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2021 Master 형법각론 기본서
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2021 Master 형법각론 기본서

  • 신호진
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  • 문형사
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  • 2021-02-09 출간
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  • 821페이지
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  • 190 X 260 mm
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  • ISBN 9791189917999
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[형 법 각 론]

제1편 개인적 법익에 대한 죄
제1장 생명과 신체에 대한 죄
제1절 살인의 죄 ···································································································· 5
[1] 총 설/ 5 [2] 살인죄/ 5 [3] 존속살해죄/ 10
[4] 영아살해죄/ 12 [5] 촉탁·승낙살인죄/ 14 [6] 자살교사·방조죄/ 15
[7] 위계·위력에 의한 살인죄/ 18 [8] 살인예비·음모죄/ 19
제2절 상해와 폭행의 죄 ························································································ 20
[1] 총 설/ 20 [2] 상해죄/ 21 [3] 존속상해죄/ 26
[4] 중상해죄/ 26 [5] 존속중상해죄/ 28 [6] 특수상해죄/ 28
[7] 상해치사죄·존속상해치사죄/ 28 [8] 상해의 동시범특례/ 29
[9] 폭행죄/ 29 [10] 존속폭행죄/ 34 [11] 특수폭행죄/ 35
[12] 폭행치사상죄/ 39 [13] 상습상해·폭행죄/ 40
제3절 과실치사상의 죄 ························································································· 42
[1] 총 설/ 42 [2] 과실치상죄/ 43 [3] 과실치사죄/ 43
[4] 업무상과실·중과실치사상죄/ 44
제4절 낙태의 죄 ·································································································· 54
[1] 총 설/ 54 [2] 자기낙태죄/ 56 [3] 동의낙태죄/ 56
[4] 업무상동의낙태죄/ 56 [5] 부동의낙태죄/ 57 [6] 낙태치사상죄/ 57
제5절 유기와 학대의 죄 ························································································ 58
[1] 총 설/ 58 [2] 유기죄/ 59 [3] 존속유기죄/ 62
[4] 중유기죄·존속중유기죄/ 62 [5] 영아유기죄/ 62
[6] 학대죄/ 63 [7] 존속학대죄/ 64 [8] 아동혹사죄/ 64
[9] 유기치사상죄/ 65
제2장 자유에 대한 죄
제1절 협박의 죄 ·································································································· 67
[1] 총 설/ 67 [2] 협박죄/ 68 [3] 존속협박죄/ 75
[4] 특수협박죄/ 76 [5] 상습협박죄/ 76
제2절 강요의 죄 ·································································································· 77
[1] 총 설/ 77 [2] 강요죄/ 77 [3] 특수강요죄/ 82 [4] 중강요죄/ 82
[5] 인질강요죄/ 82 [6] 인질상해·치상죄/ 84 [7] 인질살해·치사죄/ 84
제3절 체포와 감금의 죄 ························································································ 85
[1] 총 설/ 85 [2] 체포·감금죄/ 85 [3] 존속체포·감금죄/ 91
[4] 중체포·감금죄, 존속중체포·감금죄/ 91 [5] 특수체포·감금죄/ 92
[6] 상습체포·감금죄/ 93 [7] 체포·감금치사상죄/ 93
제4절 약취·유인 및 인신매매의 죄 ········································································· 94
[1] 총 설/ 94 [2] 미성년자 약취·유인죄/ 95
[3] 추행·간음·결혼·영리목적 약취·유인죄/ 100
[4] 노동력 착취·성매매와 성적 착취·장기적출목적 약취·유인죄/ 102
[5] 국외이송목적 약취·유인죄/ 103 [6] 피약취·유인자 국외이송죄/ 103
[7] 인신매매죄/ 103 [8] 추행·간음·결혼·영리목적 인신매매죄/ 104
[9] 노동력 착취·성매매와 성적 착취·장기적출목적 인신매매죄/ 105
[10] 국외이송목적 인신매매죄/ 105 [11] 피매매자 국외이송죄/ 106
[12] 피약취·유인·매매·이송자 상해·치상죄/ 106
[13] 피약취·유인·매매·이송자 살인·치사죄/ 106
[14] 피약취·유인·매매·이송자 수수·은닉죄/ 107
[15] 약취·유인·매매·이송목적 모집·운송·전달죄/ 107
제5절 강간과 추행의 죄 ······················································································ 108
[1] 총 설/ 108 [2] 강간죄/ 111 [3] 유사강간죄/ 116
[4] 강제추행죄/ 117 [5] 준강간죄·준강제추행죄/ 121
[6] 미성년자의제강간·강제추행죄/ 123
[7] 강간상해·치상죄, 강간살인·치사죄/ 125
[8] 미성년자·심신미약자 간음·추행죄/ 129
[9] 피감호자간음죄/ 131 [10] 피구금자간음죄/ 133 [11] 상습범/ 134
제3장 명예와 신용에 대한 죄
제1절 명예에 관한 죄 ························································································· 135
[1] 총 설/ 135 [2] 명예훼손죄/ 136 [3] 사자의 명예훼손죄/ 151
[4] 출판물에 의한 명예훼손죄/ 153 [5] 모욕죄/ 157
제2절 신용·업무와 경매에 관한 죄 ······································································· 162
[1] 총 설/ 162 [2] 신용훼손죄/ 162 [3] 업무방해죄/ 165
[4] 컴퓨터업무방해죄/ 180 [5] 경매·입찰방해죄/ 183
제4장 사생활의 평온에 대한 죄
제1절 비밀침해의 죄 ·························································································· 187
[1] 총 설/ 187 [2] 비밀침해죄/ 188 [3] 업무상비밀누설죄/ 190
제2절 주거침입의 죄 ·························································································· 193
[1] 총 설/ 193 [2] 주거침입죄/ 194 [3] 퇴거불응죄/ 204
[4] 특수주거침입죄/ 205 [5] 주거·신체수색죄/ 206
제5장 재산에 대한 죄
제1절 재산죄의 기본개념 ···················································································· 207
[1] 재산죄의 분류/ 207 [2] 재산죄의 객체/ 208 [3] 형법상의 점유/ 213
[4] 불법영득의사/ 221 [5] 친족상도례/ 229
제2절 절도의 죄 ································································································ 236
[1] 총 설/ 236 [2] 절도죄/ 237 [3] 야간주거침입절도죄/ 246
[4] 특수절도죄/ 248 [5] 자동차 등 불법사용죄/ 253 [6] 상습절도죄/ 255
제3절 강도의 죄 ································································································ 257
[1] 총 설/ 257 [2] 강도죄/ 258 [3] 특수강도죄/ 266
[4] 준강도죄·준특수강도죄/ 268 [5] 인질강도죄/ 274
[6] 강도상해·치상죄/ 276 [7] 강도살인·치사죄/ 279
[8] 강도강간죄/ 282 [9] 해상강도죄, 해상강도상해·치상·살인·치사·강간죄/ 284
[10] 상습강도죄/ 285 [11] 강도예비·음모죄/ 286
제4절 사기의 죄 ································································································ 287
[1] 총 설/ 287 [2] 사기죄/ 288
[3] 컴퓨터 등 사용사기죄/ 328 [4] 신용카드 관련범죄/ 332
[5] 준사기죄/ 340 [6] 편의시설부정이용죄/ 341
[7] 부당이득죄/ 342 [8] 상습사기죄/ 344
제5절 공갈의 죄 ································································································ 346
[1] 총 설/ 346 [2] 공갈죄/ 347
[3] 특수공갈죄/ 355 [4] 상습공갈죄/ 355
제6절 횡령의 죄 ································································································ 356
[1] 총 설/ 356 [2] 횡령죄/ 357
[3] 업무상횡령죄/ 395 [4] 점유이탈물횡령죄/ 395
제7절 배임의 죄 ································································································ 398
[1] 총 설/ 398 [2] 배임죄/ 399 [3] 업무상배임죄/ 433
[4] 배임수재죄/ 434 [5] 배임증재죄/ 442
제8절 장물의 죄 ································································································ 444
[1] 총 설/ 444 [2] 장물죄/ 451
[3] 상습장물죄/ 457 [4] 업무상과실·중과실장물죄/ 458
제9절 손괴의 죄 ································································································ 459
[1] 총 설/ 459 [2] 재물손괴죄/ 459
[3] 공익건조물파괴죄/ 467 [4] 중손괴죄·손괴치사상죄/ 468
[5] 특수손괴죄/ 468 [6] 경계침범죄/ 469
제10절 권리행사를 방해하는 죄 ··········································································· 473
[1] 총 설/ 473 [2] 권리행사방해죄/ 473 [3] 점유강취죄/ 479
[4] 준점유강취죄/ 479 [5] 중권리행사방해죄/ 480
[6] 강제집행면탈죄/ 480

제2편 사회적 법익에 대한 죄
제1장 공공의 안전과 평온에 대한 죄
제1절 공안을 해하는 죄 ······················································································ 491
[1] 총 설/ 491 [2] 범죄단체 등 조직죄/ 491 [3] 소요죄/ 496
[4] 다중불해산죄/ 498 [5] 전시공수계약불이행죄/ 499
[6] 공무원자격사칭죄/ 499
제2절 폭발물에 관한 죄 ····················································································· 501
[1] 총 설/ 501 [2] 폭발물사용죄/ 501 [3] 전시폭발물사용죄/ 503
[4] 폭발물사용 예비·음모·선동죄/ 503
[5] 전시폭발물 제조·수입·수출·수수·소지죄/ 504
제3절 방화와 실화의 죄 ······················································································ 505
[1] 총 설/ 505 [2] 현주건조물 등 방화죄/ 507
[3] 현주건조물 등 방화치사상죄/ 510 [4] 공용건조물 등 방화죄/ 511
[5] 일반건조물 등 방화죄/ 511 [6] 일반물건방화죄/ 512
[7] 연소죄/ 513 [8] 진화방해죄/ 514
[9] 폭발성물건파열죄/ 515 [10] 폭발성물건파열치사상죄/ 516
[11] 가스·전기 등 방류죄/ 516 [12] 가스·전기 등 방류치사상죄/ 516
[13] 가스·전기 등 공급방해죄/ 516 [14] 가스·전기 등 공급방해치사상죄/ 517
[15] 방화 등 예비·음모죄/ 517 [16] 실화죄/ 517
[17] 업무상실화·중실화죄/ 518 [18] 과실폭발성물건파열 등 죄/ 519
제4절 일수와 수리에 관한 죄 ·············································································· 520
[1] 총 설/ 520 [2] 현주건조물 등 일수죄/ 520
[3] 현주건조물일수치사상죄/ 521 [4] 공용건조물 등 일수죄/ 522
[5] 일반건조물 등 일수죄/ 522 [6] 방수방해죄/ 522
[7] 과실일수죄/ 522 [8] 일수예비·음모죄/ 523 [9] 수리방해죄/ 523
제5절 교통방해의 죄 ·························································································· 525
[1] 총 설/ 525 [2] 일반교통방해죄/ 525 [3] 기차·선박 등 교통방해죄/ 529
[4] 기차 등 전복죄/ 530 [5] 교통방해치사상죄/ 531
[6] 과실교통방해죄/ 532 [7] 업무상과실·중과실교통방해죄/ 532
제2장 공공의 신용에 대한 죄
제1절 통화에 관한 죄 ························································································· 534
[1] 총 설/ 534 [2] 내국통화 위조·변조죄/ 534
[3] 내국유통 외국통화 위조·변조죄/ 537
[4] 외국통용 외국통화 위조·변조죄/ 537
[5] 위조·변조통화 행사 등 죄/ 538 [6] 위조·변조통화취득죄/ 540
[7] 위조통화취득후지정행사죄/ 541 [8] 통화유사물제조·수입·수출죄/ 542
[9] 통화위조·변조 예비·음모죄/ 542
제2절 유가증권·인지와 우표에 관한 죄 ································································· 543
[1] 총 설/ 543 [2] 유가증권 위조·변조죄/ 543
[3] 기재의 위조·변조죄/ 550 [4] 자격모용에 의한 유가증권작성죄/ 551
[5] 허위유가증권작성죄/ 553 [6] 위조 등 유가증권 행사·수입·수출죄/ 555
[7] 인지·우표 위조·변조죄/ 556
[8] 위조·변조 인지·우표 행사·수입·수출죄/ 557
[9] 위조·변조 인지·우표 취득죄/ 557 [10] 소인말소죄/ 557
[11] 인지·우표유사물 제조·수입·수출죄/ 558 [12] 예비·음모죄/ 558
제3절 문서에 관한 죄 ························································································· 559
[1] 총 설/ 559 [2] 사문서위조·변조죄/ 568
[3] 자격모용에 의한 사문서작성죄/ 581 [4] 사전자기록 위작·변작죄/ 583
[5] 공문서위조·변조죄/ 585 [6] 자격모용에 의한 공문서작성죄/ 586
[7] 공전자기록 위작·변작죄/ 587 [8] 허위진단서 등 작성죄/ 589
[9] 허위공문서작성죄/ 591 [10] 공정증서원본 등 부실기재죄/ 598
[11] 위조·변조·작성 사문서행사죄/ 608
[12] 위조·변조 등 공문서행사죄/ 610 [13] 사문서부정행사죄/ 611
[14] 공문서부정행사죄/ 612
제4절 인장에 관한 죄 ························································································· 616
[1] 총 설/ 616 [2] 사인 등 위조·부정사용죄/ 618
[3] 위조사인 등 행사죄/ 620 [4] 공인 등 위조·부정사용죄/ 620
[5] 위조공인 등 행사죄/ 621
제3장 공중의 건강에 대한 죄
제1절 음용수에 관한 죄 ······················································································ 622
[1] 총 설/ 622 [2] 음용수사용방해죄/ 622
[3] 음용수유해물혼입죄/ 623 [4] 수도음용수사용방해죄/ 624
[5] 수도음용수유해물혼입죄/ 625 [6] 음용수혼독치사상죄/ 625
[7] 수도불통죄/ 625
제2절 아편에 관한 죄 ························································································· 627
[1] 총 설/ 627 [2] 아편흡식죄/ 627 [3] 아편흡식장소제공죄/ 628
[4] 아편 등 제조·수입·판매·판매목적소지죄/ 628
[5] 아편흡식기 제조·수입·판매·판매목적소지죄/ 628
[6] 세관공무원의 아편 등 수입·수입허용죄/ 629
[7] 상습아편흡식·제조·수입·판매죄/ 629 [8] 아편 등 소지죄/ 629
제4장 사회의 도덕에 대한 죄
제1절 성풍속에 관한 죄 ····················································································· 630
[1] 총 설/ 630 [2] 음행매개죄/ 630
[3] 음화 등 반포·판매·임대·공연전시죄/ 632
[4] 음화 등 제조·소지·수입·수출죄/ 636 [5] 공연음란죄/ 636
제2절 도박과 복표에 관한 죄 ·············································································· 639
[1] 총 설/ 639 [2] 도박죄/ 639 [3] 상습도박죄/ 642
[4] 도박장소 등 개설죄/ 643 [5] 복표발매·중개·취득죄/ 645
제3절 신앙에 관한 죄 ························································································· 648
[1] 총 설/ 648 [2] 장례식 등 방해죄/ 648
[3] 사체 등 오욕죄/ 650 [4] 분묘발굴죄/ 651
[5] 사체 등 손괴·유기·은닉·영득죄/ 653 [6] 변사체검시방해죄/ 655

제3편 국가적 법익에 대한 죄
제1장 국가의 존립과 권위에 대한 죄
제1절 내란의 죄 ································································································ 659
[1] 총 설/ 659 [2] 내란죄/ 659 [3] 내란목적살인죄/ 663
[4] 내란예비·음모·선동·선전죄/ 663
제2절 외환의 죄 ································································································ 666
[1] 총 설/ 666 [2] 외환유치죄/ 666 [3] 여적죄/ 667
[4] 모병이적죄/ 668 [5] 시설제공이적죄/ 668
[6] 시설파괴이적죄/ 668 [7] 물건제공이적죄/ 668
[8] 일반이적죄/ 668 [9] 간첩죄/ 669
[10] 전시군수계약불이행죄/ 673 [11] 외환예비·음모·선동·선전죄/ 673
제3절 국기에 관한 죄 ························································································· 674
[1] 총 설/ 674 [2] 국기·국장모독죄/ 674
[3] 국기·국장비방죄/ 675
제4절 국교에 관한 죄 ························································································· 676
[1] 총 설/ 676 [2] 외국원수에 대한 폭행 등 죄/ 677
[3] 외국사절에 대한 폭행 등 죄/ 677 [4] 외국국기·국장모독죄/ 678
[5] 외국에 대한 사전죄/ 678 [6] 중립명령위반죄/ 679
[7] 외교상기밀누설죄/ 679
제2장 국가의 기능에 대한 죄
제1절 공무원의 직무에 관한 죄 ··········································································· 681
[1] 총 설/ 681 [2] 직무유기죄/ 682 [3] 피의사실공표죄/ 689
[4] 공무상비밀누설죄/ 690 [5] 직권남용죄/ 693
[6] 불법체포·감금죄/ 700 [7] 폭행·가혹행위죄/ 702
[8] 선거방해죄/ 702 [9] 뇌물죄의 일반이론/ 702
[10] 수뢰죄/ 716 [11] 사전수뢰죄/ 723
[12] 제3자뇌물공여죄/ 725 [13] 수뢰후부정처사죄/ 728
[14] 부정처사후수뢰죄/ 729 [15] 사후수뢰죄/ 730
[16] 알선수뢰죄/ 730 [17] 증뢰죄/ 733
제2절 공무방해에 관한 죄 ··················································································· 737
[1] 총 설/ 737 [2] 공무집행방해죄/ 737
[3] 직무·사직강요죄/ 751 [4] 위계에 의한 공무집행방해죄/ 752
[5] 법정·국회회의장모욕죄/ 760 [6] 인권옹호직무방해죄/ 762
[7] 공무상 봉인 등 표시무효죄/ 763 [8] 공무상비밀침해죄/ 768
[9] 부동산강제집행효용침해죄/ 768 [10] 공용서류 등 무효죄/ 770
[11] 공용물파괴죄/ 774 [12] 공무상보관물무효죄/ 774
[13] 특수공무방해죄·특수공무방해치사상죄/ 775
제3절 도주와 범인은닉의 죄 ················································································ 778
[1] 총 설/ 778 [2] 도주죄/ 779 [3] 집합명령위반죄/ 780
[4] 특수도주죄/ 781 [5] 도주원조죄/ 782
[6] 간수자도주원조죄/ 784 [7] 범인은닉죄/ 784
제4절 위증과 증거인멸의 죄 ················································································ 793
[1] 총 설/ 793 [2] 위증죄/ 793 [3] 모해위증죄/ 802
[4] 허위감정·통역·번역죄/ 803 [5] 증거인멸죄/ 803
[6] 증인은닉·도피죄/ 808 [7] 모해증거인멸죄/ 809
제5절 무고의 죄 ································································································ 810
[1] 총 설/ 810 [2] 무고죄/ 810
[판례색인] ········································································································ 823
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