신광은경찰

[책의 특징]

- 개정법령 및 개정규칙(수사권 조정) 완전반영

- 전 직렬 최근 기출문제, 최신판례 완벽반영

체계적이고 완벽한 내용, 형사법 최고의 결정판

“2022년 과목개편 경찰 채용 대비”

[머리말]

｢신광은 형사법｣을 출간하면서...

먼저 신광은 형사법을 명실공히 최고의 수험서로서 자리 잡게 해준 많은 수험생들의 애정과 아낌없는 응원에 진심으로 감사의 인사를 전합니다.

2022년 개편과목에 맞추어 「신광은 형사법」을 출간하면서 기존 형사소송법 교재에서 『수사와 증거』파트만 발췌하여 형사법 교재의 내용을 구성하고 경찰채용 시험의 맞춤형 교재가 되도록 출간하게 되었습니다.

수험생들의 애정에 보답하고 그 기대에 부끄럽지 않은 조력자로서 수험생들의 합격에 밑거름이 될 수 있도록 하기 위해 수험시간과 노력 대비 효율성을 높이고, 정확한 이해와 암기를 위해서 꼭 필요하면서 중요한 설문과 판례를 빠짐없이 수록하였습니다.

「신광은 형사법」의 주요 특징은 다음과 같습니다.

1. 출제경향의 변화에 따른 개정법률 및 개정규칙 완벽 반영

검경 수사권 조정에 관한 개정 법률 및 대통령령, 제312조 제1항 규정을 전부 반영하여 불필요한 내용은 삭제하고, 변경되거나 추가된 내용을 포함시켰다. 또한 최근 출제경향이 법조문과 규칙을 묻는 문제가 많아짐에 따라 개정된 형사법 법령과 규칙은 물론 기출된 법조문과 규칙, 그리고 출제가능한 중요한 법령은 규칙까지 모두 반영하여 법령을 별도로 보지 않아도 충분히 대비할 수 있도록 하였다.

2. 전 직렬의 최근 기출지문 완벽 반영

개편되기 전까지의 기존 경찰채용, 승진 등의 기출지문은 물론 법원직·검찰사무직· 교정직·보호직·소방직 등의 기출지문을 완벽하게 반영함으로써 앞으로의 22년 개편과목 시험을 준비하는 수험생에게 적합한 교재가 되도록 노력하였다.

3. 최신판례와 기출판례 완벽 반영

최근에 시행된 시험을 비롯하여 전 직렬의 시험에 출제된 모든 판례와 올해 새롭게 변경되거나 추가된 최신판례, 그리고 시험에 출제될 가능성이 있는 판례까지 빠짐없이 보충하여 별도의 판례집 없이 기본서만으로 충분히 시험에 대비할 수 있도록 하였다.

4. 기출지문과 중요설문 아이콘 표시로 출제경향 파악 및 문제적응력 향상

주요 기출지문과 중요설문 및 키워드는 으로, 함정에 빠지기 쉬운 지문과 키워드는 등으로 표시해서 중요한 부분과 틀리기 쉬운 부분이 어디인지 한눈에 보이도록 하여 출제경향을 파악하고 문제에 대한 적응력을 높일 수 있게 하였다.

5. 교재의 핵심내용을 강조함으로써 학습효과 증진 및 시간부족의 문제점 해결

교재를 보면서 특히 중요한 부분과 덜 중요한 부분을 구분하여 공부할 수 있도록 핵심내용을 중요도에 따라 색상을 넣거나 굵은 글씨로 처리하여 강조함으로써 빠른 시간안에 주요 내용을 파악하는 데 도움이 되도록하였다. 이는 교재를 전부 읽지 않아도 주요 내용을 알 수 있게 하는 방법으로 적은 시간을 투자하여 보다 신속하고 효과적인 공부를 함으로써 수험생들에게 중요한 절대적인 시간 부족의 문제점을 해결하고자 하였다.

※ 반드시 보아야 하는 중요내용은 칼라로 표시하고, 다음으로 중요한 내용은 굵게 처리를 하여 교재 내용의 중요도를 체크하고 표시된 내용만 봐도 주요 핵심을 모두 파악할 수 있도록 하였다.

「신광은 형사법」은 ‘교재의 단권화’를 통한 공부방법이 필자가 강조하는 것인 만큼 이번에도 그 취지를 살려 별도의 판례집이나 문제집을 보지 않고도 본 교재 한권만으로도 충분히 시험에 대비할 수 있도록 주요 판례, 중요 설문 등 시험에 꼭 필요하고 중요한 내용을 빠짐없이 수록하고자 노력하였습니다.

그동안 신광은 형사법 교재 출간에 앞서 아낌없는 애정과 조언을 해 준 많은 수험생들에게 진심으로 감사의 인사를 전하며, 모쪼록 본서를 통해 수험생들이 형사법에서 만점의 성과를 거둘 수 있기를 기원합니다.

더불어 수험준비로 힘든 생활 속에서도 건강 잃지 않기를 바라며, 성실하고 능력있는 공무원이 되고자 하는 자신이 원하는 꿈을 이룰 수 있기를 희망합니다.

Bravo your life!!

편저자신광은

제1편 수사

제1장수사

제1절수사의 의의와 구조

Ⅰ수사의 의의

Ⅱ수사의 구조

Ⅲ수사의 조건

제2절수사기관과 피의자

Ⅰ수사기관

Ⅱ피의자

제3절수사의 개시

Ⅰ수사의 단서

Ⅱ불심검문

Ⅲ변사자의 검시

Ⅳ고소

Ⅴ고발

Ⅵ자수

Ⅶ수사의 개시

제4절임의수사

Ⅰ임의수사와 강제수사의 구별

Ⅱ임의수사의 원칙과 강제수사의 규제

Ⅲ임의수사의 적법성의 한계

Ⅳ임의수사의 방법

제5절체포와 구속

Ⅰ강제처분과 강제수사

Ⅱ체포영장에 의한 체포

Ⅲ긴급체포

Ⅳ현행범인 체포

Ⅴ구속

Ⅵ체포·구속적부심사제도

Ⅶ보석

Ⅷ구속의 집행정지

Ⅸ구속의 실효(구속취소와 당연실효)

Ⅹ피의자·피고인의 접견교통권

제6절압수·수색·검증

Ⅰ압수·수색

Ⅱ수사상의 검증

Ⅲ수사상의 감정

Ⅳ통신제한조치

Ⅴ증거보전과 수사상 증인신문

제2장수사의 종결

제1절검사의 수사종결

Ⅰ수사종결의 의의와 종류

Ⅱ수사종결처분의 통지

Ⅲ압수물의 환부

제2절불기소처분에 대한 불복

Ⅰ검찰항고

Ⅱ재정신청제도(기소강제절차)

Ⅲ헌법소원

제3절공소제기 후의 수사

Ⅰ의의

Ⅱ공소제기 후의 강제수사

Ⅲ공소제기 후의 임의수사

제2편 증거

제1장증거

제1절증거법 일반

Ⅰ증거의 의의

Ⅱ증거의 종류

Ⅲ증거능력과 증명력

제2절증명의 기본원칙

Ⅰ증거재판주의

Ⅱ거증책임

제3절증거능력 관련 문제

Ⅰ위법수집증거배제법칙

Ⅱ자백배제법칙

Ⅲ전문법칙

Ⅳ전문법칙 관련 문제

Ⅴ당사자 동의와 증거능력

제4절증명력 관련 문제

Ⅰ자유심증주의

Ⅱ탄핵증거

Ⅲ자백의 보강법칙

Ⅳ공판조서의 배타적 증명력

총론: 455페이지, 각론: 557페이지, 부록: 214페이지

제1부❙형법 총론

법학의 기초개념 / 1

제1편 형법서론

제1장 ❙형법의 기본개념 / 10

제1절 법률과 형법의 개념 ······························10

제2절 형법의 기능 ···········································11

제3절 형법의 발전 ··········································12

 심화이론 01 형법기능과 학파대립 ·············13

제2장 ❙죄형법정주의 / 15

제1절 죄형법정주의의 개관 ····························15

제2절 죄형법정주의의 내용 ····························16

Ⅰ 법률주의(관습형법금지원칙, 포괄위임금지원칙)

·································································16

Ⅱ 명확성원칙 ················································19

Ⅲ 소급금지원칙(형벌불소급원칙) ···················25

Ⅳ 유추해석금지원칙 ·····································30

Ⅴ 적정성원칙 ···············································48

제3장 ❙형법의 적용범위 / 50

제1절 형법의 시간적 적용범위 ·······················50

Ⅰ 제1조 1항의 해석 ·······································50

Ⅱ 제1조 2항의 해석 ······································52

Ⅲ 제1조 3항의 해석 ······································55

Ⅳ 제1조 2항·3항의 예외 ·······························56

Ⅴ 한시법과 백지형법 ····································63

 심화이론 02 한시법과 추급효 ··················64

제2절 형법의 장소적 적용범위 ······················65

Ⅰ 속지주의 ···················································65

Ⅱ 기국주의 ···················································66

Ⅲ 속인주의 ···················································66

Ⅳ 제5조의 보호주의 ·····································67

Ⅴ 제6조의 보호주의 ·····································68

Ⅵ 세계주의 ···················································69

Ⅶ 국가간 법률충돌의 해결 ···························69

제3절 형법의 인적 적용범위 ···························71

제4절 특별법과의 관계 ···································72

제2편 범죄론

제1장 ❙범죄론의 기초 / 76

제1절 범죄의 요건 ··········································76

 심화이론 03 행위론 ··································79

제2절 범죄의 의의와 종류 ······························81

제3절 결과반가치와 행위반가치 ····················85

제2장 ❙구성요건론 / 86

제1절 구성요건의 일반이론 ····························86

 심화이론 04 구성요건 일반론 ··················87

제2절 행위의 주체와 객체 ······························89

Ⅰ 행위의 주체 ··············································89

Ⅱ 행위의 객체 ··············································92

 심화이론 05 법인의 범죄능력과 양벌규정 ·· 93

제3절 부작위범 ···············································97

Ⅰ 행위의 종류 ··············································97

Ⅱ 부작위범의 종류 ·······································97

Ⅲ 부작위범의 요건 ·······································99

Ⅳ 법적 작위의무 ·········································100

Ⅴ 작위와 부작위의 적용 ······························102

Ⅵ 관련문제 ··················································103

 심화이론 06 부작위범 ·····························104

제4절 인과관계와 객관적 귀속 ····················108

Ⅰ 인과관계의 의의 ······································108

Ⅱ 인과관계에 관한 학설 ·····························108

Ⅲ 인과관계의 유형 ······································108

Ⅳ 인과관계의 입증 ·······································111

 심화이론 07 인과관계 ······························116

제5절 구성요건적 고의 ·································122

Ⅰ 고의의 개관 ·············································122

Ⅱ 고의의 인식대상 ······································122

Ⅲ 고의의 종류 ·············································123

 심화이론 08 구성요건적 고의 ·················128

제6절 구성요건적 착오 ·································131

Ⅰ 구성요건적 착오의 의의 ···························131

Ⅱ 구성요건적 착오의 종류 ···························131

Ⅲ 협의의 착오의 종류 ·································132

Ⅳ 판례와 학설의 해결 ·································133

Ⅴ 사례의 해결 ·············································134

Ⅵ 병발사례 ··················································135

Ⅶ 개괄적 고의 과실 ·····································136

 심화이론 09 구성요건적 착오 ·················137

제7절 과실범 ·················································140

Ⅰ 과실범의 개관 ·········································140

Ⅱ 과실범의 구성요건 ··································144

Ⅲ 관련문제 ··················································145

Ⅳ 과실 관련판례 ·········································145

Ⅴ 신뢰의 원칙 ·············································153

Ⅵ 신뢰원칙 관련판례 ··································153

 심화이론 10 과실범 ·································162

제8절 결과적 가중범 ····································164

Ⅰ 결과적 가중범의 의미 ······························164

Ⅱ 결과적 가중범의 종류 ······························164

Ⅲ 구성요건 ··················································165

Ⅳ 행위책임주의 ···········································166

Ⅴ 관련문제 ··················································169

 심화이론 11 결과적 가중범 ······················173

제3장 ❙위법성론 / 176

제1절 위법성의 일반이론 ······························176

 심화이론 12 위법성 일반이론 ··················177

제2절 정당방위 ·············································180

Ⅰ 정당방위의 개념 ······································180

Ⅱ 성립요건 ··················································180

Ⅲ 정당방위의 효과 ······································186

Ⅳ 기타의 방위 ·············································186

 심화이론 13 정당방위 ······························188

제3절 긴급피난 ·············································190

Ⅰ 긴급피난의 개념 ······································190

Ⅱ 성립요건 ··················································190

Ⅲ 긴급피난의 효과 ·······································191

Ⅳ 기타의 피난 ·············································192

Ⅴ 의무의 충돌 ·············································193

 심화이론 14 긴급피난 ······························194

제4절 자구행위 ·············································196

Ⅰ 자구행위의 개념 ······································196

Ⅱ 자구행위의 요건 ······································196

Ⅲ 자구행위의 효과 ······································197

Ⅳ 과잉자구행위와 야간과잉자구행위 ··········197

제5절 피해자의 승낙 ····································199

Ⅰ 동의의 효력 ·············································199

Ⅱ 양해 ························································200

Ⅲ 피해자의 승낙 ·········································201

Ⅳ 추정적 승낙 ············································203

 심화이론 15 추정적 승낙 ························204

제6절 정당행위 ············································205

Ⅰ 법령에 의한 행위 ····································205

Ⅱ 업무로 인한 행위 ·····································212

Ⅲ 기타 사회상규에 합치하는 행위 ··············214

제4장 ❙책임론 / 224

제1절 책임의 일반이론 ·································224

Ⅰ 책임주의 ·················································224

Ⅱ 책임의 근거 ············································224

Ⅲ 책임의 본질 ············································225

Ⅳ 범죄체계론 ··············································225

 심화이론 16 범죄체계론 ··························226

제2절 책임능력 ············································230

Ⅰ 책임능력의 개념 ·····································230

Ⅱ 책임무능력자 ··········································230

Ⅲ 한정책임능력자 ·······································235

Ⅳ 아청법의 제한 ·········································236

Ⅴ 원인에 있어서 자유로운 행위 ··················237

 심화이론 17 원인에 있어서 자유로운 행위

·······························································239

제3절 위법성의 인식과 금지착오 ·················241

Ⅰ 금지착오의 개념 ······································241

Ⅱ 금지착오의 유형 ······································241

Ⅲ 금지착오의 효과 ·····································242

Ⅳ 위법성조각사유의 전제사실의 착오(위전착)

·······························································251

 심화이론 18 각종 착오 ····························253

제4절 기대가능성 ·········································257

Ⅰ 기대가능성의 판단기준 ···························257

Ⅱ 기대불가능성의 유형 ······························259

Ⅲ 강요된 행위 ············································259

제5장 ❙미수론 / 263

제1절 미수범의 일반이론 ·····························263

Ⅰ 범죄실현의 단계 ·····································263

Ⅱ 선전·선동의 개념 ····································263

제2절 음모·예비죄 ·······································264

Ⅰ 음모·예비의 개념 ····································264

Ⅱ 관련문제 ·················································265

Ⅲ 음모예비 처벌규정 ··································266

Ⅳ 음모예비의 법적성격 ·······························271

제3절 장애미수 ·············································272

Ⅰ 개념 ························································272

Ⅱ 요건과 효과 ·············································272

Ⅲ 실행의 착수 ·············································273

Ⅳ 관련문제 ·················································280

 심화이론 19 장애미수 ······························281

제4절 중지미수 ·············································283

Ⅰ 개념 ························································283

Ⅱ 요건과 효과 ············································283

Ⅲ 자의성 ·····················································283

Ⅳ 범행중지 또는 결과방지 ··························285

Ⅴ 공범과 중지미수 ·····································286

Ⅵ 관련문제 ·················································287

 심화이론 20 중지미수 ····························288

제5절 불능미수 ·············································292

Ⅰ 개념 ························································292

Ⅱ 요건과 효과 ············································292

Ⅲ 불능미수의 판단 ·····································294

 심화이론 21 불능미수 ·····························297

제6장 ❙공범론 / 299

제1절 공범의 일반이론 ·································299

Ⅰ 서설 ························································299

Ⅱ 필요적 공범 ············································299

Ⅲ 정범과 공범의 관계 ································303

Ⅳ 기도된 교사·방조 ···································304

 심화이론 22 공범 일반이론 ····················305

제2절 간접정범 ············································308

Ⅰ 정범과 공범의 구별 ································308

Ⅱ 간접정범의 이용행위 ·······························310

Ⅲ 간접정범의 처벌 ······································312

Ⅳ 간접정범과 착오 ······································312

Ⅴ 특수교사·방조 ·········································312

Ⅵ 각칙에 문제되는 간접정범 ·······················313

 심화이론 23 간접정범 ·····························314

제3절 공동정범 ·············································316

Ⅰ 공동정범의 개념 ······································316

Ⅱ 주관적 요건 ·············································317

Ⅲ 객관적 요건 ············································324

Ⅳ 공동정범의 책임 ·····································330

제4절 동시범과 합동범 ·································331

Ⅰ 동시범 ·····················································331

Ⅱ 합동범 ····················································334

 심화이론 24 공동정범 동시범 합동범 ·····336

제5절 교사범 ················································340

Ⅰ 개념 ························································340

Ⅱ 성립요건 ·················································340

Ⅲ 교사의 착오 ············································344

Ⅳ 관련문제 ·················································345

 심화이론 25 교사범 ································346

제6절 방조범 ················································348

Ⅰ 개념 ························································348

Ⅱ 성립요건 ·················································349

Ⅲ 방조의 착오 ············································353

Ⅳ 관련문제 ·················································353

제7절 공범과 신분 ········································357

Ⅰ 형법상 신분 ············································357

Ⅱ 적극적 신분(제33조의 해석) ·····················358

Ⅲ 소극적 신분 ·············································361

 심화이론 26 공범과 신분 ························362

제3편 죄수형벌론

제1장 ❙죄수론 / 368

제1절 죄수의 일반이론 ·································368

Ⅰ 죄수론의 의의 ·········································368

Ⅱ 죄수결정의 기준 ·····································368

제2절 법조경합 ·············································369

Ⅰ 특별관계 ·················································369

Ⅱ 보충관계 ·················································370

Ⅲ 흡수관계 ··················································371

Ⅳ 택일관계 ·················································373

제3절 포괄일죄 ·············································374

Ⅰ 상습범의 개념 ·········································374

Ⅱ 상습범의 기판력 ·····································374

Ⅲ 상습범과 영업범 관련 판례 ·····················375

제4절 상상적 경합 ········································381

Ⅰ 개념 ·························································381

Ⅱ 요건 ·························································381

Ⅲ 효과 ·························································381

제5절 실체적 경합 ········································387

Ⅰ 경합범의 개념 ·········································387

Ⅱ 실체법적 요건 ·········································387

Ⅲ 소송법적 요건 ·········································387

Ⅳ 경합범의 효과 ·········································389

Ⅴ 경합범 판례 정리 ····································390

 심화이론 27 실체적 경합범 ····················395

제2장 ❙형벌론 / 399

제1절 형벌의 종류 ········································399

Ⅰ 형벌의 종류 ············································399

Ⅱ 사형 ························································399

Ⅲ 자유형 –징역 금고 구류 ························400

Ⅳ 명예형 –자격상실 자격정지 ···················400

Ⅴ 재산형 –벌금 과료 몰수 ·························401

제2절 형의 양정 ············································411

Ⅰ 양형단계 ··················································411

Ⅱ 양형기준 ··················································411

Ⅲ 형의 가중 감경 면제 ································412

Ⅳ 미결구금 ··················································415

Ⅴ 판결의 공시 ·············································416

Ⅵ 자수와 자복 ·············································416

Ⅶ 형사절차의 개관 ······································419

제3절 누범 ····················································420

Ⅰ 서설 ························································420

Ⅱ 누범가중의 요건 ······································421

Ⅲ 누범의 효과 ············································423

Ⅳ 특가법상 누범 ·········································423

제4절 선고유예·집행유예·가석방 ················425

Ⅰ 선고유예 ·················································425

Ⅱ 집행유예 ·················································428

Ⅲ 가석방 ·····················································432

Ⅳ 종합정리 ·················································433

 심화이론 28 누범과 집행유예 ·················434

제5절 형의 시효·소멸·기간 ·························436

Ⅰ 형의 시효 ················································436

Ⅱ 형의 소멸 ················································437

Ⅲ 사면·감형·복권 ······································438

Ⅳ 형의 기간 ················································439

제6절 보안처분 ············································440

Ⅰ 서설 ························································440

Ⅱ 형벌과 보안처분의 관계 ·························440

Ⅲ 현행법상 보안처분 ··································440

제2부❙형법 각론

제4편 개인적 법익

제1장 ❙생명과 신체에 대한 죄 / 10

제1절 살인의 죄 ··············································10

Ⅰ 서설 ··························································10

Ⅱ 살인죄 ·······················································10

Ⅲ 존속살해죄 ················································14

Ⅳ 영아살해죄 ················································15

Ⅴ 기타범죄 ····················································16

제2절 상해와 폭행의 죄 ··································18

Ⅰ 서설 ···························································18

Ⅱ 상해죄와 폭행죄의 비교 ····························18

Ⅲ 상해죄 ·······················································19

Ⅳ 폭행죄 ·······················································24

제3절 과실치사상의 죄 ···································31

Ⅰ 서설 ···························································31

Ⅱ 과실치사상죄 ·············································31

제4절 낙태의 죄 ·············································34

Ⅰ 서설 ··························································34

Ⅱ 낙태죄 ······················································35

Ⅲ 헌법불합치 결정 ·······································36

제5절 유기와 학대의 죄 ·································37

Ⅰ 서설 ··························································37

Ⅱ 유기죄 ·······················································37

Ⅲ 기타 범죄 ··················································39

제2장 ❙자유에 대한 죄 / 42

제1절 협박의 죄 ··············································42

Ⅰ 서설 ··························································42

Ⅱ 협박죄 ·······················································42

Ⅲ 기타 범죄 ··················································48

제2절 강요의 죄 ·············································49

Ⅰ 서설 ··························································49

Ⅱ 강요죄 ······················································49

Ⅲ 기타 범죄 ··················································51

제3절 체포와 감금의 죄 ·································53

Ⅰ 서설 ··························································53

Ⅱ 체포·감금죄 ··············································53

Ⅲ 기타 범죄 ··················································57

제4절 약취와 유인의 죄 ·································59

Ⅰ 서설 ··························································59

Ⅱ 조문의 분석 - 2013년 개정 ······················59

Ⅲ 미성년자 약취·유인죄 ······························60

Ⅳ 기타 범죄 ··················································63

제5절 강간과 추행의 죄 ·································66

Ⅰ 서설 ··························································66

Ⅱ 조문의 분석 ··············································66

Ⅲ 강간죄 ······················································66

Ⅳ 기타 범죄 ···················································71

Ⅴ 성폭력범죄 처벌 특례법 ····························77

Ⅵ 아동·청소년의 성보호에 관한 법률 ···········81

제3장 ❙명예와 신용에 대한 죄 / 83

제1절 명예에 관한 죄 ·····································83

Ⅰ 서설 ··························································83

Ⅱ 조문의 분석 ··············································83

Ⅲ 명예훼손죄 ···············································83

Ⅳ 기타 범죄 ··················································96

제2절 신용에 관한 죄 ···································102

Ⅰ 서설 ·························································102

Ⅱ 조문의 분석 ·············································102

Ⅲ 신용훼손죄 ··············································102

제3절 업무방해죄 ·········································104

Ⅰ 서설 ·························································104

Ⅱ 업무방해죄 ··············································104

Ⅲ 기타 범죄 ·················································119

제4장 ❙사생활의 평온에 대한 죄 / 123

제1절 비밀침해의 죄 ·····································123

Ⅰ 서설 ·························································123

Ⅱ 개인의 비밀 ·············································123

제2절 주거침입의 죄 ·····································125

Ⅰ 서설 ·························································125

Ⅱ 조문의 분석 ·············································126

Ⅲ 주거침입죄 ··············································126

Ⅳ 기타 범죄 ·················································132

제5장 ❙재산에 대한 죄 / 135

제1절 재산죄의 기본개념 ······························135

Ⅰ 재산죄의 분류 ·········································135

Ⅱ 재산죄의 객체 ·········································136

Ⅲ 형법상 점유 ··············································141

Ⅳ 불법영득의사 ···········································147

Ⅴ 친족상도례 ··············································152

제2절 절도의 죄 ············································157

Ⅰ 서설 ·························································157

Ⅱ 절도죄 ·····················································157

Ⅲ 기타 범죄 ················································160

제3절 강도의 죄 ············································162

Ⅰ 서설 ·························································162

Ⅱ 강도죄 ·····················································162

Ⅲ 특수강도죄 ··············································165

Ⅳ 준강도죄 ··················································166

Ⅴ 기타 범죄 ················································170

제4절 사기의 죄 ············································177

Ⅰ 서설 ·························································177

Ⅱ 사기죄 ······················································177

Ⅲ 삼각사기 ·················································204

Ⅳ 신용카드 관련 범죄 ··································211

Ⅴ 기타 범죄 ················································216

제5절 공갈의 죄 ············································221

Ⅰ 서설 ·························································221

Ⅱ 공갈죄 ·····················································221

Ⅲ 기타 범죄 ················································226

제6절 횡령의 죄 ············································227

Ⅰ 서설 ························································227

Ⅱ 횡령죄의 본질 ·········································227

Ⅲ 횡령죄 ·····················································227

Ⅳ 기타의 횡령죄 ·········································256

Ⅴ 기타 범죄 ················································259

제7절 배임의 죄 ···········································260

Ⅰ 서설 ························································260

Ⅱ 횡령죄와 배임죄의 관계 ··························261

Ⅲ 주체 - 대행자(고용, 위임) ························262

Ⅳ 주체 - 협력자(매도등기, 계주, 공법상 채권)

·······························································274

Ⅴ 기타 문제들 ············································289

Ⅵ 기타 범죄들 ············································295

제8절 장물의 죄 ···········································303

Ⅰ 서설 ························································303

Ⅱ 장물죄의 본질 ·········································303

Ⅲ 장물의 개념 ············································304

Ⅳ 장물죄 ·····················································307

Ⅴ 기타 범죄 ·················································311

제9절 손괴의 죄 ············································313

Ⅰ 서설 ·························································313

Ⅱ 재물손괴죄 ··············································313

Ⅲ 기타 범죄 ·················································317

제10절 권리행사를 방해하는 죄 ··················320

Ⅰ 서설 ························································320

Ⅱ 권리행사방해죄 ······································320

Ⅲ 기타 범죄 ················································326

Ⅳ 강제집행면탈죄 ·······································326

제5편 사회적 법익

제1장 ❙공공의 안전과 평온에 대한 죄 / 336

제1절 공안을 해하는 죄 ································336

Ⅰ 서설 ························································336

Ⅱ 공안을 해하는 죄 ····································336

제2절 폭발물에 관한 죄 ·······························340

Ⅰ 서설 ························································340

Ⅱ 폭발물에 관한 죄 ····································340

제3절 방화와 실화의 죄 ·······························342

Ⅰ 서설 ························································342

Ⅱ 현주건조물등방화죄 ································343

Ⅲ 기타 범죄 ················································345

제4절 일수와 수리에 관한 죄 ······················349

Ⅰ 서설 ························································349

Ⅱ 일수와 수리에 관한 죄 ····························349

제5절 교통방해의 죄 ····································352

Ⅰ 서설 ························································352

Ⅱ 일반교통방해죄 ·······································352

Ⅲ 기타 범죄 ················································356

제2장 ❙공중의 건강에 대한 죄 / 358

제1절 음용수에 관한 죄 ································358

Ⅰ 서설 ························································358

Ⅱ 음용수에 관한 죄 ····································358

제2절 아편에 관한 죄 ··································360

Ⅰ 서설 ························································360

Ⅱ 아편에 관한 죄 ·······································360

제3장 ❙공공의 신용에 대한 죄 / 362

제1절 통화에 관한 죄 ···································362

Ⅰ 서설 ························································362

Ⅱ 통화위조·변조죄 ·····································362

Ⅲ 기타 범죄 ················································365

제2절 유가증권·인지·우표에 관한 죄 ··········367

Ⅰ 서설 ························································367

Ⅱ 유가증권 위조·변조죄 ·····························367

Ⅲ 자격모용에 의한 유가증권작성죄 ············373

Ⅳ 허위유가증권작성죄 ································374

Ⅴ 각 범죄의 비교 ········································375

Ⅵ 기타 범죄 ················································378

제3절 문서에 관한 죄 ··································380

Ⅰ 서설 ························································380

Ⅱ 문서 위조·변조죄 ···································380

Ⅲ 자격모용에 의한 문서작성죄 ··················395

Ⅳ 전자기록 위작·변작죄 ····························398

Ⅴ 허위문서작성죄 ······································400

Ⅵ 공정증서원본 등 불실기재죄 ···················407

Ⅶ 기타 범죄 ················································414

제4절 인장에 관한 죄 ···································418

Ⅰ 서설 ·························································418

Ⅱ 인장에 관한 죄 ········································418

제4장 ❙사회의 도덕에 대한 죄 / 421

제1절 성풍속에 관한 죄 ································421

Ⅰ 서설 ·························································421

Ⅱ 성풍속에 관한 죄 ·····································421

제2절 도박과 복표에 관한 죄 ·······················426

Ⅰ 서설 ························································426

Ⅱ 도박과 복표에 관한 죄 ····························426

제3절 신앙에 관한 죄 ··································430

Ⅰ 서설 ························································430

Ⅱ 신앙에 관한 죄 ·······································430

제6편 국가적 법익

제1장 ❙국가의 존립과 권위에 대한 죄 / 436

제1절 내란의 죄 ············································436

Ⅰ 서설 ························································436

Ⅱ 내란죄 ····················································436

제2절 외환의 죄 ···········································438

Ⅰ 서설 ························································438

Ⅱ 외환죄 ····················································438

제3절 국기에 관한 죄 ···································443

Ⅰ 서설 ························································443

Ⅱ 국기에 관한 죄 ·······································443

제4절 국교에 관한 죄 ···································444

Ⅰ 서설 ························································444

Ⅱ 국교에 관한 죄 ·······································444

제2장 ❙국가의 기능에 대한 죄 / 447

제1절 공무원의 직무에 관한 죄 ····················447

Ⅰ 서설 ························································447

Ⅱ 공무원의 개념 ·········································447

Ⅲ 직무유기죄 ·············································448

Ⅳ 직권남용죄 ·············································454

Ⅴ 기타 범죄 ················································459

제2절 뇌물에 관한 죄 ···································462

Ⅰ 서설 ························································462

Ⅱ 뇌물성 ·····················································462

Ⅲ 뇌물에 관한 죄 ·······································469

Ⅳ 뇌물의 몰수·추징 ···································484

제3절 공무방해에 관한 죄 ···························489

Ⅰ 서설 ························································489

Ⅱ 공무집행방해죄 ······································489

Ⅲ 위계에 의한 공무집행방해죄 ··················499

Ⅳ 기타 범죄 ················································507

제4절 도주죄 ·················································518

Ⅰ 서설 ·························································518

Ⅱ 도주죄 ·····················································518

제5절 범인은닉의 죄 ····································520

Ⅰ 서설 ························································520

Ⅱ 범인은닉죄 ·············································520

제6절 증거인멸의 죄 ····································526

Ⅰ 서설 ························································526

Ⅱ 증거인멸죄 ··············································526

Ⅲ 기타 범죄 ················································529

Ⅳ 친족간 특례 ············································530

제7절 위증죄 ·················································531

Ⅰ 서설 ·························································531

Ⅱ 위증죄 ·····················································531

Ⅲ 기타 위증죄 ············································537

제8절 무고죄 ················································538

Ⅰ 서설 ························································538

Ⅱ 무고죄 ····················································538

Ⅲ 자수·자백의 특례 ·································