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2020년 2월 1일까지의 대법원 공보판례를 추가하여 정리 수록하였다. 2020. 2. 20. 대법원은 전원합의체 판결을 통하여 동산의 양도담보물을 채무자가 임의처분한 경우 배임죄가 성립하지 아니한다고 판시하였으며 이 내용을 판례속보를 이용하여 교재에 반영하였다. 그리고 이와 배치되는 기존의 판례들의 삭제하였다.



총 론
제1편 서 론
제1장 형법의 기본개념
제1절 형법의 의의와 성격······························································································· 5
. 형법의 의의 / 5 . 형법의 성격 / 5
. 형법의 기능 / 6 . 위험형법 / 6
제2절 죄형법정주의··········································································································· 7
. 죄형법정주의의 의의 / 7 . 죄형법정주의의 내용 / 7
제2장 형법의 적용범위와 형법이론
제1절 형법의 적용범위··································································································· 37
. 시간적 적용범위 / 37 . 장소적 적용범위 / 48
. 인적 적용범위 / 56
제2절 형법이론················································································································· 57
. 법죄이론 / 57 . 형벌이론 / 57
. 형법학파의 대립 / 59
제2편 범죄론
제1장 범죄의 기본개념
제1절 범죄의 의의와 종류····························································································· 63
. 범죄의 의의 / 63 . 범죄의 성립요건·처벌조건·소추조건 / 63
. 범죄의 종류 / 66
제2절 행위론····················································································································· 71
. 의 의 / 71 . 행위론의 내용 / 71
. 형법상 행위의 최소한의 요건 / 71
제3절 범죄체계론············································································································· 72
제4절 행위의 주체와 객체····························································································· 73
. 행위의 주체 / 73
. 행위의 객체와 보호의 객체 / 79
7
제2장 구성요건
제1절 구성요건이론········································································································· 80
. 구성요건의 의의 / 80 . 구성요건과 위법성과의 관계 / 80
. 구성요건의 유형 / 81 . 구성요건의 요소 / 82
제2절 결과반가치와 행위반가치··················································································· 84
. 결과반가치론과 행위반가치론 / 84
. 결과반가치와 행위반가치의 내용 / 84
제3절 부작위범················································································································· 85
. 부작위의 본질 / 85 . 부작위범의 구조 / 88
. 부진정부작위범의 특유한 구성요건 / 90 . 관련문제 / 101
제4절 인과관계와 객관적 귀속··················································································· 104
. 서 론 / 104 . 인과관계의 유형 / 104
. 인과관계 판단에 관한 학설 / 106 . 객관적 귀속이론 / 113
제5절 구성요건적 고의································································································· 117
. 서 론 / 117 . 고의의 내용 / 118
. 고의의 종류 / 120
제6절 구성요건적 착오································································································· 123
. 서 론 / 123
. 구성요건적 착오의 의의와 해결 / 123
. 제15조 제1항의 규율 밖에 있는 착오사례의 해결 / 124
. 인과관계(과정)의 착오 / 131
제7절 과 실····················································································································· 134
. 서 론 / 134 . 과실범의 구성요건 / 138
. 객관적 주의의무의 제한원리 / 146 . 관련문제 / 153
제8절 결과적 가중범····································································································· 154
. 서 론 / 154 . 결과적 가중범의 종류 / 154
. 결과적 가중범의 성립요건 / 159 . 관련문제 / 163
제3장 위법성
제1절 위법성의 이론····································································································· 168
. 위법성의 의의 및 불법과의 구별 / 168 . 위법성의 본질 / 168
8
. 위법성 판단 기준/ 169 . 위법성조각사유(정당화사유) / 169
. 주관적 정당화요소 / 170
제2절 정당방위··············································································································· 173
. 정당방위의 의의 / 173 . 정당방위의 성립요건 / 173
. 과잉방위와 오상방위 / 185
제3절 긴급피난··············································································································· 189
. 긴급피난의 의의와 본질 / 189 . 긴급피난의 성립요건 / 189
. 긴급피난의 특칙 / 193 . 과잉피난과 오상피난 / 194
. 관련 쟁점-의무의 충돌 / 194
제4절 자구행위··············································································································· 195
. 자구행위의 의의 / 195 . 자구행위의 성립요건 / 195
. 과잉자구행위와 오상자구행위 / 198
제5절 피해자의 승낙····································································································· 199
. 서 론 / 199 . 양 해 / 200
. 피해자의 승낙 / 201 . 추정적 승낙 / 204
제6절 정당행위··············································································································· 206
. 의의 / 206 . 법령에 의한 행위 / 206
. 업무로 인한 행위 / 214 . 사회상규에 위배되지 않는 행위 / 217
제4장 책임론
제1절 책임이론··············································································································· 226
. 책임의 의의 / 226 . 책임의 근거 / 227
. 책임의 본질 / 227
제2절 책임능력··············································································································· 229
. 책임능력의 의의 / 229 . 책임무능력자 / 230
. 한정책임능력자 / 234 . 원인에 있어서 자유로운 행위 / 235
제3절 위법성의 인식····································································································· 240
. 위법성의 인식의 의의 /240 . 위법성의 인식의 체계적 지위 / 240
제4절 법률의 착오········································································································· 242
. 법률의 착오의 의의와 태양 / 242 . 형법 제16조와 정당한 이유 / 244
. 위법성조각사유의 전제사실의 착오 / 249
제5절 기대가능성··········································································································· 252
9
. 서 론 / 252 . 기대가능성의 체계적 지위 / 252
. 기대가능성의 판단기준 / 252 . 기대불가능성으로 인한 책임조각사유 / 254
. 강요된 행위 / 254
제5장 미수론
제1절 미수범의 일반이론····························································································· 257
제2절 장애미수··············································································································· 259
. 의 의 / 259 . 장애미수의 성립요건 / 259
. 장애미수의 처벌 / 264
제3절 중지미수··············································································································· 265
. 서 론 / 265 . 중지미수의 성립요건 / 265
. 중지미수의 처벌 / 272 . 관련문제 / 272
제4절 불능미수··············································································································· 275
. 서 론 / 275 . 불능미수의 성립요건 / 275
. 불능미수의 처벌 / 277 . 관련문제 / 281
제5절 예비죄··················································································································· 282
. 서 설 / 282 . 예비죄의 법적 성격 / 282
. 예비죄의 성립요건 / 283 . 관련문제 / 285
제6장 공범론
제1절 공범이론··············································································································· 288
. 서 설 / 288 . 정범과 공범의 구별 / 293
. 공범의 종속성과 처벌의 근거 / 295
제2절 간접정범··············································································································· 297
. 간접정범의 의의 / 297 . 간접정범의 성립요건 / 298
. 간접정범의 처벌 / 301 . 관련문제 / 301
. 특수교사·방조 / 303
제3절 공동정범··············································································································· 304
. 공동정범의 의의와 본질 / 304 . 공동정범의 성립요건 / 304
. 공동정범의 처벌 / 317 . 공동정범의 착오 / 318
. 동시범 / 318
제4절 교사범··················································································································· 323
10
. 교사범의 의의 / 323 . 교사범의 성립요건 / 323
. 교사의 착오 / 327 . 교사범의 처벌 / 328
. 관련문제 / 329
제5절 종 범····················································································································· 331
. 종범의 의의 / 331 . 종범의 성립요건 / 331
. 종범의 착오 / 335 . 종범의 처벌 / 335
. 관련문제 / 336
제6절 공범과 신분········································································································· 337
. 공범과 신분의 의의 / 337 . 신분범의 의의와 종류 / 337
. 형법 제33조의 해석론 / 338 . 소극적 신분과 공범 / 344
제7장 죄수론
제1절 죄수이론··············································································································· 346
. 죄수론의 의의 / 346 . 죄수결정의 기준 / 346
제2절 일 죄····················································································································· 347
. 서 론 / 347 . 법조경합 / 347
. 포괄일죄 / 357
제3절 수 죄····················································································································· 366
. 상상적 경합 / 366 . 실체적 경합 / 373
제3편 형벌론
제1장 형 벌
제1절 형벌의 종류········································································································· 387
. 형벌의 종류 / 387 . 사 형 / 387
. 자유형 / 388 . 재산형 / 388
. 명예형 / 398 . 형의 경중 / 398
제2절 형의 양정············································································································· 399
. 의 의 / 399 . 형의 양정의 단계 / 399
. 형의 가중·감경·면제 / 399 . 양 형 / 405
. 판결선고전 구금일수의 산입 및 판결의 공시 / 405
11
제3절 누 범····················································································································· 408
. 서 론 / 408 . 누범가중의 요건 / 409
. 누범의 효과 / 411 . 판결선고후의 누범발각 / 411
제4절 집행유예·선고유예·가석방············································································ 412
. 집행유예 / 412 . 선고유예 / 417
. 가석방 / 421
제5절 형의 시효·소멸·기간······················································································ 424
. 형의 시효, 정지, 중단 / 424 . 형의 소멸 등 / 425
. 형의 기간 / 425
제2장 보안처분································································································································ 426
12
각 론
제1편 개인적 법익에 관한 죄
제1장 생명과 신체에 대한 죄
제1절 살인의 죄············································································································· 431
. 총 설 / 431 . 보통살인죄 / 431
. 존속살해죄 / 433 . 영아살해죄 / 435
. 촉탁·승낙살인죄 / 436 . 자살교사·방조죄 / 436
. 위계·위력에 의한 살인죄 / 438 . 살인예비·음모죄 / 438
제2절 상해와 폭행의 죄······························································································· 439
. 총 설 / 439 . 상해죄 / 439
. 존속상해죄 / 442 . 중상해죄 / 442
- . 특수상해죄 / 443 . 폭행죄 / 443
. 특수폭행죄 / 446 . 폭행치사상죄 / 449
. 상습상해·폭행죄 / 450
제3절 과실치사상의 죄································································································· 451
. 과실치상죄 / 451 . 과실치사죄 / 451
. 업무상과실·중과실치사상죄 / 452
제4절 낙태의 죄············································································································· 460
. 총 설 / 460 . 자기낙태죄 / 460
. 동의낙태죄 / 462 . 업무상동의낙태죄 / 462
. 부동의낙태죄 / 462 . 낙태치사상죄 / 462
제5절 유기와 학대의 죄······························································································· 463
. 유기죄 / 463 . 영아유기죄 / 466
. 학대죄 / 466 . 아동혹사죄 / 467
. 유기치사상죄 / 467
13
제2장 자유에 대한 죄
제1절 협박의 죄············································································································· 469
. 총 설 / 469 . 협박죄 / 469
. 특수협박죄 / 474
제2절 강요의 죄············································································································· 475
. 총 설 / 475 . 강요죄 / 475
- . 특수강요죄 / 479 . 인질강요죄 / 479
제3절 체포와 감금의 죄······························································································· 480
. 총 설 / 480 . 체포·감금죄 / 480
. 중체포·감금죄, 존속중체포·감금죄 / 482 . 체포·감금치사상죄 / 483
제4절 약취, 유인 및 인신매매의 죄·········································································· 484
. 총 설 / 484
. 미성년자 약취·유인죄 / 484
. 추행·간음·결혼·영리목적 약취·유인죄 / 487
. 인신매매죄 / 488
제5절 강간과 추행의 죄······························································································· 489
. 총 설 / 489 . 강간죄 / 489
. 유사강간죄 / 491 . 강제추행죄 / 492
. 준강간죄·준유사강간죄·준강제추행죄 / 494
. 미성년자의제강간·강제추행죄 / 495
. 강간 등 상해·치상죄 / 496 . 강간 등 살인·치사죄 / 499
. 미성년자·심신미약자 간음·추행죄 / 499 . 업무상위력 등에 위한 간음죄 / 501
. 피구금자간음죄 / 501 . 상습강간등죄 / 502
. 성범죄에 대한 특별형법 / 503
제3장 명예와 신용에 대한 죄
제1절 명예에 관한 죄··································································································· 511
. 총 설 / 511 . 명예훼손죄 / 513
. 사자의 명예훼손죄 / 528 . 출판물에 의한 명예훼손죄 / 529
. 모욕죄 / 532
제2절 신용·업무와 경매에 관한 죄·········································································· 535
. 신용훼손죄 / 535 . 업무방해죄 / 537
. 컴퓨터 업무방해죄 / 553 . 경매·입찰방해죄 / 555
14
제4장 사생활의 평온에 대한 죄
제1절 비밀침해의 죄····································································································· 560
. 비밀침해죄 / 560 . 업무상 비밀누설죄 / 560
제2절 주거침입의 죄····································································································· 561
. 총 설 / 561 . 주거침입죄 / 562
. 퇴거불응죄 / 570 . 특수주거침입죄 / 571
. 주거·신체수색죄 / 571
제5장 재산에 대한 죄
제1절 재산죄의 기본개념····························································································· 572
. 재산죄의 분류 / 572 . 재산죄의 객체 / 572
. 형법상의 점유 / 577 . 불법영득의사 / 583
. 친족상도례 / 590
제2절 절도의 죄············································································································· 594
. 총 설 / 594 . 절도죄 / 594
. 야간주거침입절도죄 / 601 . 특수절도죄 / 602
. 자동차 등 불법사용죄 / 606 . 상습절도죄 / 606
제3절 강도의 죄············································································································· 607
. 총 설 / 607 . 강도죄 / 607
. 특수강도죄 / 610 . 준강도죄·준특수강도죄 / 612
. 인질강도죄 / 618 . 강도상해·치상죄 / 618
. 강도살인·치사죄 / 621 . 강도강간죄 / 623
. 해상강도죄, 해상강도상해·치상·살인·치사·강간죄 / 623
. 강도예비·음모죄 / 625
제4절 사기의 죄············································································································· 626
. 총 설 / 626 . 사기죄 / 626
. 컴퓨터 등 사용사기죄 / 661 . 준사기죄 / 665
. 편의시설부정이용죄 / 665 . 부당이득죄 / 667
. 신용카드와 관련한 범죄 / 667
제5절 공갈의 죄············································································································· 671
. 공갈죄 / 671 . 특수공갈죄 / 676
제6절 횡령의 죄············································································································· 677
15
. 횡령죄 / 677 . 업무상횡령죄 / 713
. 점유이탈물횡령죄 / 714
제7절 배임의 죄············································································································· 715
. 총 설 / 715 . 배임죄 / 715
. 업무상배임죄 / 740 . 배임수재죄 / 741
. 배임증재죄 / 747
제8절 장물의 죄············································································································· 749
. 총 설 / 749 . 장물죄 / 749
제9절 손괴의 죄············································································································· 757
. 재물손괴죄 / 757 . 경계침범죄 / 761
제10절 권리행사를 방해하는 죄················································································· 762
. 권리행사방해죄 / 762 . 강제집행면탈죄 / 765
제2편 사회적 법익에 관한 죄
제1장 공공의 안전과 평온에 대한 죄
제1절 공안을 해하는 죄······························································································· 775
제2절 폭발물에 관한 죄······························································································· 775
제3절 방화와 실화의 죄······························································································· 775
. 총 설 / 775 . 현주건조물 등 방화죄 / 776
. 일반물건방화죄 / 777 . 연소죄 / 778
제4절 교통방해의 죄····································································································· 779
. 총 설 / 779 . 일반교통방해죄 / 779
제2장 공공의 신용에 대한 죄
제1절 통화에 관한 죄··································································································· 781
. 총 설 / 781 . 내국통화 위조·변조죄 / 781
. 내국유통 외국통화 위조·변조죄 / 783 . 외국통용 외국통화 위조·변조죄 / 783
. 위조·변조통화 행사 등 죄 / 784
제2절 유가증권·인지와 우표에 관한 죄·································································· 785
16
. 총 설 / 785 . 유가증권 위조·변조죄 / 787
. 기재의 위조·변조죄 / 790 . 자격모용에 의한 유가증권작성죄 / 790
. 허위유가증권작성죄 / 791 . 위조 등 유가증권행사·수입·수출죄 / 792
제3절 문서에 관한 죄··································································································· 794
. 총 설 / 794 . 사문서위조·변조죄 / 798
. 자격모용에 의한 사문서작성죄 / 804 . 사전자기록 위작·변작죄 / 806
. 공문서 위조·변조죄 / 807 . 자격모용에 의한 공문서작성죄 / 809
. 공전자기록 위작·변작죄 / 810 . 허위진단서 등 작성죄 / 811
. 허위공문서작성죄 / 813 . 공정증서원본 등 부실기재죄 / 816
. 위조·변조·작성 사문서행사죄 / 823 . 위조·변조 등 공문서행사죄 / 825
. 사문서부정행사죄 / 825 . 공문서부정행사죄 / 826
제4절 인장에 관한 죄··································································································· 830
. 사인 등 위조·부정사용죄 / 830 . 위조사인 등 행사죄 / 830
제3장 사회의 도덕에 대한 죄
제1절 성풍속에 관한 죄······························································································· 832
. 음행매개죄 / 832
. 음화 등 반포·판매·임대·공연전시죄 / 832
. 공연음란죄 / 834
제2절 도박과 복표에 관한 죄····················································································· 835
. 도박죄 / 835 . 도박장소 등 개설죄 / 836
. 복표발매·중개·취득죄 / 837
제3절 신앙에 관한 죄··································································································· 838
. 장례식 등 방해죄 / 838 . 사체 등 손괴·유기·은닉·영득죄 / 838
. 변사체검시방해죄 / 839
17
제3편 국가적 법익에 관한 죄
제1장 국가의 존립과 권위에 대한 죄
제1절 내란의 죄············································································································· 843
제2절 외환의 죄············································································································· 847
. 간첩죄 / 847
제2장 국가의 기능에 대한 죄
제1절 공무원의 직무에 관한 죄················································································· 848
. 총 설 / 848 . 직무유기죄 / 848
. 피의사실공표죄 / 853 . 공무상 비밀누설죄 / 853
. 직권남용죄 / 855 . 뇌물죄의 일반이론 / 857
. 수뢰죄 / 864 . 사전수뢰죄 / 869
. 제3자 뇌물공여죄 / 870 . 수뢰후부정처사죄 / 872
. 부정처사후수뢰죄 / 872 . 사후수뢰죄/ 872
.알선수뢰죄 / 873 . 증뢰죄 / 874
제2절 공무방해에 관한 죄··························································································· 877
. 공무집행방해죄 / 877 . 위계에 의한 공무집행방해죄 / 881
. 공무상 봉인 등 표시무효죄 / 885 . 공용서류 등 무효죄 / 888
. 특수공무방해죄·특수공무방해치사상죄 / 889
제3절 도주와 범인은닉의 죄······················································································· 892
. 도주죄 / 892 . 범인은닉죄 / 892
제4절 위증과 증거인멸의 죄······················································································· 899
. 위증죄 / 899 . 증거인멸죄 / 904
. 증인은닉·도피죄 / 908 . 모해증거인멸죄 / 908
제5절 무고의 죄············································································································· 909
. 총 설 / 909 . 무고죄 / 909


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◇ 스프링분철은 도서 사진 옆 [스프링분철]란에 숫자를 클릭하시면 선택 가능합니다. 별도의 요청사항이 있으시면 <법문서적에 남기실 말씀>란에 적어주시면 됩니다.
도서 비닐커버 서비스 신청은 < 주문하기 단계> 에서 선택가능하십니다.
◇ 주문 시 <휴대전화>란에 핸드폰 번호를 적어주셔야 배송 상태를 알려주는 문자 수신이 가능합니다. 문자는 [1]배송 준비 알림 [2]배송 완료 알림(송장번호) 총 2번 발송됩니다. 결제 후 1~2일 안에 [1]번 문자를 받지 않으셨을 경우 ☎ 02-882-3333으로 연락부탁드립니다.
배송 안내
50,000원 이상
이상구입 시 무료 배송이며, 50,000원 미만은 2,500원이 합산되어 부과됩니다.
◇ 본 상품의 평균 배송일은 입금 확인 후 평일기준 1~3일입니다. 단, 상품이 품절, 개정 등의 사유로 배송이 1~2일정도 지연될 수 있습니다.
평일 오후 5시까지 결재 확인시<<토&일&공휴일 발송 불가>> 우체국택배를 이용하여 당일 발송이 되며 발송 후 1~2일안에 상품을 수령하실 수 있습니다.
◇ 저희서점에서 물건을 발송하는 당일날짜로 주문상태가 배송완료로 기록되며, 실제 고객님이 상품을 수령하는 날은 배송완료 이후 1~2일(48시간) 소요됩니다.
◇ 제주도 및 도서 지역은 별도의 비용(6,500원)이 청구됩니다. 단, 50,000원 이상 주문시 2,500원 차감된 4,000원이 청구됩니다.

교환 및 반품정보
◇ 반품 택배비 : 고객님의 변심으로 인한 교환/환불시에는 <<착불선택시>> 배송비 3000원~(중량에 따라 차감)을 부담하셔야 합니다. 타택배사 이용 가능합니다.
◇ 도서는 받으신 후 3일 이내에 교환/반품/환불이 가능하며, 상품에 아무런 하자가 없는 경우 소비자의 고객변심에 의한 교환은 상품의 포장상태 등이 전혀 손상되지 않은 경우에 한하여 가능합니다.
◇ 도서비닐커버 서비스를 이용하셨을 경우 도서 반품 시 권당 500원씩 차감되어 환불됩니다.
◇ 신청방법
- 우체국택배( ☎ 1588-1300-><1>)를 이용하셔서 착불 혹은 선불로 선택 후 택배반품신청을 진행해주시면 됩니다. (문자로 보내드린 등기번호 필요) 반품 도서 수령 후 환불 금액에서 배송비(3000원~) 차감됩니다.
- 고객님의 변심으로 인한 교환은 반품 후 재주문해 주셔야 합니다.
- 도서와 함께 주문자의 성함 & 연락처 & 환불원함 의 메모를 반드시 넣어주시기를 부탁드립니다.
- 반품주소 : 서울시 관악구 신림로 23길 16 (일성트루엘) 2층 법문서적 ☎ 02-882-3333
- 자세한 사항이 궁금하시면 마이페이지의 [교환,환불]란 혹은 전화로 문의 부탁드립니다.
◇ 반품/교환 불가
- 출판사의 방침이나 면접,인적성 등 시즌성도서, 봉투모의고사, 8절도서, 서브노트, 상하반기 판례류 등 교환이나 환불이 불가능한 상품도 있음을 유의해 주십시오.
- 소비자의 책임 있는 사유로 상품등이 멸실 또는 훼손된 경우(예, 래핑 제거 등)
- 도서 특성(종이) 및 택배 배송으로 인한 미세 흠집 및 구겨짐의 경우
- 소비자의 요청에 따라 개별적으로 주문 제작되는 상품의 경우(예, 스프링 분철 등)
- 복제가 가능한 상품 등의 포장을 훼손한 경우
- 소비자의 사용, 포장 개봉에 의해 상품 등의 가치가 현저히 감소한 경우
- 시간의 경과에 의해 재판매가 곤란한 정도로 가치가 현저히 감소한 경우
- 배송으로 재판매가 곤란할 정도로 상품가치가 현저히 감소한 경우
- 반송 시 포장미비로 도서가 훼손된 경우