2022 Master 형법총론 기본서

[형 법 총 론]

제1편 형법의 일반이론
제1장 형법의 기본개념
제1절 형법의 의의와 성격 ······················································································ 5
[1] 형법의 의의/ 5 [2] 형법의 성격/ 6
제2절 형법의 기능 ································································································ 7
[1] 규제적 기능/ 7 [2] 보호적 기능/ 7 [3] 보장적 기능/ 8
제3절 형법의 발전 ································································································· 9
제2장 형법의 기본원리
제1절 죄형법정주의 ····························································································· 10
[1] 죄형법정주의의 의의/ 10 [2] 죄형법정주의의 연혁과 사상적 배경/ 10
[3] 죄형법정주의의 현대적 의의/ 11 [4] 죄형법정주의의 내용/ 11
제2절 형법이론 ···································································································· 37
[1] 형법학파/ 37 [2] 형벌이론/ 38 [3] 범죄이론/ 40
제3장 형법의 적용범위
제1절 형법의 시간적 적용범위 ·············································································· 41
[1] 서 설/ 41 [2] 형법의 태도/ 41 [3] 한시법/ 52
제2절 형법의 장소적 적용범위 ··············································································· 57
[1] 서 설/ 57 [2] 형법의 태도/ 58
제3절 형법의 인적 적용범위 ·················································································· 64
[1] 의 의/ 64 [2] 예 외/ 64

제2편 범 죄 론
제1장 범죄론의 기초
제1절 범죄의 의의와 종류 ····················································································· 69
[1] 범죄의 의의와 본질/ 69 [2] 범죄의 성립요건·처벌조건·소추조건/ 70
[3] 범죄의 종류/ 72
제2절 행위론 ······································································································· 79
[1] 서 설/ 79 [2] 행위론의 종류/ 80
제3절 범죄체계론 ································································································· 83
[1] 범죄체계론의 의의/ 83 [2] 범죄체계론의 현황/ 83
제4절 행위의 주체와 객체 ····················································································· 84
[1] 행위의 주체/ 84 [2] 행위의 객체와 보호의 객체/ 91
제2장 구성요건론
제1절 구성요건의 일반이론 ··················································································· 92
[1] 구성요건의 의의/ 92 [2] 구성요건이론의 발전/ 92
[3] 구성요건과 위법성의 관계/ 93 [4] 구성요건의 유형/ 94
[5] 구성요건의 요소/ 96 [6] 구성요건해당성배제사유/ 97
제2절 결과반가치와 행위반가치 ············································································· 98
[1] 결과반가치와 행위반가치/ 98 [2] 결과반가치론과 행위반가치론/ 98
[3] 결과반가치와 행위반가치의 내용/ 100
제3절 부작위범 ·································································································· 102
[1] 부작위/ 102 [2] 부작위범/ 104
[3] 부진정부작위범의 구성요건/ 107 [4] 관련문제/ 116
제4절 인과관계와 객관적 귀속 ············································································· 119
[1] 서 설/ 119 [2] 인과관계에 관한 학설/ 121
[3] 객관적 귀속이론/ 129 [4] 형법 제17조의 해석/ 133
제5절 구성요건적 고의 ······················································································· 134
[1] 고의의 의의와 본질/ 134 [2] 고의의 체계적 지위/ 135
[3] 고의의 내용/ 136 [4] 고의의 종류/ 137
제6절 구성요건적 착오 ······················································································· 144
[1] 서 설/ 144 [2] 구성요건적 착오의 유형/ 146
[3] 구성요건적 착오에 관한 학설과 판례/ 147
[4] 가감적 구성요건요소에 대한 착오/ 151
[5] 인과관계의 착오와 개괄적 고의/ 152 [6] 관련문제/ 155
제7절 과실범 ····································································································· 156
[1] 서 설/ 156 [2] 과실범의 성립요건/ 159
[3] 객관적 주의의무의 제한원리/ 166 [4] 관련문제/ 173
제8절 결과적 가중범 ·························································································· 174
[1] 서 설/ 174 [2] 결과적 가중범의 성립요건/ 177
[3] 관련문제/ 182
제3장 위법성론
제1절 위법성의 일반이론 ···················································································· 186
[1] 위법성의 의의/ 186 [2] 위법성의 본질/ 187
[3] 위법성의 평가방법/ 188 [4] 위법성조각사유/ 189
제2절 정당방위 ·································································································· 195
[1] 서 설/ 195 [2] 정당방위의 성립요건/ 196
[3] 정당방위의 효과/ 206 [4] 과잉방위와 오상방위/ 208
제3절 긴급피난 ·································································································· 213
[1] 서 설/ 213 [2] 긴급피난의 성립요건/ 214
[3] 긴급피난의 효과/ 220 [4] 과잉피난과 오상피난/ 221
[5] 의무의 충돌/ 221
제4절 자구행위 ·································································································· 226
[1] 서 설/ 226 [2] 자구행위의 성립요건/ 227
[3] 자구행위의 효과/ 232 [4] 과잉자구행위와 오상자구행위/ 232
제5절 피해자의 승낙 ·························································································· 234
[1] 양 해/ 234 [2] 피해자의 승낙/ 236
[3] 추정적 승낙/ 240
제6절 정당행위 ·································································································· 244
[1] 서 설/ 244 [2] 법령에 의한 행위/ 245
[3] 업무로 인한 행위/ 253 [4] 사회상규에 위배되지 않는 행위/ 258
제4장 책임론
제1절 책임의 일반이론 ······················································································· 267
[1] 서 설/ 267 [2] 책임의 근거/ 268
[3] 책임의 본질/ 270 [4] 책임의 판단/ 273
제2절 책임능력 ·································································································· 274
[1] 서 설/ 274 [2] 책임무능력자/ 275
[3] 한정책임능력자/ 280 [4] 원인에 있어서 자유로운 행위/ 282
제3절 위법성의 인식과 금지착오 ·········································································· 287
[1] 위법성의 인식/ 287 [2] 금지착오/ 291
[3] 위법성조각사유의 전제사실에 대한 착오/ 302
제4절 기대가능성 ······························································································· 306
[1] 기대가능성이론/ 306 [2] 강요된 행위/ 310
[3] 초법규적 책임조각사유/ 313
제5장 미수론
제1절 미수범의 일반이론 ···················································································· 316
[1] 범죄실현의 단계/ 316 [2] 미수범의 처벌근거/ 317
제2절 장애미수 ·································································································· 320
[1] 의 의/ 320 [2] 장애미수의 성립요건/ 320
[3] 장애미수의 처벌/ 327 [4] 관련문제/ 327
제3절 중지미수 ·································································································· 328
[1] 서 설/ 328 [2] 중지미수의 성립요건/ 329
[3] 중지미수의 처벌/ 335 [4] 관련문제/ 335
제4절 불능미수 ·································································································· 338
[1] 서 설/ 338 [2] 불능미수의 성립요건/ 339
[3] 불능미수의 처벌 및 관련문제/ 344
제5절 예비죄 ····································································································· 346
[1] 서 설/ 346 [2] 예비죄의 법적 성격/ 347
[3] 예비죄의 성립요건/ 348 [4] 관련문제/ 350
제6장 정범 및 공범론
제1절 정범·공범의 일반이론 ················································································ 353
[1] 서 설/ 353 [2] 정범과 공범의 구별/ 358
[3] 공범의 종속성과 처벌근거/ 362
제2절 간접정범 ································································································· 366
[1] 서 설/ 366 [2] 간접정범의 성립요건/ 367
[3] 간접정범의 처벌/ 372 [4] 관련문제/ 372
[5] 특수교사·방조/ 375
제3절 공동정범 ·································································································· 376
[1] 서 설/ 376 [2] 공동정범의 성립요건/ 378
[3] 공동정범의 처벌/ 393 [4] 관련문제/ 394
제4절 교사범 ····································································································· 404
[1] 서 설/ 404 [2] 교사범의 성립요건/ 405
[3] 교사의 착오/ 410 [4] 교사범의 처벌/ 412
[5] 관련문제/ 413
제5절 종 범 ······································································································ 415
[1] 서 설/ 415 [2] 종범의 성립요건/ 416
[3] 종범의 착오/ 423 [4] 종범의 처벌/ 425
[5] 관련문제/ 425
제6절 공범과 신분 ···························································································· 427
[1] 서 설/ 427 [2] 형법 제33조의 해석론/ 429
[3] 소극적 신분과 공범/ 435
제7장 죄수론
제1절 죄수의 일반이론 ······················································································· 437
[1] 죄수론의 의의/ 437 [2] 죄수결정의 기준/ 437
[3] 수죄의 처벌/ 441
제2절 일 죄 ······································································································ 442
[1] 서 설/ 442 [2] 법조경합 / 442 [3] 포괄일죄/ 450
제3절 수 죄 ······································································································ 461
[1] 상상적 경합/ 461 [2] 실체적 경합/ 469

제3편 형 벌 론
제1절 형벌의 종류 ····························································································· 481
[1] 서 설/ 481 [2] 사 형/ 482 [3] 자유형/ 483
[4] 재산형/ 484 [5] 명예형/ 494 [6] 형의 경중/ 496
제2절 형의 양정 ································································································ 497
[1] 의 의/ 497 [2] 형의 양정의 단계/ 497
[3] 형의 가중·감경·면제/ 498 [4] 양 형/ 505
[5] 판결선고 전 구금 및 판결의 공시/ 507
제3절 누 범 ······································································································ 509
[1] 서 설/ 509 [2] 누범가중의 요건/ 510
[3] 누범의 효과/ 513[4] 판결선고 후의 누범발각/ 514
제4절 집행유예·선고유예·가석방 ··········································································· 515
[1] 집행유예/ 515 [2] 선고유예/ 521 [3] 가석방/ 525
제5절 형의 시효·소멸·기간 ·················································································· 529
[1] 형의 시효/ 529 [2] 형의 소멸·실효와 복권·사면/ 530
[3] 형의 기간/ 533
제6절 보안처분 ·································································································· 534
[1] 보안처분의 일반이론/ 534 [2] 현행법상의 보안처분/ 536
[판례색인] ········································································································ 540