TRS 형사법 핵심지문 총정리

제 1 편 | 형법총론
제 1 장 | 형법의 기초 14
Ⅰ. 죄형법정주의 ············································································································································································· 14
Ⅱ. 형법의 시간적 적용범위 ························································································································································· 21
Ⅲ. 형법의 장소적·인적 적용범위 ··············································································································································· 24
제 2 장 | 범죄론 일반 26
Ⅰ. 범죄의 주체 ················································································································································································ 26
제 3 장 | 구성요건론 28
Ⅰ. 인과관계 ······················································································································································································ 28
Ⅱ. 고의범 ··························································································································································································· 29
Ⅲ. 과실범 ··························································································································································································· 33
Ⅳ. 결과적 가중범 ············································································································································································ 34
Ⅴ. 부작위범 ······················································································································································································ 37
제 4 장 | 위법성론 43
Ⅰ. 위법성 이론 ················································································································································································ 43
Ⅱ. 정당방위 ······················································································································································································ 44
Ⅲ. 긴급피난 ······················································································································································································ 46
Ⅳ. 자구행위 ······················································································································································································ 47
Ⅴ. 피해자의 승낙 ············································································································································································ 47
Ⅵ. 정당행위 ······················································································································································································ 49
제 5 장 | 책임론 52
Ⅰ. 책임능력 ······················································································································································································ 52
Ⅱ. 위법성의 인식 ············································································································································································ 57
Ⅲ. 기대가능성 ·················································································································································································· 61
제 6 장 | 미수론 63
Ⅰ. 미수이론 ······················································································································································································ 63
Ⅱ. 장애미수························································································································································································ 63
Ⅲ. 중지미수 ······················································································································································································ 64
Ⅳ. 불능미수 ······················································································································································································ 66
Ⅴ. 예비·음모죄 ················································································································································································ 68
제 7 장 | 공범론 69
Ⅰ. 정범과 공범의 기초이론 ························································································································································· 69
Ⅱ. 공동정범························································································································································································ 71
Ⅲ. 간접정범 ······················································································································································································ 75
Ⅳ. 교사범 ··························································································································································································· 76
Ⅴ. 방조범 ··························································································································································································· 79
Ⅵ. 공범과 신분 ················································································································································································ 83
제 8 장 | 죄수론 85
Ⅰ. 죄수 일반이론 ············································································································································································ 85
Ⅱ. 일죄 ································································································································································································ 85
Ⅲ. 수죄 ······························································································································································································· 86
제 9 장 | 형벌론 88
Ⅰ. 형벌의 종류 ················································································································································································ 88
Ⅱ. 형의 양정 ····················································································································································································· 92
Ⅲ. 선고유예·집행유예·가석방 ···················································································································································· 95
제 10 장 | 보안처분 98
제 2 편 | 개인적 법익에 대한 죄
제 1 장 | 생명신체에 대한 죄 100
Ⅰ. 살인의 죄 ·················································································································································································· 100
Ⅱ. 상해와 폭행의 죄 ··································································································································································· 101
Ⅲ. 과실치사상의 죄 ····································································································································································· 104
Ⅳ. 낙태의 죄 ·················································································································································································· 107
Ⅴ. 유기와 학대의 죄 ··································································································································································· 107
제 2 장 | 자유에 대한 죄 109
Ⅰ. 협박죄 ························································································································································································ 109
Ⅱ. 강요죄 ························································································································································································ 111
Ⅲ. 체포와 감금의 죄 ··································································································································································· 112
Ⅳ. 약취, 유인 및 인신매매의 죄 ············································································································································· 114
Ⅴ. 강간과 추행의 죄 ··································································································································································· 115
제 3 장 | 명예와 신용에 대한 죄 121
Ⅰ. 명예에 관한 죄 ········································································································································································ 121
Ⅱ. 신용·업무와 경매에 관한 죄 ··············································································································································· 133
제 4 장 | 사생활의 평온에 대한 죄 143
Ⅰ. 주거침입의 죄 ········································································································································································· 143
제 5 장 | 재산에 대한 죄 151
Ⅰ. 절도의 죄 ·················································································································································································· 151
Ⅱ. 강도의 죄 ·················································································································································································· 158
Ⅲ. 사기의 죄 ·················································································································································································· 167
Ⅲ-2. 신용카드, 직불카드, 예금통장 등 관련 범죄 ··········································································································· 181
Ⅳ. 공갈의 죄··················································································································································································· 186
Ⅴ. 횡령의 죄··················································································································································································· 187
Ⅴ-2. 보이스피싱 관련 범죄······················································································································································ 198
Ⅵ. 배임의 죄··················································································································································································· 200
Ⅶ. 장물에 관한 죄········································································································································································· 215
Ⅷ. 손괴의 죄··················································································································································································· 218
Ⅸ. 권리행사방해의 죄·································································································································································· 220
Ⅹ. 친족상도례 ················································································································································································ 223
제 3 편 | 사회적 법익에 대한 죄
제 1 장 | 공공의 안전과 평온에 대한 죄 230
Ⅰ. 범죄단체 등 조직죄 ······························································································································································· 230
Ⅱ. 방화와 실화의 죄 ··································································································································································· 231
제 2 장 | 공공의 신용에 대한 죄 236
Ⅰ. 통화에 관한 죄 ········································································································································································ 236
Ⅱ. 유가증권에 관한 죄 ······························································································································································· 237
Ⅲ. 문서에 관한 죄 ········································································································································································ 238
제 3 장 | 사회의 도덕에 대한 죄 254
Ⅰ. 성풍속에 관한 죄 ··································································································································································· 254
Ⅱ. 도박과 복표에 관한 죄 ························································································································································· 254
Ⅲ. 신앙에 관한 죄 ········································································································································································ 254
제 4 편 | 국가적 법익에 대한 죄
제 1 장 | 국가의 존립에 대한 죄 256
제 2 장 | 국가의 기능에 대한 죄 258
Ⅰ. 공무원의 직무에 관한 죄 ····················································································································································· 258
Ⅱ. 공무방해에 관한 죄 ······························································································································································· 273
Ⅲ. 도주와 범인은닉의 죄 ·························································································································································· 280
Ⅳ. 위증과 증거인멸의 죄 ·························································································································································· 283
Ⅴ. 무고의 죄 ·················································································································································································· 290
제 5 편 | 형사소송법 서론
제 1 장 | 서론 298
제 2 장 | 소송의 주체 299
Ⅰ. 법원 ···························································································································································································· 299
Ⅱ. 검사 ···························································································································································································· 306
Ⅲ. 피고인 ························································································································································································ 307
Ⅳ. 변호인 ························································································································································································ 309
제 3 장 | 소송행위와 소송조건 316
제 6 편 | 수사
제 1 장 | 수사의 기초와 임의수사 322
Ⅰ. 수사의 기초 ············································································································································································· 322
Ⅱ. 수사의 단서와 조건 ······························································································································································· 324
Ⅲ. 임의수사 ··················································································································································································· 335
제 2 장 | 강제수사와 강제처분 341
Ⅰ. 대인적 강제처분 ····································································································································································· 341
Ⅱ. 대물적 강제처분 ····································································································································································· 357
Ⅲ. 증거보전과 수사상 증인신문 ············································································································································· 385
제 3 장 | 수사의 종결 388
Ⅰ. 공소제기 후의 수사제한 ······················································································································································ 388
Ⅱ. 재정신청 ··················································································································································································· 388
제 7 편 | 공소와 심판대상
제 1 장 | 공소의 제기 396
Ⅰ. 공소의 기초 - 공소권이론과 공소권남용이론··············································································································· 396
Ⅱ. 공소제기의 방식 ····································································································································································· 397
Ⅲ. 공소시효 ··················································································································································································· 402
제 2 장 | 심판의 대상 411
Ⅰ. 공소장변경 ················································································································································································ 411
제 8 편 | 공판
제 1 장 | 공판절차 424
Ⅰ. 공판의 기초와 준비································································································································································ 424
Ⅱ. 공판기일의 절차 ····································································································································································· 425
Ⅲ. 증거조사의 실시 ····································································································································································· 430
Ⅳ. 공판절차의 특수문제 ···························································································································································· 437
Ⅴ. 국민참여재판 ·········································································································································································· 440
제 2 장 | 증거 442
Ⅰ. 증거법의 기초 ·········································································································································································· 442
Ⅱ. 증거법의 기본원칙 ································································································································································ 443
Ⅲ. 위법수집증거배제법칙 ·························································································································································· 447
Ⅳ. 자백배제법칙 ·········································································································································································· 453
Ⅴ. 전문법칙 ··················································································································································································· 456
Ⅵ. 증거동의 ··················································································································································································· 481
Ⅶ. 탄핵증거 ··················································································································································································· 483
Ⅷ. 자백보강법칙 ·········································································································································································· 484
Ⅸ. 공판조서의 배타적 증명력 ·················································································································································· 488
제 3 장 | 재판 488
Ⅰ. 재판의 기본개념······································································································································································ 488
Ⅱ. 종국재판 ··················································································································································································· 489
Ⅲ. 재판의 확정과 효력 ······························································································································································· 495
제 9 편 | 상소와 특별절차
제 1 장 | 상소 502
Ⅰ. 상소통칙 ··················································································································································································· 502
Ⅱ. 상소각칙 ··················································································································································································· 512
제 2 장 | 비상구제절차·특별절차 및 형의 집행 520
Ⅰ. 비상구제절차············································································································································································ 520
Ⅱ. 특별절차 ··················································································································································································· 531
Ⅲ. 재판의 집행과 형사보상 ······················································································································································ 536
제 10 편 | 특별형법
제 1 장 | 도로교통법 등 540
제 2 장 | 폭력행위처벌법 548
제 3 장 | 성폭력처벌법, 청소년성보호법 등 549
제 4 장 | 특정범죄가중법 559
제 5 장 | 특정경제범죄법 560
제 6 장 | 통신비밀보호법 561