2019 송헌철 형법 - 전2권

[각론]

제1편 개인적 법익에 대한 죄
제1장 생명과 신체에 대한 죄 제1절 살인의 죄 ······················································ 8
제2절 상해와 폭행의 죄 ········································ 20
제3절 과실치사상의 죄 ·········································· 36
제4절 낙태의 죄 ···················································· 49
제5절 유기와 학대의 죄 ········································ 55
제2장 자유에 대한 죄 제1절 협박의 죄 ···················································· 62
제2절 강요의 죄 ···················································· 70
제3절 체포와 감금의 죄 ········································ 76
제4절 약취, 유인 및 인신매매의 죄 ······················ 82
제5절 강간과 추행의 죄 ········································ 91
제3장 명예와 신용에 대한 죄 제1절 명예에 관한 죄 ·········································· 118
제2절 신용·업무와 경매에 관한 죄 ···················· 149
제4장 사생활의 평온에 대한 죄 제1절 비밀침해의 죄 ··········································· 179
제2절 주거침입의 죄 ··········································· 183
제5장 재산에 대한 죄 제1절 재산죄의 기초이론 ····································· 198
제2절 절도의 죄 ·················································· 228
제3절 강도의 죄 ·················································· 241
제4절 사기의 죄 ·················································· 267
제5절 사기죄의 기망행위 ····································· 295
제6절 사기죄의 처분행위 ····································· 310
제7절 사기죄에 있어서 재산상 손해 ···················· 318
제8절 소송사기 ···················································· 322
제9절 신용카드 관련범죄 ····································· 332
제10절 공갈의 죄 ················································ 342
제11절 횡령의 죄 ················································ 351
제12절 횡령죄와 배임죄의 관계 ·························· 382
제13절 부동산명의신탁과 횡령죄의 성부 ············· 391
제14절 불법원인급여와 재산죄 ···························· 396
제15절 배임의 죄 ················································ 399
제16절 이중저당과 이중매매의 형사책임 ············· 453
제17절 장물의 죄 ················································ 460
제18절 형법상 장물의 개념 ································· 469
제19절 손괴의 죄 ················································ 475
제20절 권리행사를 방해하는 죄 ·························· 485

제2편 사회적 법익에 대한 죄
제1장 공공의 안전과 평온에 대한 죄 제1절 공안을 해하는 죄 ······································ 502
제2절 폭발물에 관한 죄 ······································ 507
제3절 방화와 실화의 죄 ······································ 508
제4절 일수와 수리에 관한 죄 ······························ 518
제5절 교통방해의 죄 ··········································· 521
제2장 공공의 신용에 대한 죄 제1절 통화에 관한 죄 ·········································· 526
제2절 유가증권·인지와 우표에 관한 죄 ············· 533
제3절 문서죄 총설 ··············································· 547
제4절 문서에 관한 죄 ·········································· 567
제5절 인장에 관한 죄 ·········································· 602
제3장 공중의 건강에 대한 죄 제1절 음용수에 관한 죄 ······································ 607
제2절 아편에 관한 죄 ·········································· 609
제4장 사회의 도덕에 대한 죄 제1절 성풍속에 관한 죄 ······································ 611
제2절 도박과 복표에 관한 죄 ······························ 618
제3절 신앙에 관한 죄 ·········································· 624

제3편 국가적 법익에 대한 죄
제1장 국가의 존립과 권위에 대한 죄 제1절 내란의 죄 ·················································· 628
제2절 외환의 죄 ·················································· 632
제3절 국기에 관한 죄 ·········································· 638
제4절 국교에 관한 죄 ·········································· 639
제2장 국가의 기능에 대한 죄 제1절 공무원의 직무에 관한 죄 ·························· 641
제2절 뇌물관련범죄 ············································· 657
제3절 공무방해에 관한 죄 ··································· 686
제4절 도주와 범인은닉의 죄 ································ 716
제5절 위증과 증거인멸의 죄 ································ 726
제6절 무고의 죄 ·················································· 741
판례색인 ··································································································································································· 756

[총론]

제1편 총설
제1절 형법의 기본개념 ················································· 8
제2절 형법의 발전 ······················································ 12
제3절 죄형법정주의 ····················································· 12
제4절 형법의 적용범위 ··············································· 61
제5절 형법이론 ··························································· 83
제6절 범죄체계론 ························································ 85

제2편 범죄론
제1장 범죄의 기본개념 제1절 범죄의 의의와 종류 ·········································· 88
제2절 행위론 ······························································· 98
제2장 구성요건론 제1절 구성요건이론 ··················································· 101
제2절 행위의 주체 ···················································· 105
제3절 행위의 객체와 보호의 객체 ···························· 112
제4절 결과반가치와 행위반가치 ································ 113
제5절 부작위범 ························································· 116
제6절 인과관계와 객관적 귀속 ·································· 131
제7절 구성요건적 고의 ············································· 141
제8절 구성요건적 착오 ············································· 153
제9절 과실범 ····························································· 163
제10절 결과적 가중범 ··············································· 184
제3장 위법성론 제1절 위법성의 이론 ················································· 197
제2절 정당방위 ························································· 203
제3절 긴급피난 ························································· 219
제4절 자구행위 ························································· 229
제5절 피해자의 승낙 ················································· 235
제6절 정당행위 ························································· 245
제4장 책임론 제1절 책임이론 ························································· 275
제2절 책임능력 ························································· 279
제3절 원인에 있어서 자유로운 행위 ························· 286
제4절 위법성의 인식 ················································· 291
제5절 법률의 착오(금지착오) ···································· 294
제6절 기대가능성 ······················································ 313
제7절 강요된 행위 ···················································· 318

제5장 미수론 제1절 미수범의 일반이론 ·········································· 322
제2절 장애미수 ························································· 324
제3절 중지미수 ························································· 336
제4절 불능미수 ························································· 346
제5절 예비죄 ····························································· 352
제6장 공범론 제1절 공범이론 ························································· 359
제2절 정범과 공범 ···················································· 364
제3절 간접정범 ························································· 369
제4절 공동정범 ························································· 379
제5절 동시범 ····························································· 403
제6절 교사범 ····························································· 409
제7절 종범 ································································ 418
제8절 공범과 신분 ···················································· 426
제7장 죄수론 제1절 죄수이론 ························································· 435
제2절 일죄 ································································ 440
제3절 수죄 ································································ 470

제2편 형벌과 보안처분
제1장 형벌론
제1절 형벌의 의의와 종류 ········································ 494
제2절 형의 양정 ······················································· 515
제3절 누범 ································································ 526
제4절 선고유예 ························································· 531
제5절 집행유예 ························································· 535
제6절 가석방 ····························································· 542
제7절 형의 시효·소멸·기간 ··································· 546
제2장 보안처분 ················································································· 551

판례색인 ········································································································································· 559