 오상자구행위 / 266
제5절 피해자의 승낙····································································································· 267
. 서 론 / 267 . 양 해 / 268
. 피해자의 승낙 / 270 . 추정적 승낙 / 274
제6절 정당행위··············································································································· 276
. 서 론 / 276 . 법령에 의한 행위 / 276
. 업무로 인한 행위 / 286 . 사회상규에 위배되지 않는 행위 / 290
제4장 책임론
제1절 책임이론··············································································································· 302
. 책임의 의의 / 302 . 책임의 근거 / 303
. 책임의 본질 / 303
제2절 책임능력··············································································································· 305
. 책임능력의 의의 / 305 . 책임무능력자 / 306
. 한정책임능력자 / 311 . 원인에 있어서 자유로운 행위 / 313
제3절 위법성의 인식····································································································· 319
. 위법성의 인식의 의의 / 319 . 위법성의 인식의 체계적 지위 / 320
xi
제4절 법률의 착오········································································································· 322
. 법률의 착오의 의의와 태양 / 322 . 형법 제16조와 정당한 이유 / 325
. 위법성조각사유의 전제사실의 착오 / 332
제5절 기대가능성··········································································································· 336
. 서 론 / 336 . 기대가능성의 체계적 지위 / 336
. 기대가능성이론의 기능 / 337 . 기대가능성의 판단기준 / 337
. 기대가능성에 대한 착오 / 339 . 기대불가능성으로 인한 책임조각사유 / 340
. 강요된 행위 / 340
제5장 미수론
제1절 미수범의 일반이론····························································································· 344
제2절 장애미수··············································································································· 347
. 의 의 / 347 . 장애미수의 성립요건 / 347
. 장애미수의 처벌 / 355
제3절 중지미수··············································································································· 356
. 서 론 / 356 . 중지미수의 성립요건 / 357
. 중지미수의 처벌 / 363 . 관련문제 / 364
제4절 불능미수··············································································································· 366
. 불능미수의 의의 / 366 . 불능미수의 성립요건 / 367
. 불능미수의 처벌 / 374 . 관련문제 / 374
제5절 예비죄··················································································································· 375
. 서 설 / 375 . 예비죄의 법적 성격 / 375
. 예비죄의 성립요건 / 376 . 관련문제 / 379
제6장 공범론
제1절 공범이론··············································································································· 382
. 서 설 / 382 . 정범과 공범의 구별 / 388
. 공범의 종속성과 처벌의 근거 / 390
제2절 간접정범··············································································································· 393
. 간접정범의 의의 / 393 . 간접정범의 성립요건 / 394
. 간접정범의 처벌 / 397 . 관련문제 / 397
. 특수교사·방조 / 400
xii
제3절 공동정범··············································································································· 401
. 공동정범의 의의와 본질 / 401 . 공동정범의 성립요건 / 402
. 공동정범의 처벌 / 418 . 공동정범과 신분범 및 착오 / 420
. 동시범 / 420
제4절 교사범··················································································································· 425
. 교사범의 의의 / 425 . 교사범의 성립요건 / 425
. 교사의 착오 / 430 . 교사범의 처벌 / 432
. 관련문제 / 432
제5절 종 범····················································································································· 434
. 종범의 의의 / 434 . 종범의 성립요건 / 434
. 종범의 착오 / 439 . 종범의 처벌 / 440
. 관련문제 / 440
제6절 공범과 신분········································································································· 442
. 공범과 신분의 의의 / 442 . 신분범의 의의와 종류 / 442
. 형법 제33조의 해석론 / 443 . 소극적 신분과 공범 / 450
제7장 죄수론
제1절 죄수이론··············································································································· 452
. 죄수론의 의의 / 452 . 죄수결정의 기준 / 452
. 수죄의 처벌 / 454
제2절 일 죄····················································································································· 455
. 서 론 / 455 . 법조경합 / 455
. 포괄일죄 / 466
제3절 수 죄····················································································································· 478
. 상상적 경합 / 478 . 실체적 경합 / 486
xiii
제3편 형벌론
제1장 형 벌
제1절 형벌의 종류········································································································· 501
. 형벌의 의의와 종류 / 501 . 사 형 / 501
. 자유형 / 503 . 재산형 / 504
. 명예형 / 517 . 형의 경중 / 518
제2절 형의 양정············································································································· 519
. 의 의 /519 . 형의 양정의 단계 / 519
. 형의 가중·감경·면제 / 520 . 양 형 / 526
. 판결선고전 구금 및 판결의 공시 / 527
제3절 누 범····················································································································· 530
. 서 론 / 530 . 누범가중의 요건 / 531
. 누범의 효과 / 534 . 판결선고후의 누범발각 / 534
제4절 집행유예·선고유예·가석방············································································ 535
. 집행유예 / 535 . 선고유예 / 543
. 가석방 / 547
제5절 형의 시효·소멸·기간······················································································ 551
. 형의 시효 / 551 . 형의 소멸 등 / 552
. 형의 기간 / 554
제2장 보안처분
. 서 론 / 555 . 보안처분의 정당화 조건 / 555
. 형벌과 보안처분의 관계 / 556 . 보안처분의 종류 / 557
. 현행법상의 보안처분 / 557
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 -1. 특수상해죄 / 587
. 상해치사죄·존속상해치사죄 / 587 . 상해의 동시범특례 / 587
. 폭행죄 / 588 . 존속폭행죄 / 592
. 특수폭행죄 / 592 . 폭행치사상죄 / 597
. 상습상해·폭행죄 / 598
제3절 과실치사상의 죄································································································· 599
. 총 설 / 599 . 과실치상죄 / 599
. 과실치사죄 / 599 . 업무상과실·중과실치사상죄 / 601
제4절 낙태의 죄············································································································· 611
. 총 설 / 611 . 자기낙태죄 / 612
. 동의낙태죄 / 614 . 업무상동의낙태죄 / 614
. 부동의낙태죄 / 615 . 낙태치사상죄 / 616
제5절 유기와 학대의 죄······························································································· 617
. 총 설 / 617 . 유기죄 / 617
. 존속유기죄 / 621 . 중유기죄·존속중유기죄 / 622
. 영아유기죄 / 622 . 학대죄 / 622
. 존속학대죄 / 624 . 아동혹사죄 / 624
. 유기치사상죄 / 625
xv
제2장 자유에 대한 죄
제1절 협박의 죄············································································································· 626
. 총 설 / 626 . 협박죄 / 626
. 존속협박죄 / 633 . 특수협박죄 / 633
. 상습협박죄 / 634
제2절 강요의 죄············································································································· 635
. 총 설 / 635 . 강요죄 / 635
- . 특수강요죄 / 640 . 중강요죄 / 640
. 인질강요죄 / 641 . 인질상해·치상죄 / 643
. 인질살해·치사죄 / 643
제3절 체포와 감금의 죄······························································································· 644
. 총 설 / 644 . 체포·감금죄 / 644
. 존속체포·감금죄 / 648 . 중체포·감금죄, 존속중체포·감금죄 / 648
. 특수체포·감금죄 / 648 . 상습체포·감금죄 / 649
. 체포·감금치사상죄 / 649
제4절 약취, 유인 및 인신매매의 죄·········································································· 650
. 총 설 / 650
. 미성년자 약취·유인죄 / 650
. 추행·간음·결혼·영리목적 약취·유인죄 / 654
. 노동력 착취·성매와 성적 착취·결혼·장기적출 목적 약취·유인죄 / 656
. 국외이송목적 약취·유인죄 및 피약취·유인자 국외이송죄 / 657
. 인신매매죄 / 657
. 추행·간음·결혼·영리목적 인신매매죄 / 658
. 노동력 착취·성매와 성적 착취·결혼·장기적출 목적 인신매매죄 / 659
. 국외이송목적 인신매매죄 및 피매매자 국외이송죄 / 659
. 약취, 유인, 매매, 이송 등 상해·치상죄 / 659
. 약취, 유인, 매매, 이송 등 살해·치사죄 / 660
. 피약취·유인·매매·국외이송자 수수·은닉 등 죄 / 660
제5절 강간과 추행의 죄······························································································· 661
. 총 설 / 661 . 강간죄 / 661
. 유사강간죄 / 665 . 강제추행죄 / 666
. 준강간죄·준유사강간죄·준강제추행죄 / 669 . 미성년자의제강간·강제추행죄 / 671
. 강간 등 상해·치상죄 / 673 . 강간 등 살인·치사죄 / 676
. 미성년자·심신미약자 간음·추행죄 / 677 . 업무상위력 등에 위한 간음죄 / 679
. 피구금자간음죄 / 681 . 상습강간등죄 / 682
. 성범죄에 대한 특별형법 / 682
xvi
제3장 명예와 신용에 대한 죄
제1절 명예에 관한 죄··································································································· 693
. 총 설 / 693 . 명예훼손죄 / 697
. 사자의 명예훼손죄 / 716 . 출판물에 의한 명예훼손죄 / 718
. 모욕죄 / 722
제2절 신용·업무와 경매에 관한 죄·········································································· 728
. 총 설 / 728 . 신용훼손죄 / 728
. 업무방해죄 / 731 . 컴퓨터 업무방해죄 / 751
. 경매·입찰방해죄 / 755
제4장 사생활의 평온에 대한 죄
제1절 비밀침해의 죄····································································································· 760
. 총 설 / 760 . 비밀침해죄 / 760
. 업무상 비밀누설죄 / 763
제2절 주거침입의 죄····································································································· 765
. 총 설 / 765 . 주거침입죄 / 766
. 퇴거불응죄 / 778 . 특수주거침입죄 / 779
. 주거·신체수색죄 / 780
제5장 재산에 대한 죄
제1절 재산죄의 기본개념····························································································· 781
. 재산죄의 분류 / 781 . 재산죄의 객체 / 781
. 형법상의 점유 / 787 . 불법영득의사 / 795
. 친족상도례 / 804
제2절 절도의 죄············································································································· 811
. 총 설 / 811 . 절도죄 / 811
. 야간주거침입절도죄 / 818 . 특수절도죄 / 822
. 자동차 등 불법사용죄 / 828 . 상습절도죄 / 830
제3절 강도의 죄············································································································· 832
. 총 설 / 832 . 강도죄 / 832
. 특수강도죄 / 839 . 준강도죄·준특수강도죄 / 840
. 인질강도죄 / 849 . 강도상해·치상죄 / 850
xvii
. 강도살인·치사죄 / 853 . 강도강간죄 / 856
. 해상강도죄, 해상강도상해·치상·살인·치사·강간죄 / 856
. 상습강도죄 / 857
. 강도예비·음모죄 / 858
제4절 사기의 죄············································································································· 860
. 총 설 / 860 . 사기죄 / 861
. 컴퓨터 등 사용사기죄 / 910 . 준사기죄 / 915
. 편의시설부정이용죄 / 916 . 부당이득죄 / 918
. 상습사기죄 / 919 . 신용카드와 관련한 범죄 / 920
제5절 공갈의 죄············································································································· 927
. 총 설 / 927 . 공갈죄 / 927
- . 특수공갈죄 / 935 . 상습공갈죄 / 935
제6절 횡령의 죄············································································································· 936
. 총 설 / 936 . 횡령죄 / 936
. 업무상횡령죄 / 986 . 점유이탈물횡령죄 / 988
제7절 배임의 죄············································································································· 989
. 총 설 / 989 . 배임죄 / 990
. 업무상배임죄 / 1035 . 배임수재죄 / 1036
. 배임증재죄 / 1046
제8절 장물의 죄··········································································································· 1049
. 총 설 / 1049 . 장물죄 / 1051
. 상습장물죄 / 1060 . 업무상과실·중과실 장물죄 / 1060
제9절 손괴의 죄··········································································································· 1062
. 총 설 / 1062 . 재물손괴죄 / 1062
. 공익건조물파괴죄 / 1069 . 중손괴죄·손괴치사상죄 / 1069
. 특수손괴죄 / 1070 . 경계침범죄 / 1071
제10절 권리행사를 방해하는 죄··············································································· 1073
. 총 설 / 1073 . 권리행사방해죄 / 1073
. 점유강취죄 / 1079 . 준점유강취죄 / 1079
. 중권리행사방해죄 / 1079 . 강제집행면탈죄 / 1079
xviii
제2편 사회적 법익에 관한 죄
제1장 공공의 안전과 평온에 대한 죄
제1절 공안을 해하는 죄····························································································· 1093
. 총 설 / 1093 . 범죄단체 등의 조직죄 / 1093
. 소요죄 / 1096 . 다중불해산죄 / 1098
. 전시공수계약불이행죄 / 1098 . 공무원자격사칭죄 / 1099
제2절 폭발물에 관한 죄····························································································· 1100
. 총 설 / 1100 . 폭발물사용죄 / 1100
. 전시폭발물사용죄 / 1101 . 폭발물사용 예비·음모·선동죄 / 1101
. 전시폭발물 제조·수입·수출·수수·소지죄 / 1101
제3절 방화와 실화의 죄····························································································· 1102
. 총 설 / 1102 . 현주건조물 등 방화죄 / 1104
. 현주건조물 등 방화치사상죄 / 1107 . 공용건조물 등 방화죄 / 1107
. 일반건조물 등 방화죄 / 1108 . 일반물건방화죄 / 1108
. 연소죄 / 1110 . 진화방해죄 / 1110
. 폭발성물건파열죄와 폭발성물건파열치사상죄 / 1111
. 가스·전기 등 방류죄와 가스·전기 등 방류치사상죄 / 1111
. 가스·전기 등 공급방해죄와 가스·전기 등 공급방해치사상죄 / 11111
. 방화 등 예비·음모죄 / 1112
. 실화죄 / 1112
. 업무상실화·중실화죄 / 1112
. 과실폭발성물건파열 등 죄 / 1113
제4절 일수와 수리에 관한 죄··················································································· 1114
. 총 설 / 1114 . 현주건조물 등 일수죄 / 1114
. 현주건조물일수치사상죄 / 1114 . 공용건조물 등 일수죄 / 1115
. 일반건조물 등 일수죄 / 1115 . 방수방해죄 / 1115
. 과실일수죄 / 1116 . 일수예비·음모죄 / 1116
. 수리방해죄 / 1116
제5절 교통방해의 죄··································································································· 1118
. 총 설 / 1118 . 일반교통방해죄 / 1118
. 기차·선박 등 교통방해죄 / 1121 . 기차 등 전복죄 / 1121
. 교통방해치사상죄/ 1121
. 과실교통방해죄, 업무상과실·중과실 교통방해죄 / 1122
xix
제2장 공공의 신용에 대한 죄
제1절 통화에 관한 죄································································································· 1123
. 총 설 / 1123 . 내국통화 위조·변조죄 / 1123
. 내국유통 외국통화 위조·변조죄 / 1126 . 외국통용 외국통화 위조·변조죄 / 1127
. 위조·변조통화 행사 등 죄 / 1127 . 위조·변조통화 취득죄 / 1129
. 위조통화취득후지정행사죄 / 1129 . 통화유사물제조·수입·수출죄 / 1130
. 통화위조·변조 예비·음모죄 / 1130
제2절 유가증권·인지와 우표에 관한 죄································································ 1131
. 총 설 / 1131
. 유가증권 위조·변조죄 / 1134
. 기재의 위조·변조죄 / 1138
. 자격모용에 의한 유가증권작성죄 / 1139
. 허위유가증권작성죄 / 1140
. 위조 등 유가증권행사·수입·수출죄 / 1141
. 인지·우표 위조·변조죄 / 1143
. 위조·변조 인지·우표 행사·수입·수출죄 / 1143
. 위조·변조 인지·우표 취득죄 / 1143
. 소인말소죄 / 1144
. 인지·우표유사물제조·수입·수출죄 / 1144
. 예비·음모죄 / 1144
제3절 문서에 관한 죄································································································· 1145
. 총 설 / 1145 . 사문서위조·변조죄 / 1153
. 자격모용에 의한 사문서작성죄 / 1164 . 사전자기록 위작·변작죄 / 1167
. 공문서위조·변조죄 / 1168 . 자격모용에 의한 공문서작성죄 / 1172
. 공전자기록 위작·변작죄 / 1173 . 허위진단서 등 작성죄 / 1175
. 허위공문서작성죄 / 1177 . 공정증서원본 등 부실기재죄 / 1182
. 위조·변조·작성 사문서행사죄 / 1193 . 위조·변조 등 공문서행사죄 / 1196
. 사문서부정행사죄 / 1197 . 공문서부정행사죄 / 1198
제4절 인장에 관한 죄································································································· 1203
. 총 설 / 1203 . 사인 등 위조·부정사용죄 / 1203
. 위조사인 등 행사죄 / 1205 . 공인 등 위조·부정사용죄 / 1207
. 위조공인 등 행사죄 / 1207
xx
제3장 공중의 건강에 대한 죄
제1절 음용수에 관한 죄····························································································· 1208
. 총 설 / 1208 . 음용수사용방해죄 / 1208
. 음용수유해물혼입죄 / 1208 . 수도음용수사용방해죄 / 1208
. 수도음용수유해물혼입죄 / 1209 . 음용수혼독치사상죄 / 1209
. 수도불통죄 / 1209
제2절 아편에 관한 죄································································································· 1210
. 총 설 / 1210
. 아편흡식죄 / 1210
. 아편흡식장소제공죄 / 1210
. 아편 등 제조·수입·판매·판매목적소지죄 / 1211
. 아편흡식기 제조·수입·판매·판매목적소지죄 / 1211
. 세관공무원의 아편 등 수입·수입허용죄 / 1211
. 상습아편흡식·제조·수입·판매죄 / 1211
. 아편 등 소지죄 / 1211
제4장 사회의 도덕에 대한 죄
제1절 성풍속에 관한 죄····························································································· 1212
. 총 설 / 1212
. 음행매개죄 / 1212
. 음화 등 반포·판매·임대·공연전시죄 / 1213
. 음화 등 제조·소지·수입·수출죄 / 1217
. 공연음란죄 / 1217
제2절 도박과 복표에 관한 죄··················································································· 1219
. 총 설 / 1219 . 도박죄 / 1219
. 상습도박죄 / 1221 . 도박장소 등 개설죄 / 1222
. 복표발매·중개·취득죄 / 1225
제3절 신앙에 관한 죄································································································· 1226
. 총 설 / 1226 . 장례식 등 방해죄 / 1226
. 사체 등 오욕죄 / 1228 . 분묘발굴죄 / 1228
. 사체 등 손괴·유기·은닉·영득죄 / 1229
. 변사체검시방해죄 / 1230
xxi
제3편 국가적 법익에 관한 죄
제1장 국가의 존립과 권위에 대한 죄
제1절 내란의 죄··········································································································· 1233
. 총 설 / 1233 . 내란죄 / 1233
. 내란목적살인죄 / 1236 . 내란예비·음모·선동·선전죄 / 1236
제2절 외환의 죄··········································································································· 1240
. 총 설 / 1240 . 외환유치죄 / 1240
. 여적죄 / 1240 . 모병이적죄 / 1241
. 시설제공이적죄 / 1241 . 시설파괴이적죄 / 1241
. 물건제공이적죄 / 1242 . 일반이적죄 / 1242
. 간첩죄 / 1243 . 전시군수계약불이행죄 / 1246
. 외환예비·음모·선동·선전죄 / 1246
제3절 국기에 관한 죄································································································· 1247
. 총 설 / 1247 . 국기·국장모독죄 / 1247
. 국기·국장비방죄 / 1247
제4절 국교에 관한 죄································································································· 1248
. 총 설 / 1248 . 외국원수에 대한 폭행 등 죄 / 1248
. 외국사절에 대한 폭행 등 죄 / 1248 . 외국국기·국장모독죄 / 1249
. 외국에 대한 사전죄 / 1249 . 중립명령위반죄 / 1249
. 외교상 기밀누설죄 / 1249
제2장 국가의 기능에 대한 죄
제1절 공무원의 직무에 관한 죄··············································································· 1250
. 총 설 / 1250 . 직무유기죄 / 1251
. 피의사실공표죄 / 1258 . 공무상 비밀누설죄 / 1258
. 직권남용죄 / 1261 . 불법체포·감금죄 / 1267
. 폭행·가혹행위죄 / 1267 . 선거방해죄 / 1268
. 뇌물죄의 일반이론 / 1268 . 수뢰죄 / 1284
. 사전수뢰죄 / 1292 . 제3자 뇌물공여죄 / 1293
. 수뢰후부정처사죄 / 1296 . 부정처사후수뢰죄 / 1296
. 사후수뢰죄 / 1297 . 알선수뢰죄 / 1298
. 증뢰죄 / 1302
xxii
제2절 공무방해에 관한 죄························································································· 1305
. 총 설 / 1305 . 공무집행방해죄 / 1305
. 직무·사직강요죄 / 1316 . 위계에 의한 공무집행방해죄 / 1316
. 법정·국회회의장모욕죄 / 1324 . 인권옹호직무방해죄 / 1324
. 공무상 봉인 등 표시무효죄 / 1324 . 공무상 비밀침해죄 / 1328
. 부동산강제집행효용침해죄 / 1329 . 공용서류 등 무효죄 / 1329
. 공용물파괴죄 / 1332 . 공무상 보관물무효죄 / 1332
. 특수공무방해죄·특수공무방해치사상죄 / 1332
제3절 도주와 범인은닉의 죄····················································································· 1336
. 총 설 / 1336 . 도주죄 / 1336
. 집합명령위반죄 / 1337 . 특수도주죄 / 1337
. 도주원조죄 / 1338 . 간수자도주원조죄 / 1338
. 범인은닉죄 / 1339
제4절 위증과 증거인멸의 죄····················································································· 1348
. 총 설 / 1348 . 위증죄 / 1348
. 모해위증죄 / 1356 . 허위감정·통역·번역죄 / 1357
. 증거인멸죄 / 1357 . 증인은닉·도피죄 / 1362
. 모해증거인멸죄 / 1363
제5절 무고의 죄··········································································································· 1364
. 총 설 / 1364 . 무고죄 / 1364