2020 송헌철 형법 - 전2권

총론

제1편 총설
제1절 형법의 기본개념 ········································· 8
제2절 형법의 발전 ············································· 12
제3절 죄형법정주의 ··········································· 12
제4절 형법의 적용범위 ······································ 65
제5절 형법이론 ·················································· 88
제6절 범죄체계론 ··············································· 90

제2편 범죄론
제1장 범죄의 기본개념 / 92
제1절 범죄의 의의와 종류 ·································· 92
제2절 행위론 ···················································· 102
제2장 구성요건론 / 105
제1절 구성요건이론 ·········································· 105
제2절 행위의 주체 ··········································· 109
제3절 행위의 객체와 보호의 객체 ··················· 117
제4절 결과반가치와 행위반가치 ······················ 118
제5절 부작위범 ················································ 121
제6절 인과관계와 객관적 귀속 ························ 136
제7절 구성요건적 고의 ···································· 147
제8절 구성요건적 착오 ···································· 160
제9절 과실범 ···················································· 170
제10절 결과적 가중범 ······································ 191
제3장 위법성론 / 204
제1절 위법성의 이론 ········································ 204
제2절 정당방위 ················································ 210
제3절 긴급피난 ················································ 227
제4절 자구행위 ················································ 236
제5절 피해자의 승낙 ········································ 242
제6절 정당행위 ················································ 252
제4장 책임론 / 283
제1절 책임이론 ················································· 283
제2절 책임능력 ················································ 287
제3절 원인에 있어서 자유로운 행위 ··············· 294
제4절 위법성의 인식 ········································ 299
제5절 법률의 착오(금지착오) ··························· 302
제6절 기대가능성 ············································ 321
제7절 강요된 행위 ··········································· 327
제5장 미수론 / 331
제1절 미수범의 일반이론 ································· 331
제2절 장애미수 ················································ 333
제3절 중지미수 ················································ 346
제4절 불능미수 ················································ 356
제5절 예비죄 ···················································· 363
제6장 공범론 / 370
제1절 공범이론 ················································· 370
제2절 정범과 공범 ··········································· 375
제3절 간접정범 ················································ 380
제4절 공동정범 ················································ 391
제5절 동시범 ···················································· 416
제6절 교사범 ···················································· 423
제7절 종범 ························································ 432
제8절 공범과 신분 ··········································· 440
제7장 죄수론 / 449
제1절 죄수이론 ················································· 449
제2절 일죄 ······················································· 454
제3절 수죄 ······················································· 485
제3편 형벌과 보안처분
제1장 형벌론 / 510
제1절 형벌의 의의와 종류 ································ 510
제2절 형의 양정 ··············································· 532
제3절 누범 ······················································· 544
제4절 선고유예 ················································ 550
제5절 집행유예 ················································ 554
제6절 가석방 ···················································· 561
제7절 형의 시효·소멸·기간 ····························· 564
제2장 보안처분 / 569
판례색인 / 577

각론

제1편 개인적 법익에 대한 죄
제1장 생명과 신체에 대한 죄 / 8
제1절 살인의 죄 ··················································· 8
제2절 상해와 폭행의 죄 ····································· 21
제3절 과실치사상의 죄 ······································ 37
제4절 낙태의 죄 ················································· 50
제5절 유기와 학대의 죄 ····································· 57
제2장 자유에 대한 죄 / 65
제1절 협박의 죄 ················································· 65
제2절 강요의 죄 ················································· 73
제3절 체포와 감금의 죄 ····································· 80
제4절 약취, 유인 및 인신매매의 죄 ··················· 87
제5절 강간과 추행의 죄 ····································· 96
제3장 명예와 신용에 대한 죄 / 125
제1절 명예에 관한 죄 ······································· 125
제2절 신용·업무와 경매에 관한 죄 ················· 158
제4장 사생활의 평온에 대한 죄 / 188
제1절 비밀침해의 죄 ········································ 188
제2절 주거침입의 죄 ········································ 192
제5장 재산에 대한 죄 / 207
제1절 재산죄의 기초이론 ································· 207
제2절 절도의 죄 ··············································· 237
제3절 강도의 죄 ··············································· 250
제4절 사기의 죄 ··············································· 277
제5절 사기죄의 기망행위 ································ 306
제6절 사기죄의 처분행위 ································ 322
제7절 사기죄에 있어서 재산상 손해 ················ 331
제8절 소송사기 ················································ 335
제9절 신용카드 관련범죄 ································ 345
제10절 공갈의 죄 ············································· 355
제11절 횡령의 죄 ·············································· 365
제12절 횡령죄와 배임죄의 관계 ······················· 398
제13절 부동산명의신탁과 횡령죄의 성부 ········ 407
제14절 불법원인급여와 재산죄 ························ 412
제15절 배임의 죄 ············································· 416
제16절 이중저당과 이중매매의 형사책임 ········ 471
제17절 장물의 죄 ·············································· 479
제18절 형법상 장물의 개념 ······························ 488
제19절 손괴의 죄 ············································· 494
제20절 권리행사를 방해하는 죄 ······················ 505

제2편 사회적 법익에 대한 죄
제1장 공공의 안전과 평온에 대한 죄 / 522
제1절 공안을 해하는 죄 ··································· 522
제2절 폭발물에 관한 죄 ··································· 528
제3절 방화와 실화의 죄 ··································· 530
제4절 일수와 수리에 관한 죄 ·························· 540
제5절 교통방해의 죄 ········································ 543
제2장 공공의 신용에 대한 죄 / 549
제1절 통화에 관한 죄 ······································· 549
제2절 유가증권·인지와 우표에 관한 죄 ·········· 556
제3절 문서죄 총설 ··········································· 570
제4절 문서에 관한 죄 ······································ 591
제5절 인장에 관한 죄 ······································ 627
제3장 공중의 건강에 대한 죄 / 632
제1절 음용수에 관한 죄 ··································· 632
제2절 아편에 관한 죄 ······································ 634
제4장 사회의 도덕에 대한 죄 / 636
제1절 성풍속에 관한 죄 ··································· 636
제2절 도박과 복표에 관한 죄 ·························· 644
제3절 신앙에 관한 죄 ······································ 650

제3편 국가적 법익에 대한 죄
제1장 국가의 존립과 권위에 대한 죄 / 654
제1절 내란의 죄 ··············································· 654
제2절 외환의 죄 ··············································· 659
제3절 국기에 관한 죄 ······································ 665
제4절 국교에 관한 죄 ······································ 666
제2장 국가의 기능에 대한 죄 / 668
제1절 공무원의 직무에 관한 죄 ······················· 668
제2절 뇌물관련범죄 ········································· 685
제3절 공무방해에 관한 죄 ······························· 715
제4절 도주와 범인은닉의 죄 ··························· 746
제5절 위증과 증거인멸의 죄 ··························· 757
제6절 무고의 죄 ··············································· 772
판례색인 / 785