형법총론
제1편 형법의 일반이론
제1장 형법의 기본개념
제1절 형법의 의의와 성격 ······················································································ 5
[1] 형법의 의의/ 5 [2] 형법의 성격/ 5
제2절 형법의 기능 ································································································· 7
[1] 규제적 기능/ 7 [2] 보호적 기능/ 7 [3] 보장적 기능/ 8
제3절 형법의 발전 ································································································ 9
[1] 형법의 역사/ 9 [2] 위험사회와 위험형법/ 9
제2장 형법의 기본원리
제1절 죄형법정주의 ······························································································ 11
[1] 죄형법정주의의 의의/ 11 [2] 죄형법정주의의 연혁과 사상적 배경/ 12
[3] 죄형법정주의의 현대적 의의/ 12 [4] 죄형법정주의의 내용/ 13
제2절 형법이론 ···································································································· 40
[1] 형법학파/ 40 [2] 형벌이론/ 43 [3] 범죄이론/ 45
제3장 형법의 적용범위
제1절 형법의 시간적 적용범위 ··············································································· 47
[1] 서 설/ 47 [2] 형법의 태도/ 47 [3] 한시법/ 58
제2절 형법의 장소적 적용범위 ··············································································· 63
[1] 서 설/ 63 [2] 형법의 태도/ 64
제3절 형법의 인적 적용범위 ·················································································· 70
[1] 의 의/ 70 [2] 예 외/ 70
제2편 범 죄 론
제1장 범죄론의 기초
제1절 범죄의 의의와 종류 ····················································································· 75
[1] 범죄의 의의와 본질/ 75 [2] 범죄의 성립요건·처벌조건·소추조건/ 76
[3] 범죄의 종류/ 79
제2절 행위론 ······································································································· 86
[1] 서 설/ 86 [2] 행위론의 종류/ 87
제3절 범죄체계론 ································································································· 90
[1] 범죄체계론의 의의/ 90 [2] 범죄체계론의 현황/ 91
제4절 행위의 주체와 객체 ····················································································· 92
[1] 행위의 주체/ 92 [2] 행위의 객체와 보호의 객체/ 99
제2장 구성요건론
제1절 구성요건의 일반이론 ················································································· 101
[1] 구성요건의 의의/ 101 [2] 구성요건과 위법성의 관계/ 102
[3] 구성요건의 요소/ 103 [4] 구성요건해당성배제사유/ 104
제2절 결과반가치와 행위반가치 ··········································································· 105
[1] 결과반가치와 행위반가치/ 105 [2] 결과반가치론과 행위반가치론/ 105
[3] 결과반가치와 행위반가치의 내용/ 107
제3절 부작위범 ·································································································· 109
[1] 부작위/ 109 [2] 부작위범/ 111
[3] 부진정부작위범의 구성요건/ 115 [4] 관련문제/ 124
제4절 인과관계와 객관적 귀속 ············································································· 127
[1] 서 설/ 127 [2] 인과관계에 관한 학설/ 129
[3] 객관적 귀속이론/ 138 [4] 형법 제17조의 해석/ 144
제5절 구성요건적 고의 ······················································································· 145
[1] 고의의 의의와 본질/ 145 [2] 고의의 체계적 지위/ 146
[3] 고의의 내용/ 147 [4] 고의의 종류/ 149
제6절 구성요건적 착오 ······················································································· 157
[1] 서 설/ 157 [2] 구성요건적 착오의 유형/ 158
[3] 구성요건적 착오에 관한 학설과 판례/ 160
[4] 가감적 구성요건요소에 대한 착오/ 165
[5] 인과관계의 착오와 개괄적 고의/ 167 [6] 관련문제/ 171
제7절 과실범 ····································································································· 172
[1] 서 설/ 172 [2] 과실범의 성립요건/ 176
[3] 객관적 주의의무의 제한원리/ 184 [4] 관련문제/ 191
제8절 결과적 가중범 ·························································································· 192
[1] 서 설/ 192 [2] 결과적 가중범의 성립요건/ 195
[3] 관련문제/ 200
제3장 위법성론
제1절 위법성의 일반이론 ···················································································· 205
[1] 위법성의 의의/ 205 [2] 위법성의 본질/ 206
[3] 위법성의 평가방법/ 207 [4] 위법성조각사유/ 208
제2절 정당방위 ························································································································· 214
[1] 서 설/ 214 [2] 정당방위의 성립요건/ 215
[3] 정당방위의 효과/ 226 [4] 과잉방위와 오상방위/ 227
제3절 긴급피난 ·································································································· 232
[1] 서 설/ 232 [2] 긴급피난의 성립요건/ 234
[3] 긴급피난의 효과/ 240 [4] 과잉피난과 오상피난/ 241
[5] 의무의 충돌/ 241
제4절 자구행위 ·································································································· 246
[1] 서 설/ 246 [2] 자구행위의 성립요건/ 247
[3] 자구행위의 효과/ 251 [4] 과잉자구행위와 오상자구행위/ 251
제5절 피해자의 승낙 ···································································································································· 253
[1] 양 해/ 253 [2] 피해자의 승낙/ 255
[3] 추정적 승낙/ 259
제6절 정당행위 ·································································································· 264
[1] 서 설/ 264 [2] 법령에 의한 행위/ 265
[3] 업무로 인한 행위/ 272 [4] 사회상규에 위배되지 않는 행위/ 277
제4장 책임론
제1절 책임의 일반이론 ······················································································· 286
[1] 서 설/ 286 [2] 책임의 근거/ 287
[3] 책임의 본질/ 289 [4] 책임의 판단/ 292
제2절 책임능력 ·································································································· 294
[1] 서 설/ 294 [2] 책임무능력자/ 295
[3] 한정책임능력자/ 300 [4] 원인에 있어서 자유로운 행위/ 302
제3절 위법성의 인식과 금지착오 ·········································································· 309
[1] 위법성의 인식/ 309 [2] 금지착오/ 313
[3] 위법성조각사유의 전제사실에 대한 착오/ 326
제4절 기대가능성 ······························································································· 330
[1] 기대가능성이론/ 330 [2] 강요된 행위/ 335
[3] 초법규적 책임조각사유/ 338
제5장 미수론
제1절 미수범의 일반이론 ···················································································· 341
[1] 범죄실현의 단계/ 341 [2] 미수범의 처벌근거/ 343
제2절 장애미수 ·································································································· 345
[1] 의 의/ 345 [2] 장애미수의 성립요건/ 345
[3] 장애미수의 처벌/ 352 [4] 관련문제/ 352
제3절 중지미수 ·································································································· 354
[1] 서 설/ 354 [2] 중지미수의 성립요건/ 355
[3] 중지미수의 처벌/ 362 [4] 관련문제/ 362
제4절 불능미수 ·································································································· 366
[1] 서 설/ 366 [2] 불능미수의 성립요건/ 367
[3] 불능미수의 처벌 및 관련문제/ 372
제5절 예비죄 ····································································································· 375
[1] 서 설/ 375 [2] 예비죄의 법적 성격/ 376
[3] 예비죄의 성립요건/ 377 [4] 관련문제/ 380
제6장 정범 및 공범론
제1절 정범·공범의 일반이론 ················································································ 383
[1] 서 설/ 383 [2] 정범과 공범의 구별/ 387
[3] 공범의 종속성과 처벌근거/ 393
제2절 간접정범 ·································································································· 397
[1] 서 설/ 397 [2] 간접정범의 성립요건/ 398
[3] 간접정범의 처벌/ 403 [4] 관련문제/ 403
[5] 특수교사·방조/ 406
제3절 공동정범 ·································································································· 407
[1] 서 설/ 407 [2] 공동정범의 성립요건/ 409
[3] 공동정범의 처벌/ 426 [4] 관련문제/ 427
제4절 교사범 ····································································································· 439
[1] 서 설/ 439 [2] 교사범의 성립요건/ 440
[3] 교사의 착오/ 446 [4] 교사범의 처벌/ 448
[5] 관련문제/ 449
제5절 종 범 ······································································································ 451
[1] 서 설/ 451 [2] 종범의 성립요건/ 452
[3] 종범의 착오/ 459 [4] 종범의 처벌/ 461
[5] 관련문제/ 461
제6절 공범과 신분 ····························································································· 463
[1] 서 설/ 463 [2] 형법 제33조의 해석론/ 465
[3] 소극적 신분과 공범/ 472 [4] 입법론/ 473
제7장 죄수론
제1절 죄수의 일반이론 ······················································································· 474
[1] 죄수론의 의의/ 474 [2] 죄수결정의 기준/ 474
[3] 수죄의 처벌/ 478
제2절 일 죄 ······································································································ 479
[1] 서 설/ 479 [2] 법조경합 / 479 [3] 포괄일죄/ 488
제3절 수 죄 ······································································································ 499
[1] 상상적 경합/ 499 [2] 실체적 경합/ 507
제3편 형 벌 론
제1절 형벌의 종류 ····························································································· 521
[1] 서 설/ 521 [2] 사 형/ 521 [3] 자유형/ 522
[4] 재산형/ 523 [5] 명예형/ 533 [6] 형의 경중/ 534
제2절 형의 양정 ································································································ 536
[1] 의 의/ 536 [2] 형의 양정의 단계/ 536
[3] 형의 가중·감경·면제/ 536 [4] 양 형/ 543
[5] 판결선고 전 구금 및 판결의 공시/ 545
제3절 누 범······································································································· 548
[1] 서 설/ 548 [2] 누범가중의 요건/ 549
[3] 누범의 효과/ 552 [4] 판결선고 후의 누범발각/ 553
제4절 집행유예·선고유예·가석방 ······································································································· 554
[1] 집행유예/ 554 [2] 선고유예/ 560 [3] 가석방/ 563
제5절 형의 시효·소멸·기간 ·················································································· 567
[1] 형의 시효/ 567 [2] 형의 소멸·실효와 복권·사면/ 568
[3] 형의 기간/ 571
제6절 보안처분 ·································································································· 572
[1] 보안처분의 일반이론/ 572 [2] 현행법상의 보안처분/ 575
형법각론
제1편 개인적 법익에 대한 죄
제1장 생명과 신체에 대한 죄
제1절 살인의 죄 ································································································ 585
[1] 총 설/ 585 [2] 살인죄/ 585 [3] 존속살해죄/ 591
[4] 영아살해죄/ 593 [5] 촉탁·승낙살인죄/ 595 [6] 자살교사·방조죄/ 597
[7] 위계·위력에 의한 살인죄/ 601 [8] 살인예비·음모죄/ 602
제2절 상해와 폭행의 죄 ······················································································ 603
[1] 총 설/ 603 [2] 상해죄/ 604 [3] 존속상해죄/ 610
[4] 중상해죄/ 610 [5] 존속중상해죄/ 612 [6] 특수상해죄/ 612
[7] 상해치사죄·존속상해치사죄/ 612 [8] 상해의 동시범특례/ 613
[9] 폭행죄/ 613 [10] 존속폭행죄/ 618 [11] 특수폭행죄/ 618
[12] 폭행치사상죄/ 624 [13] 상습상해·폭행죄/ 625
제3절 과실치사상의 죄 ······················································································· 626
[1] 총 설/ 626 [2] 과실치상죄/ 627 [3] 과실치사죄/ 627
[4] 업무상과실·중과실치사상죄/ 628
제4절 낙태의 죄 ································································································ 639
[1] 총 설/ 639 [2] 자기낙태죄/ 640 [3] 동의낙태죄/ 643
[4] 업무상동의낙태죄/ 643 [5] 부동의낙태죄/ 644 [6] 낙태치사상죄/ 645
제5절 유기와 학대의 죄 ······················································································ 647
[1] 총 설/ 647 [2] 유기죄/ 648 [3] 존속유기죄/ 652
[4] 중유기죄·존속중유기죄/ 652 [5] 영아유기죄/ 652
[6] 학대죄/ 653 [7] 존속학대죄/ 655 [8] 아동혹사죄/ 655
[9] 유기치사상죄/ 656
제2장 자유에 대한 죄
제1절 협박의 죄 ································································································ 657
[1] 총 설/ 657 [2] 협박죄/ 658 [3] 존속협박죄/ 666
[4] 특수협박죄/ 666 [5] 상습협박죄/ 666
제2절 강요의 죄 ································································································ 667
[1] 총 설/ 667 [2] 강요죄/ 667 [3] 특수강요죄/ 672 [4] 중강요죄/ 672
[5] 인질강요죄/ 672 [6] 인질상해·치상죄/ 675 [7] 인질살해·치사죄/ 675
제3절 체포와 감금의 죄 ······················································································ 676
[1] 총 설/ 676 [2] 체포·감금죄/ 676 [3] 존속체포·감금죄/ 682
[4] 중체포·감금죄, 존속중체포·감금죄/ 682 [5] 특수체포·감금죄/ 683
[6] 상습체포·감금죄/ 684 [7] 체포·감금치사상죄/ 684
제4절 약취·유인 및 인신매매의 죄 ······································································· 685
[1] 총 설/ 685 [2] 미성년자 약취·유인죄/ 686
[3] 추행·간음·결혼·영리목적 약취·유인죄/ 691
[4] 노동력 착취·성매매와 성적 착취·장기적출목적 약취·유인죄/ 693
[5] 국외이송목적 약취·유인죄/ 694 [6] 피약취·유인자 국외이송죄/ 694
[7] 인신매매죄/ 695 [8] 추행·간음·결혼·영리목적 인신매매죄/ 696
[9] 노동력 착취·성매매와 성적 착취·장기적출목적 인신매매죄/ 697
[10] 국외이송목적 인신매매죄/ 697 [11] 피매매자 국외이송죄/ 698
[12] 피약취·유인·매매·이송자 상해·치상죄/ 698
[13] 피약취·유인·매매·이송자 살인·치사죄/ 698
[14] 피약취·유인·매매·이송자 수수·은닉죄/ 699
[15] 약취·유인·매매·이송목적 모집·운송·전달죄/ 700
제5절 강간과 추행의 죄 ······················································································ 701
[1] 총 설/ 701 [2] 강간죄/ 703 [3] 유사강간죄/ 708
[4] 강제추행죄/ 710 [5] 준강간죄·준강제추행죄/ 714
[6] 미성년자의제강간·강제추행죄/ 716
[7] 강간상해·치상죄, 강간살인·치사죄/ 717
[8] 미성년자·심신미약자 간음·추행죄/ 722
[9] 피감호자간음죄/ 724 [10] 피구금자간음죄/ 725 [11] 상습범/ 727
제3장 명예와 신용에 대한 죄
제1절 명예에 관한 죄 ························································································· 728
[1] 총 설/ 728 [2] 명예훼손죄/ 729 [3] 사자의 명예훼손죄/ 744
[4] 출판물에 의한 명예훼손죄/ 746 [5] 모욕죄/ 750
제2절 신용·업무와 경매에 관한 죄 ······································································· 754
[1] 총 설/ 754 [2] 신용훼손죄/ 754 [3] 업무방해죄/ 757
[4] 컴퓨터업무방해죄/ 771 [5] 경매·입찰방해죄/ 775
제4장 사생활의 평온에 대한 죄
제1절 비밀침해의 죄 ·························································································· 779
[1] 총 설/ 779 [2] 비밀침해죄/ 780 [3] 업무상비밀누설죄/ 783
제2절 주거침입의 죄 ·························································································· 787
[1] 총 설/ 787 [2] 주거침입죄/ 788 [3] 퇴거불응죄/ 799
[4] 특수주거침입죄/ 801 [5] 주거·신체수색죄/ 802
제5장 재산에 대한 죄
제1절 재산죄의 기본개념 ···················································································· 803
[1] 재산죄의 분류/ 803 [2] 재산죄의 객체/ 804 [3] 형법상의 점유/ 810
[4] 불법영득의사/ 820 [5] 친족상도례/ 830
제2절 절도의 죄 ································································································ 837
[1] 총 설/ 837 [2] 절도죄/ 838 [3] 야간주거침입절도죄/ 848
[4] 특수절도죄/ 850 [5] 자동차 등 불법사용죄/ 855 [6] 상습절도죄/ 858
제3절 강도의 죄 ································································································ 860
[1] 총 설/ 860 [2] 강도죄/ 861 [3] 특수강도죄/ 871
[4] 준강도죄/ 873 [5] 인질강도죄/ 880
[6] 강도상해·치상죄/ 882 [7] 강도살인·치사죄/ 885
[8] 강도강간죄/ 888 [9] 해상강도죄, 해상강도상해·치상·살인·치사·강간죄/ 891
[10] 상습강도죄/ 892 [11] 강도예비·음모죄/ 893
제4절 사기의 죄 ························································································································ 894
[1] 총 설/ 894 [2] 사기죄/ 895
[3] 컴퓨터 등 사용사기죄/ 933 [4] 신용카드 관련범죄/ 938
[5] 준사기죄/ 948 [6] 편의시설부정이용죄/ 949
[7] 부당이득죄/ 951 [8] 상습사기죄/ 953
제5절 공갈의 죄 ································································································ 954
[1] 총 설/ 954 [2] 공갈죄/ 955
[3] 특수공갈죄/ 963 [4] 상습공갈죄/ 963
제6절 횡령의 죄 ································································································ 964
[1] 총 설/ 964 [2] 횡령죄/ 966
[3] 업무상횡령죄/ 1004 [4] 점유이탈물횡령죄/ 1005
제7절 배임의 죄 ······························································································· 1007
[1] 총 설/ 1007 [2] 배임죄/ 1009 [3] 업무상배임죄/ 1041
[4] 배임수재죄/ 1041 [5] 배임증재죄/ 1049
제8절 장물의 죄 ······························································································· 1052
[1] 총 설/ 1052 [2] 장물죄/ 1061
[3] 상습장물죄/ 1068 [4] 업무상과실·중과실장물죄/ 1069
제9절 손괴의 죄 ······························································································· 1070
[1] 총 설/ 1070 [2] 재물손괴죄/ 1070
[3] 공익건조물파괴죄/ 1078 [4] 중손괴죄·손괴치사상죄/ 1079
[5] 특수손괴죄/ 1080 [6] 경계침범죄/ 1080
제10절 권리행사를 방해하는 죄 ········································································· 1084
[1] 총 설/ 1084 [2] 권리행사방해죄/ 1084 [3] 점유강취죄/ 1090
[4] 준점유강취죄/ 1091 [5] 중권리행사방해죄/ 1092
[6] 강제집행면탈죄/ 1092
제2편 사회적 법익에 대한 죄
제1장 공공의 안전과 평온에 대한 죄
제1절 공안을 해하는 죄 ···················································································· 1105
[1] 총 설/ 1105 [2] 범죄단체 등 조직죄/ 1105 [3] 소요죄/ 1110
[4] 다중불해산죄/ 1112 [5] 전시공수계약불이행죄/ 1113
[6] 공무원자격사칭죄/ 1114
제2절 폭발물에 관한 죄 ···················································································· 1117
[1] 총 설/ 1117 [2] 폭발물사용죄/ 1117 [3] 전시폭발물사용죄/ 1119
[4] 폭발물사용 예비·음모·선동죄/ 1119
[5] 전시폭발물 제조·수입·수출·수수·소지죄/ 1119
제3절 방화와 실화의 죄 ···················································································· 1121
[1] 총 설/ 1121 [2] 현주건조물 등 방화죄/ 1123
[3] 현주건조물 등 방화치사상죄/ 1128 [4] 공용건조물 등 방화죄/ 1129
[5] 일반건조물 등 방화죄/ 1130 [6] 일반물건방화죄/ 1132
[7] 연소죄/ 1133 [8] 진화방해죄/ 1134
[9] 폭발성물건파열죄/ 1135 [10] 폭발성물건파열치사상죄/ 1135
[11] 가스·전기 등 방류죄/ 1135 [12] 가스·전기 등 방류치사상죄/ 1136
[13] 가스·전기 등 공급방해죄/ 1136 [14] 가스·전기 등 공급방해치사상죄/ 1136
[15] 방화 등 예비·음모죄/ 1136 [16] 실화죄/ 1137
[17] 업무상실화·중실화죄/ 1137 [18] 과실폭발성물건파열 등 죄/ 1138
제4절 일수와 수리에 관한 죄 ············································································ 1139
[1] 총 설/ 1139 [2] 현주건조물 등 일수죄/ 1139
[3] 현주건조물일수치사상죄/ 1140 [4] 공용건조물 등 일수죄/ 1140
[5] 일반건조물 등 일수죄/ 1141 [6] 방수방해죄/ 1141
[7] 과실일수죄/ 1142 [8] 일수예비·음모죄/ 1142 [9] 수리방해죄/ 1142
제5절 교통방해의 죄 ························································································ 1145
[1] 총 설/ 1145 [2] 일반교통방해죄/ 1145 [3] 기차·선박 등 교통방해죄/ 1148
[4] 기차 등 전복죄/ 1149 [5] 교통방해치사상죄/ 1151
[6] 과실교통방해죄/ 1151 [7] 업무상과실·중과실교통방해죄/ 1151
제2장 공공의 신용에 대한 죄
제1절 통화에 관한 죄 ······················································································· 1153
[1] 총 설/ 1153 [2] 내국통화 위조·변조죄/ 1154
[3] 내국유통 외국통화 위조·변조죄/ 1156
[4] 외국통용 외국통화 위조·변조죄/ 1156
[5] 위조·변조통화 행사 등 죄/ 1157 [6] 위조·변조통화취득죄/ 1160
[7] 위조통화취득후지정행사죄/ 1161 [8] 통화유사물제조·수입·수출죄/ 1161
[9] 통화위조·변조 예비·음모죄/ 1162
제2절 유가증권·인지와 우표에 관한 죄 ······························································· 1163
[1] 총 설/ 1163 [2] 유가증권 위조·변조죄/ 1163
[3] 기재의 위조·변조죄/ 1170 [4] 자격모용에 의한 유가증권작성죄/ 1171
[5] 허위유가증권작성죄/ 1173 [6] 위조 등 유가증권 행사·수입·수출죄/ 1175
[7] 인지·우표 위조·변조죄/ 1176
[8] 위조·변조 인지·우표 행사·수입·수출죄/ 1177
[9] 위조·변조 인지·우표 취득죄/ 1178 [10] 소인말소죄/ 1178
[11] 인지·우표유사물 제조·수입·수출죄/ 1178 [12] 예비·음모죄/ 1178
제3절 문서에 관한 죄 ······················································································· 1179
[1] 총 설/ 1179 [2] 사문서위조·변조죄/ 1188
[3] 자격모용에 의한 사문서작성죄/ 1201 [4] 사전자기록 위작·변작죄/ 1203
[5] 공문서위조·변조죄/ 1205 [6] 자격모용에 의한 공문서작성죄/ 1207
[7] 공전자기록 위작·변작죄/ 1207 [8] 허위진단서 등 작성죄/ 1208
[9] 허위공문서작성죄/ 1211 [10] 공정증서원본 등 부실기재죄/ 1218
[11] 위조·변조·작성 사문서행사죄/ 1228
[12] 위조·변조 등 공문서행사죄/ 1230 [13] 사문서부정행사죄/ 1231
[14] 공문서부정행사죄/ 1232
제4절 인장에 관한 죄 ······················································································· 1236
[1] 총 설/ 1236 [2] 사인 등 위조·부정사용죄/ 1238
[3] 위조사인 등 행사죄/ 1240 [4] 공인 등 위조·부정사용죄/ 1240
[5] 위조공인 등 행사죄/ 1241
제3장 공중의 건강에 대한 죄
제1절 음용수에 관한 죄 ···················································································· 1243
[1] 총 설/ 1243 [2] 음용수사용방해죄/ 1243
[3] 음용수유해물혼입죄/ 1244 [4] 수도음용수사용방해죄/ 1245
[5] 수도음용수유해물혼입죄/ 1246 [6] 음용수혼독치사상죄/ 1246
[7] 수도불통죄/ 1246
제2절 아편에 관한 죄 ······················································································· 1248
[1] 총 설/ 1248 [2] 아편흡식죄/ 1248 [3] 아편흡식장소제공죄/ 1249
[4] 아편 등 제조·수입·판매·판매목적소지죄/ 1250
[5] 아편흡식기 제조·수입·판매·판매목적소지죄/ 1251
[6] 세관공무원의 아편 등 수입·수입허용죄/ 1251
[7] 상습아편흡식·제조·수입·판매죄/ 1251 [8] 아편 등 소지죄/ 1252
제4장 사회의 도덕에 대한 죄
제1절 성풍속에 관한 죄 ···················································································· 1253
[1] 총 설/ 1253 [2] 음행매개죄/ 1253
[3] 음화 등 반포·판매·임대·공연전시죄/ 1255
[4] 음화 등 제조·소지·수입·수출죄/ 1259 [5] 공연음란죄/ 1260
제2절 도박과 복표에 관한 죄 ············································································ 1263
[1] 총 설/ 1263 [2] 도박죄/ 1263 [3] 상습도박죄/ 1266
[4] 도박장소 등 개설죄/ 1267 [5] 복표발매·중개·취득죄/ 1269
제3절 신앙에 관한 죄 ······················································································· 1271
[1] 총 설/ 1271 [2] 장례식 등 방해죄/ 1271
[3] 사체 등 오욕죄/ 1273 [4] 분묘발굴죄/ 1274
[5] 사체 등 손괴·유기·은닉·영득죄/ 1276 [6] 변사체검시방해죄/ 1278
제3편 국가적 법익에 대한 죄
제1장 국가의 존립과 권위에 대한 죄
제1절 내란의 죄 ······························································································· 1283
[1] 총 설/ 1283 [2] 내란죄/ 1283 [3] 내란목적살인죄/ 1288
[4] 내란예비·음모·선동·선전죄/ 1289
제2절 외환의 죄 ······························································································· 1291
[1] 총 설/ 1291 [2] 외환유치죄/ 1291 [3] 여적죄/ 1292
[4] 모병이적죄/ 1293 [5] 시설제공이적죄/ 1293
[6] 시설파괴이적죄/ 1293 [7] 물건제공이적죄/ 1293
[8] 일반이적죄/ 1294 [9] 간첩죄/ 1294
[10] 전시군수계약불이행죄/ 1299 [11] 외환예비·음모·선동·선전죄/ 1299
제3절 국기에 관한 죄 ······················································································· 1300
[1] 총 설/ 1300 [2] 국기·국장모독죄/ 1300
[3] 국기·국장비방죄/ 1301
제4절 국교에 관한 죄 ······················································································· 1302
[1] 총 설/ 1302 [2] 외국원수에 대한 폭행 등 죄/ 1302
[3] 외국사절에 대한 폭행 등 죄/ 1303 [4] 외국국기·국장모독죄/ 1304
[5] 외국에 대한 사전죄/ 1304 [6] 중립명령위반죄/ 1304
[7] 외교상기밀누설죄/ 1305
제2장 국가의 기능에 대한 죄
제1절 공무원의 직무에 관한 죄 ········································································· 1307
[1] 총 설/ 1307 [2] 직무유기죄/ 1308 [3] 피의사실공표죄/ 1315
[4] 공무상비밀누설죄/ 1317 [5] 직권남용죄/ 1319
[6] 불법체포·감금죄/ 1324 [7] 폭행·가혹행위죄/ 1326
[8] 선거방해죄/ 1327 [9] 뇌물죄의 일반이론/ 1327
[10] 수뢰죄/ 1342 [11] 사전수뢰죄/ 1348
[12] 제3자뇌물공여죄/ 1349 [13] 수뢰후부정처사죄/ 1353
[14] 부정처사후수뢰죄/ 1353 [15] 사후수뢰죄/ 1354
[16] 알선수뢰죄/ 1355 [17] 증뢰죄/ 1358
제2절 공무방해에 관한 죄 ················································································· 1362
[1] 총 설/ 1362 [2] 공무집행방해죄/ 1362
[3] 직무·사직강요죄/ 1377 [4] 위계에 의한 공무집행방해죄/ 1378
[5] 법정·국회회의장모욕죄/ 1386 [6] 인권옹호직무방해죄/ 1387
[7] 공무상 봉인 등 표시무효죄/ 1388 [8] 공무상비밀침해죄/ 1394
[9] 부동산강제집행효용침해죄/ 1394 [10] 공용서류 등 무효죄/ 1396
[11] 공용물파괴죄/ 1399 [12] 공무상보관물무효죄/ 1400
[13] 특수공무방해죄·특수공무방해치사상죄/ 1401
제3절 도주와 범인은닉의 죄 ·············································································· 1404
[1] 총 설/ 1404 [2] 도주죄/ 1404 [3] 집합명령위반죄/ 1406
[4] 특수도주죄/ 1407 [5] 도주원조죄/ 1408
[6] 간수자도주원조죄/ 1409 [7] 범인은닉죄/ 1410
제4절 위증과 증거인멸의 죄 ·············································································· 1420
[1] 총 설/ 1420 [2] 위증죄/ 1420 [3] 모해위증죄/ 1431
[4] 허위감정·통역·번역죄/ 1432 [5] 증거인멸죄/ 1433
[6] 증인은닉·도피죄/ 1438 [7] 모해증거인멸죄/ 1439
제5절 무고의 죄 ······························································································· 1440
[1] 총 설/ 1440 [2] 무고죄/ 1440
[판례색인] ······································································································ 1453
[사항색인] ······································································································ 1477