TRS 형사법 정지문

제 1 편 | 형법총론
제 1 장 | 형법의 기초 14
Ⅰ. 죄형법정주의 ···················································································································································· 14
Ⅱ. 형법의 시간적 적용범위 ································································································································ 19
Ⅲ. 형법의 장소적·인적 적용범위 ······················································································································ 21
제 2 장 | 범죄론 일반 23
Ⅰ. 범죄의 주체 ······················································································································································· 23
제 3 장 | 구성요건론 24
Ⅰ. 인과관계 ····························································································································································· 24
Ⅱ. 고의범 ·································································································································································· 25
Ⅲ. 과실범 ·································································································································································· 28
Ⅳ. 결과적 가중범 ··················································································································································· 29
Ⅴ. 부작위범 ····························································································································································· 31
제 4 장 | 위법성론 37
Ⅰ. 위법성 이론 ······················································································································································· 37
Ⅱ. 정당방위 ····························································································································································· 37
Ⅲ. 긴급피난 ····························································································································································· 39
Ⅳ. 자구행위 ····························································································································································· 39
Ⅴ. 피해자의 승낙 ··················································································································································· 39
Ⅵ. 정당행위 ····························································································································································· 41
제 5 장 | 책임론 44
Ⅰ. 책임능력 ····························································································································································· 44
Ⅱ. 위법성의 인식 ··················································································································································· 48
Ⅲ. 기대가능성 ························································································································································· 51
제 6 장 | 미수론 53
Ⅰ. 미수이론 ····························································································································································· 53
Ⅱ. 장애미수······························································································································································· 53
Ⅲ. 중지미수 ····························································································································································· 54
Ⅳ. 불능미수 ····························································································································································· 55
Ⅴ. 예비·음모죄 ······················································································································································· 57
제 7 장 | 공범론 58
Ⅰ. 정범과 공범의 기초이론 ································································································································ 58
Ⅱ. 공동정범······························································································································································· 60
Ⅲ. 간접정범 ····························································································································································· 63
Ⅳ. 교사범 ·································································································································································· 64
Ⅴ. 방조범 ·································································································································································· 66
Ⅵ. 공범과 신분 ······················································································································································· 68
제 8 장 | 죄수론 71
Ⅰ. 죄수 일반이론 ··················································································································································· 71
Ⅱ. 일죄 ······································································································································································· 71
Ⅲ. 수죄 ······································································································································································ 72
제 9 장 | 형벌론 74
Ⅰ. 형벌의 종류 ······················································································································································· 74
Ⅱ. 형의 양정 ···························································································································································· 77
Ⅲ. 선고유예·집행유예·가석방 ··························································································································· 79
제 10 장 | 보안처분 81

제 2 편 | 개인적 법익에 대한 죄
제 1 장 | 생명신체에 대한 죄 84
Ⅰ. 살인의 죄 ···························································································································································· 84
Ⅱ. 상해와 폭행의 죄 ············································································································································· 85
Ⅲ. 과실치사상의 죄 ··············································································································································· 87
Ⅳ. 낙태의 죄 ···························································································································································· 89
Ⅴ. 유기와 학대의 죄 ············································································································································· 90
제 2 장 | 자유에 대한 죄 91
Ⅰ. 협박죄 ·································································································································································· 91
Ⅱ. 강요죄 ·································································································································································· 92
Ⅲ. 체포와 감금의 죄 ············································································································································· 94
Ⅳ. 약취, 유인 및 인신매매의 죄 ······················································································································· 94
Ⅴ. 강간과 추행의 죄 ············································································································································· 96
제 3 장 | 명예와 신용에 대한 죄 101
Ⅰ. 명예에 관한 죄 ················································································································································ 101
Ⅱ. 신용·업무와 경매에 관한 죄 ······················································································································· 109
제 4 장 | 사생활의 평온에 대한 죄 116
Ⅰ. 주거침입의 죄 ················································································································································· 116
제 5 장 | 재산에 대한 죄 122
Ⅰ. 절도의 죄 ·························································································································································· 122
Ⅱ. 강도의 죄 ·························································································································································· 128
Ⅲ. 사기의 죄 ·························································································································································· 135
Ⅲ-2. 신용카드, 직불카드, 예금통장 등 관련 범죄 ··················································································· 145
Ⅳ. 공갈의 죄··························································································································································· 149
Ⅴ. 횡령의 죄··························································································································································· 150
Ⅴ-2. 보이스피싱 관련 범죄······························································································································ 159
Ⅵ. 배임의 죄··························································································································································· 161
Ⅶ. 장물에 관한 죄················································································································································· 172
Ⅷ. 손괴의 죄··························································································································································· 174
Ⅸ. 권리행사방해의 죄·········································································································································· 176
Ⅹ. 친족상도례 ························································································································································ 178

제 3 편 | 사회적 법익에 대한 죄
제 1 장 | 공공의 안전과 평온에 대한 죄 182
Ⅰ. 범죄단체 등 조직죄 ······································································································································· 182
Ⅱ. 방화와 실화의 죄 ··········································································································································· 183
제 2 장 | 공공의 신용에 대한 죄 187
Ⅰ. 통화에 관한 죄 ················································································································································ 187
Ⅱ. 유가증권에 관한 죄 ······································································································································· 188
Ⅲ. 문서에 관한 죄 ················································································································································ 189
제 3 장 | 사회의 도덕에 대한 죄 201
Ⅰ. 성풍속에 관한 죄 ··········································································································································· 201
Ⅱ. 도박과 복표에 관한 죄 ································································································································· 201
Ⅲ. 신앙에 관한 죄 ················································································································································ 201

제 4 편 | 국가적 법익에 대한 죄
제 1 장 | 국가의 존립에 대한 죄 204
제 2 장 | 국가의 기능에 대한 죄 206
Ⅰ. 공무원의 직무에 관한 죄 ····························································································································· 206
Ⅱ. 공무방해에 관한 죄 ······································································································································· 217
Ⅲ. 도주와 범인은닉의 죄 ·································································································································· 222
Ⅳ. 위증과 증거인멸의 죄 ·································································································································· 224
Ⅴ. 무고의 죄 ·························································································································································· 229

제 5 편 | 형사소송법 서론
제 1 장 | 서론 236
제 2 장 | 소송의 주체 237
Ⅰ. 법원 ···································································································································································· 237
Ⅱ. 검사 ···································································································································································· 241
Ⅲ. 피고인 ································································································································································ 242
Ⅳ. 변호인 ································································································································································ 243
제 3 장 | 소송행위와 소송조건 249

제 6 편 | 수사
제 1 장 | 수사의 기초와 임의수사 254
Ⅰ. 수사의 기초 ····················································································································································· 254
Ⅱ. 수사의 단서와 조건 ······································································································································· 255
Ⅲ. 임의수사 ··························································································································································· 264
제 2 장 | 강제수사와 강제처분 268
Ⅰ. 대인적 강제처분 ············································································································································· 268
Ⅱ. 대물적 강제처분 ············································································································································· 279
Ⅲ. 증거보전과 수사상 증인신문 ····················································································································· 297
제 3 장 | 수사의 종결 299
Ⅰ. 공소제기 후의 수사제한 ······························································································································ 299
Ⅱ. 재정신청 ··························································································································································· 299

제 7 편 | 공소와 심판대상
제 1 장 | 공소의 제기 304
Ⅰ. 공소의 기초 - 공소권이론과 공소권남용이론······················································································· 304
Ⅱ. 공소제기의 방식 ············································································································································· 305
Ⅲ. 공소시효 ··························································································································································· 308
제 2 장 | 심판의 대상 315
Ⅰ. 공소장변경 ························································································································································ 315

제 8 편 | 공판
제 1 장 | 공판절차 322
Ⅰ. 공판의 기초와 준비········································································································································ 322
Ⅱ. 공판기일의 절차 ············································································································································· 322
Ⅲ. 증거조사의 실시 ············································································································································· 326
Ⅳ. 공판절차의 특수문제 ···································································································································· 331
Ⅴ. 국민참여재판 ·················································································································································· 334
제 2 장 | 증거 336
Ⅰ. 증거법의 기초 ·················································································································································· 336
Ⅱ. 증거법의 기본원칙 ········································································································································ 337
Ⅲ. 위법수집증거배제법칙 ·································································································································· 339
Ⅳ. 자백배제법칙 ·················································································································································· 342
Ⅴ. 전문법칙 ··························································································································································· 344
Ⅵ. 증거동의 ··························································································································································· 363
Ⅶ. 탄핵증거 ··························································································································································· 365
Ⅷ. 자백보강법칙 ·················································································································································· 365
Ⅸ. 공판조서의 배타적 증명력 ·························································································································· 367
제 3 장 | 재판 369
Ⅰ. 재판의 기본개념·············································································································································· 369
Ⅱ. 종국재판 ··························································································································································· 370
Ⅲ. 재판의 확정과 효력 ······································································································································· 374

제 9 편 | 상소와 특별절차
제 1 장 | 상소 380
Ⅰ. 상소통칙 ··························································································································································· 380
Ⅱ. 상소각칙 ··························································································································································· 387
제 2 장 | 비상구제절차·특별절차 및 형의 집행 393
Ⅰ. 비상구제절차···················································································································································· 393
Ⅱ. 특별절차 ··························································································································································· 402
Ⅲ. 재판의 집행과 형사보상 ······························································································································ 405

제 10 편 | 특별형법
제 1 장 | 도로교통법 등 408
제 2 장 | 폭력행위처벌법 414
제 3 장 | 성폭력처벌법, 청소년성보호법 등 415
제 4 장 | 특정범죄가중법 423
제 5 장 | 특정경제범죄법 424
제 6 장 | 통신비밀보호법 425
부록 키워드 쟁점명 ····································································································································· 427