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2020 Master 형법총론 기본서
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2020 Master 형법총론 기본서

  • 신호진
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  • 문형사
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  • 2020-02-04 출간
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  • 526페이지
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  • 190 X 260 mm
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  • ISBN 9791189917470
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[형 법 총 론]

제1편 형법의 일반이론
제1장 형법의 기본개념
제1절 형법의 의의와 성격 ······················································································ 5
[1] 형법의 의의/ 5 [2] 형법의 성격/ 6
제2절 형법의 기능 ································································································ 7
[1] 규제적 기능/ 7 [2] 보호적 기능/ 7 [3] 보장적 기능/ 8
제3절 형법의 발전 ································································································· 9
제2장 형법의 기본원리
제1절 죄형법정주의 ····························································································· 10
[1] 죄형법정주의의 의의/ 10 [2] 죄형법정주의의 연혁과 사상적 배경/ 10
[3] 죄형법정주의의 현대적 의의/ 11 [4] 죄형법정주의의 내용/ 11
제2절 형법이론 ···································································································· 37
[1] 형법학파/ 37 [2] 형벌이론/ 38 [3] 범죄이론/ 40
제3장 형법의 적용범위
제1절 형법의 시간적 적용범위 ·············································································· 41
[1] 서 설/ 41 [2] 형법의 태도/ 41 [3] 한시법/ 52
제2절 형법의 장소적 적용범위 ··············································································· 56
[1] 서 설/ 56 [2] 형법의 태도/ 57
제3절 형법의 인적 적용범위 ·················································································· 63
[1] 의 의/ 63 [2] 예 외/ 63
제2편 범 죄 론
제1장 범죄론의 기초
제1절 범죄의 의의와 종류 ····················································································· 67
[1] 범죄의 의의와 본질/ 67 [2] 범죄의 성립요건·처벌조건·소추조건/ 68
[3] 범죄의 종류/ 70
제2절 행위론 ······································································································· 77
[1] 서 설/ 77 [2] 행위론의 종류/ 78
제3절 범죄체계론 ································································································· 81
[1] 범죄체계론의 의의/ 81 [2] 범죄체계론의 현황/ 81
제4절 행위의 주체와 객체 ····················································································· 82
[1] 행위의 주체/ 82 [2] 행위의 객체와 보호의 객체/ 88
제2장 구성요건론
제1절 구성요건의 일반이론 ··················································································· 90
[1] 구성요건의 의의/ 90 [2] 구성요건이론의 발전/ 90
[3] 구성요건과 위법성의 관계/ 91 [4] 구성요건의 유형/ 92
[5] 구성요건의 요소/ 94 [6] 구성요건해당성배제사유/ 95
제2절 결과반가치와 행위반가치 ············································································· 96
[1] 결과반가치와 행위반가치/ 96 [2] 결과반가치론과 행위반가치론/ 96
[3] 결과반가치와 행위반가치의 내용/ 98
제3절 부작위범 ·································································································· 100
[1] 부작위/ 100 [2] 부작위범/ 102
[3] 부진정부작위범의 구성요건/ 105 [4] 관련문제/ 114
제4절 인과관계와 객관적 귀속 ············································································· 116
[1] 서 설/ 116 [2] 인과관계에 관한 학설/ 118
[3] 객관적 귀속이론/ 126 [4] 형법 제17조의 해석/ 129
제5절 구성요건적 고의 ······················································································· 130
[1] 고의의 의의와 본질/ 130 [2] 고의의 체계적 지위/ 131
[3] 고의의 내용/ 132 [4] 고의의 종류/ 133
제6절 구성요건적 착오 ······················································································· 139
[1] 서 설/ 139 [2] 구성요건적 착오의 유형/ 141
[3] 구성요건적 착오에 관한 학설과 판례/ 142
[4] 가감적 구성요건요소에 대한 착오/ 146
[5] 인과관계의 착오와 개괄적 고의/ 147 [6] 관련문제/ 150
제7절 과실범 ····································································································· 151
[1] 서 설/ 151 [2] 과실범의 성립요건/ 154
[3] 객관적 주의의무의 제한원리/ 160 [4] 관련문제/ 166
제8절 결과적 가중범 ·························································································· 168
[1] 서 설/ 168 [2] 결과적 가중범의 성립요건/ 171
[3] 관련문제/ 176
제3장 위법성론
제1절 위법성의 일반이론 ···················································································· 180
[1] 위법성의 의의/ 180 [2] 위법성의 본질/ 181
[3] 위법성의 평가방법/ 182 [4] 위법성조각사유/ 183
제2절 정당방위 ·································································································· 188
[1] 서 설/ 188 [2] 정당방위의 성립요건/ 189
[3] 정당방위의 효과/ 199 [4] 과잉방위와 오상방위/ 200
제3절 긴급피난 ·································································································· 205
[1] 서 설/ 205 [2] 긴급피난의 성립요건/ 206
[3] 긴급피난의 효과/ 212 [4] 과잉피난과 오상피난/ 213
[5] 의무의 충돌/ 213
제4절 자구행위 ·································································································· 217
[1] 서 설/ 217 [2] 자구행위의 성립요건/ 218
[3] 자구행위의 효과/ 222 [4] 과잉자구행위와 오상자구행위/ 223
제5절 피해자의 승낙 ·························································································· 225
[1] 양 해/ 225 [2] 피해자의 승낙/ 227
[3] 추정적 승낙/ 231
제6절 정당행위 ·································································································· 235
[1] 서 설/ 235 [2] 법령에 의한 행위/ 236
[3] 업무로 인한 행위/ 243 [4] 사회상규에 위배되지 않는 행위/ 248
제4장 책임론
제1절 책임의 일반이론 ······················································································· 257
[1] 서 설/ 257 [2] 책임의 근거/ 258
[3] 책임의 본질/ 260 [4] 책임의 판단/ 263
제2절 책임능력 ·································································································· 264
[1] 서 설/ 264 [2] 책임무능력자/ 265
[3] 한정책임능력자/ 270 [4] 원인에 있어서 자유로운 행위/ 272
제3절 위법성의 인식과 금지착오 ·········································································· 277
[1] 위법성의 인식/ 277 [2] 금지착오/ 281
[3] 위법성조각사유의 전제사실에 대한 착오/ 292
제4절 기대가능성 ······························································································· 296
[1] 기대가능성이론/ 296 [2] 강요된 행위/ 300
[3] 초법규적 책임조각사유/ 303
제5장 미수론
제1절 미수범의 일반이론 ···················································································· 306
[1] 범죄실현의 단계/ 306 [2] 미수범의 처벌근거/ 307
제2절 장애미수 ·································································································· 310
[1] 의 의/ 310 [2] 장애미수의 성립요건/ 310
[3] 장애미수의 처벌/ 317 [4] 관련문제/ 317
제3절 중지미수 ·································································································· 318
[1] 서 설/ 318 [2] 중지미수의 성립요건/ 319
[3] 중지미수의 처벌/ 325 [4] 관련문제/ 325
제4절 불능미수 ·································································································· 329
[1] 서 설/ 329 [2] 불능미수의 성립요건/ 330
[3] 불능미수의 처벌 및 관련문제/ 335
제5절 예비죄 ····································································································· 337
[1] 서 설/ 337 [2] 예비죄의 법적 성격/ 338
[3] 예비죄의 성립요건/ 339 [4] 관련문제/ 341
제6장 정범 및 공범론
제1절 정범·공범의 일반이론 ················································································ 344
[1] 서 설/ 344 [2] 정범과 공범의 구별/ 348
[3] 공범의 종속성과 처벌근거/ 353
제2절 간접정범 ································································································· 357
[1] 서 설/ 357 [2] 간접정범의 성립요건/ 358
[3] 간접정범의 처벌/ 362 [4] 관련문제/ 363
[5] 특수교사·방조/ 365
제3절 공동정범 ·································································································· 366
[1] 서 설/ 366 [2] 공동정범의 성립요건/ 368
[3] 공동정범의 처벌/ 382 [4] 관련문제/ 383
제4절 교사범 ····································································································· 393
[1] 서 설/ 393 [2] 교사범의 성립요건/ 394
[3] 교사의 착오/ 399 [4] 교사범의 처벌/ 401
[5] 관련문제/ 402
제5절 종 범 ······································································································ 404
[1] 서 설/ 404 [2] 종범의 성립요건/ 405
[3] 종범의 착오/ 411 [4] 종범의 처벌/ 413
[5] 관련문제/ 413
제6절 공범과 신분 ···························································································· 415
[1] 서 설/ 415 [2] 형법 제33조의 해석론/ 417
[3] 소극적 신분과 공범/ 423
제7장 죄수론
제1절 죄수의 일반이론 ······················································································· 425
[1] 죄수론의 의의/ 425 [2] 죄수결정의 기준/ 425
[3] 수죄의 처벌/ 429
제2절 일 죄 ······································································································ 430
[1] 서 설/ 430 [2] 법조경합 / 430 [3] 포괄일죄/ 438
제3절 수 죄 ······································································································ 449
[1] 상상적 경합/ 449 [2] 실체적 경합/ 457
제3편 형 벌 론
제1절 형벌의 종류 ····························································································· 469
[1] 서 설/ 469 [2] 사 형/ 469 [3] 자유형/ 470
[4] 재산형/ 471 [5] 명예형/ 481 [6] 형의 경중/ 482
제2절 형의 양정 ································································································ 484
[1] 의 의/ 484 [2] 형의 양정의 단계/ 484
[3] 형의 가중·감경·면제/ 485 [4] 양 형/ 492
[5] 판결선고 전 구금 및 판결의 공시/ 493
제3절 누 범 ······································································································ 496
[1] 서 설/ 496 [2] 누범가중의 요건/ 497
[3] 누범의 효과/ 500 [4] 판결선고 후의 누범발각/ 501
제4절 집행유예·선고유예·가석방 ··········································································· 502
[1] 집행유예/ 502 [2] 선고유예/ 508 [3] 가석방/ 512
제5절 형의 시효·소멸·기간 ·················································································· 516
[1] 형의 시효/ 516 [2] 형의 소멸·실효와 복권·사면/ 517
[3] 형의 기간/ 520
제6절 보안처분 ·································································································· 521
[1] 보안처분의 일반이론/ 521 [2] 현행법상의 보안처분/ 523
[판례색인] ········································································································ 527
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도서교환 및 환불
  • ㆍ배송기간은 평일 기준 1~3일 정도 소요됩니다.(스프링 분철은 1일 정도 시간이 더 소요됩니다.)
  • ㆍ상품불량 및 오배송등의 이유로 반품하실 경우, 반품배송비는 무료입니다.
  • ㆍ고객님의 변심에 의한 반품,환불,교환시 택배비는 본인 부담입니다.
  • ㆍ상담원과의 상담없이 교환 및 반품으로 반송된 물품은 책임지지 않습니다.
  • ㆍ이미 발송된 상품의 취소 및 반품, 교환요청시 배송비가 발생할 수 있습니다.
  • ㆍ반품신청시 반송된 상품의 수령후 환불처리됩니다.(카드사 사정에 따라 카드취소는 시일이 3~5일이 소요될 수 있습니다.)
  • ㆍ주문하신 상품의 반품,교환은 상품수령일로 부터 7일이내에 신청하실 수 있습니다.
  • ㆍ상품이 훼손된 경우 반품 및 교환,환불이 불가능합니다.
  • ㆍ반품/교환시 고객님 귀책사유로 인해 수거가 지연될 경우에는 반품이 제한될 수 있습니다.
  • ㆍ스프링제본 상품은 교환 및 환불이 불가능 합니다.
  • ㆍ군부대(사서함) 및 해외배송은 불가능합니다.
  • ㆍ오후 3시 이후 상담원과 통화되지 않은 취소건에 대해서는 고객 반품비용이 발생할 수 있습니다.
반품안내
  • 마이페이지 > 나의상담 > 1 : 1 문의하기 게시판 또는 고객센터 : 070-4821-5101
교환/반품주소
  • 부산광역시 부산진구 중앙대로 856 303호 / (주)스터디채널 / 전화 : 070-4821-5101
  • 택배안내 : CJ대한통운(1588-1255)
  • 고객님 변심으로 인한 교환 또는 반품시 왕복 배송비 5,000원을 부담하셔야 하며, 제품 불량 또는 오 배송시에는 전액을 당사에서부담 합니다.