2021 송헌철 형법 - 전2권

총론

제1편 총설
제1절 형법의 기본개념 ······································· 10
제2절 형법의 발전 ············································· 14
제3절 죄형법정주의 ··········································· 14
제4절 형법의 적용범위 ······································ 70
제5절 형법이론 ·················································· 93
제6절 범죄체계론 ··············································· 95
제2편 범죄론
제1장 범죄의 기본개념 / 98
제1절 범죄의 의의와 종류 ·································· 98
제2절 행위론 ···················································· 108
제2장 구성요건론 / 111
제1절 구성요건이론 ·········································· 111
제2절 행위의 주체 ··········································· 115
제3절 행위의 객체와 보호의 객체 ··················· 124
제4절 결과반가치와 행위반가치 ······················ 125
제5절 부작위범 ················································ 128
제6절 인과관계와 객관적 귀속 ························ 144
제7절 구성요건적 고의 ···································· 155
제8절 구성요건적 착오 ···································· 168
제9절 과실범 ···················································· 178
제10절 결과적 가중범 ······································ 199
제3장 위법성론 / 212
제1절 위법성의 이론 ········································ 212
제2절 정당방위 ················································ 218
제3절 긴급피난 ················································ 235
제4절 자구행위 ················································ 244
제5절 피해자의 승낙 ········································ 250
제6절 정당행위 ················································ 260
제4장 책임론 / 293
제1절 책임이론 ················································· 293
제2절 책임능력 ················································ 297
제3절 원인에 있어서 자유로운 행위 ··············· 304
제4절 위법성의 인식 ········································ 309
제5절 법률의 착오(금지착오) ··························· 312
제6절 기대가능성 ············································ 331
제7절 강요된 행위 ··········································· 337
제5장 미수론 / 341
제1절 미수범의 일반이론 ································· 341
제2절 장애미수 ················································ 343
제3절 중지미수 ················································ 355
제4절 불능미수 ················································ 365
제5절 예비죄 ···················································· 372
제6장 공범론 / 379
제1절 공범이론 ················································· 379
제2절 정범과 공범 ··········································· 385
제3절 간접정범 ················································ 390
제4절 공동정범 ················································ 401
제5절 동시범 ···················································· 426
제6절 교사범 ···················································· 433
제7절 종범 ························································ 442
제8절 공범과 신분 ··········································· 450
제7장 죄수론 / 459
제1절 죄수이론 ················································· 459
제2절 일죄 ······················································· 464
제3절 수죄 ······················································· 496
제3편 형벌과 보안처분
제1장 형벌론 / 520
제1절 형벌의 의의와 종류 ································ 520
제2절 형의 양정 ··············································· 543
제3절 누범 ······················································· 555
제4절 선고유예 ················································ 561
제5절 집행유예 ················································ 565
제6절 가석방 ···················································· 572
제7절 형의 시효·소멸·기간 ····························· 575
제2장 보안처분 / 580
판례색인 / 587

각론

제1편 개인적 법익에 대한 죄
제1장 생명과 신체에 대한 죄 / 10
제1절 살인의 죄 ················································· 10
제2절 상해와 폭행의 죄 ····································· 23
제3절 과실치사상의 죄 ······································ 39
제4절 낙태의 죄 ················································· 52
제5절 유기와 학대의 죄 ····································· 59
제2장 자유에 대한 죄 / 67
제1절 협박의 죄 ················································· 67
제2절 강요의 죄 ················································· 75
제3절 체포와 감금의 죄 ····································· 82
제4절 약취, 유인 및 인신매매의 죄 ··················· 89
제5절 강간과 추행의 죄 ····································· 98
제3장 명예와 신용에 대한 죄 / 130
제1절 명예에 관한 죄 ······································· 130
제2절 신용·업무와 경매에 관한 죄 ················· 163
제4장 사생활의 평온에 대한 죄 / 194
제1절 비밀침해의 죄 ········································ 194
제2절 주거침입의 죄 ········································ 198
제5장 재산에 대한 죄 / 213
제1절 재산죄의 기초이론 ································· 213
제2절 절도의 죄 ··············································· 243
제3절 강도의 죄 ··············································· 256
제4절 사기의 죄 ··············································· 283
제5절 사기죄의 기망행위 ································ 312
제6절 사기죄의 처분행위 ································ 328
제7절 사기죄에 있어서 재산상 손해 ················ 337
제8절 소송사기 ················································ 341
제9절 신용카드 관련범죄 ································ 351
제10절 공갈의 죄 ············································· 361
제11절 횡령의 죄 ·············································· 371
제12절 횡령죄와 배임죄의 관계 ······················· 406
제13절 부동산명의신탁과 횡령죄의 성부 ········ 415
제14절 불법원인급여와 재산죄 ························ 420
제15절 배임의 죄 ············································· 424
제16절 이중저당과 이중매매의 형사책임 ········ 482
제17절 장물의 죄 ·············································· 490
제18절 형법상 장물의 개념 ······························ 499
제19절 손괴의 죄 ············································· 505
제20절 권리행사를 방해하는 죄 ······················ 516
제2편 사회적 법익에 대한 죄
제1장 공공의 안전과 평온에 대한 죄 / 532
제1절 공안을 해하는 죄 ··································· 532
제2절 폭발물에 관한 죄 ··································· 538
제3절 방화와 실화의 죄 ··································· 540
제4절 일수와 수리에 관한 죄 ·························· 550
제5절 교통방해의 죄 ········································ 553
제2장 공공의 신용에 대한 죄 / 559
제1절 통화에 관한 죄 ······································· 559
제2절 유가증권·인지와 우표에 관한 죄 ·········· 566
제3절 문서죄 총설 ··········································· 580
제4절 문서에 관한 죄 ······································ 601
제5절 인장에 관한 죄 ······································ 640
제3장 공중의 건강에 대한 죄 / 645
제1절 음용수에 관한 죄 ··································· 645
제2절 아편에 관한 죄 ······································ 647
제4장 사회의 도덕에 대한 죄 / 649
제1절 성풍속에 관한 죄 ··································· 649
제2절 도박과 복표에 관한 죄 ·························· 658
제3절 신앙에 관한 죄 ······································ 664
제3편 국가적 법익에 대한 죄
제1장 국가의 존립과 권위에 대한 죄 / 668
제1절 내란의 죄 ··············································· 668
제2절 외환의 죄 ··············································· 673
제3절 국기에 관한 죄 ······································ 679
제4절 국교에 관한 죄 ······································ 680
제2장 국가의 기능에 대한 죄 / 682
제1절 공무원의 직무에 관한 죄 ······················· 682
제2절 뇌물관련범죄 ········································· 701
제3절 공무방해에 관한 죄 ······························· 732
제4절 도주와 범인은닉의 죄 ··························· 764
제5절 위증과 증거인멸의 죄 ··························· 775
제6절 무고의 죄 ··············································· 790
판례색인 / 803