2025년 04월 09일 출간 | ISBN : 119293010X | 456쪽

형법 총론 제1편 서론 제1장│형법의 기본개념 제1절 형법의 의의····························································································· 3 제2절 형법의 기능···························································································· 4 제3절 형법이론 ································································································ 5 제4절 죄형법정주의··························································································· 7 제2장│형법의 적용범위 제1절 시간적 적용범위···················································································· 31 제2절 장소적 적용범위··················································································· 40 제1항 입법주의 / 40 제2항 형법의 태도 / 40 제3절 인적 적용범위······················································································· 46 제2편 범죄론 제1장│범죄론의 기초 제1절 범죄의 의의와 종류··············································································· 59 제1항 범죄의 개념 / 49 제2항 범죄의 성립요건·처벌조건·소추조건 / 49 제3항 범죄의 종류 / 52 제2절 행위론··································································································· 58 제3절 범죄체계론···························································································· 5 제2장│구성요건론 제1절 구성요건 이론······················································································· 60 제1항 서설 / 60 제2항 구성요건 요소 / 62 제2절 행위반가치와 결과반가치······································································ 64 제3절 범죄의 주체와 객체·············································································· 67 제1항 범죄(행위)의 주체 / 67 제2항 범죄(행위)의 객체와 보호의 객체 / 72 제4절 부작위범································································································ 73 제1항 서설 / 73 제2항 부작위범의 성립요건 / 76 제3항 부작위범의 처벌 / 83 제4항 관련문제 / 84 제5절 인과관계와 객관적 귀속이론································································· 87 제1항 인과관계 / 87 제2항 객관적 귀속이론 / 94 제6절 구성요건적 고의···················································································· 97 제1항 서설 / 97 제2항 고의의 본질과 내용 / 97 제3항 고의의 종류 / 100 제4항 고의의 존재시기 / 106 제7절 구성요건적 착오(사실의 착오) ····························································· 107 제1항 서설 / 107 제2항 구성요건적 착오의 종류 / 107 제3항 구성요건적 착오와 고의의 성부 / 108 제4항 관련문제 / 111 제8절 과실범·································································································· 112 제1항 서설 / 113 제2항 과실범의 성립요건 / 116 제3항 객관적 주의의무의 제한원리 / 120 제4항 관련문제 / 128 제9절 결과적 가중범····················································································· 129 제1항 서설 / 129 제2항 결과적 가중범의 성립요건 / 132 제3항 관련문제 / 136 제3장│위법성론 제1절 위법성의 일반이론··············································································· 139 제1항 서설 / 139 제2항 위법성조각사유 / 140 제2절 정당방위······························································································ 142 제1항 서설 / 142 제2항 정당방위의 성립요건 / 142 제3항 과잉방위와 오상방위 / 152 제3절 긴급피난······························································································ 155 제1항 서설 / 155 제2항 긴급피난의 성립요건 / 155 제3항 긴급피난의 효과와 특칙 / 160 제4항 과잉피난 / 160 제5항 의무의 충돌 / 161 제4절 자구행위······························································································ 163 제1항 서설 / 163 제2항 성립요건 / 163 제3항 자구행위의 효과 / 166 제5절 피해자의 승낙······················································································ 167 제1항 서설 / 167 제2항 피해자 승낙의 성립요건 / 169 제3항 피해자 승낙의 효과 / 173 제4항 추정적 승낙 / 173 제6절 정당행위······························································································ 176 제1항 의의 / 176 제2항 법령에 의한 행위 / 176 제3항 업무로 인한 행위 / 184 제4항 사회상규에 위배되지 않는 행위 / 189 제4장│책임론 제1절 책임이론······························································································ 199 제1항 서설 / 199 제2항 책임의 근거 / 200 제3항 책임의 본질 / 201 제2절 책임능력····························································································· 203 제1항 서설 / 203 제2항 책임무능력자 / 204 제3항 한정책임능력자 / 209 제4항 원인에 있어서 자유로운 행위 / 211 제3절 위법성의 인식····················································································· 215 제4절 법률의 착오(금지착오) ········································································ 218 제5절 위법성조각사유의 전제사실에 대한 착오의 효과································ 226 제6절 기대가능성·························································································· 230 제1항 서설 / 230 제2항 강요된 행위 / 235 제5장│미수론 제1절 범죄의 실현단계·················································································· 239 제2절 예비·음모죄······················································································ 240 제1항 서설 / 240 제2항 예비죄의 성립요건 / 241 제3항 예비죄의 처벌 / 244 제4항 관련문제 / 245 제3절 미수범의 일반이론·············································································· 247 제1항 서설 / 247 제2항 미수범의 체계와 처벌 / 248 제4절 장애미수····························································································· 250 제1항 의의 / 250 제2항 장애미수의 성립요건 / 250 제3항 처벌 / 260 제5절 중지미수······························································································ 261 제1항 의의 / 261 제2항 중지미수의 성립요건 / 261 제3항 처벌 / 265 제4항 공범과 중지미수 / 265 제6절 불능미수······························································································ 267 제1항 의의 / 267 제2항 구별개념 / 267 제3항 불능미수의 성립요건 / 269 제6장│정범 및 공범론 제1절 정범과 공범의 일반이론······································································ 273 제1항 공범의 분류 / 273 제2항 정범과 공범의 구별 / 277 제3항 공범의 종속성 / 279 제4항 공범의 처벌근거 / 281 제2절 공동정범이론······················································································· 282 제1항 서설 / 282 제2항 공동정범의 성립요건 / 284 제3항 공동정범의 처벌 / 297 제3절 간접정범····························································································· 302 제1항 간접정범의 개념 / 302 제2항 간접정범의 성립요건 / 302 제3항 처벌 / 307 제4항 관련문제 / 308 제4절 교사범·································································································· 311 제1항 서설 / 311 제2항 교사범의 성립요건 / 311 제3항 교사의 미수 / 316 제4항 교사의 착오 / 317 제5항 교사범의 처벌 / 319 제6항 관련문제 / 320 제5절 종범(방조범) ························································································ 321 제1항 서설 / 321 제2항 종범의 성립요건 / 321 제3항 종범의 처벌 / 330 제4항 종범의 착오 기타 / 331 제6절 공범과 신분························································································ 332 제1항 서설 / 332 제2항 제33조의 해석 / 334 제3항 소극적 신분과 공범 / 339 제7장│죄수론 제1절 죄수의 일반이론·················································································· 341 제1항 죄수론의 의의 / 341 제2항 죄수결정의 기준 / 341 제2절 일 죄··································································································· 344 제1항 서설 / 344 제2항 법조경합 / 344 제3항 포괄일죄 / 352 제3절 수 죄··································································································· 357 제1항 서설 / 357 제2항 상상적 경합 / 357 제3항 실체적 경합 / 363 제3편 형벌론 제1절 형벌의 종류························································································· 375 제1항 서설 / 375 제2항 사형 / 375 제3항 자유형 / 377 제4항 재산형 / 377 제5항 명예형 / 392 제2절 형의 양정(양형) ·················································································· 393 제1항 서설 / 393 제2항 형의 가중·감경·면제 / 394 제3항 형의 가중·감경례 / 400 제4항 양형의 조건 / 401 제5항 판결선고전 구금일수의 산입과 판결의 공시 / 402 제3절 누 범·································································································· 404 제1항 서설 / 404 제2항 누범가중의 요건 / 404 제3항 누범의 효과 / 408 제4절 형의 유예제도····················································································· 409 제1항 선고유예 / 409 제2항 집행유예 / 412 제3항 가석방 / 418 제5절 형의 시효와 소멸················································································ 422 제1항 형의 시효 / 422 제2항 형의 소멸·실효·복권·사면 / 424 제6절 보안처분····························································································· 426 제1항 보안처분의 일반론 / 426 제2항 보안처분의 종류 / 426 제3항 현행법상의 보안처분 / 427