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2021 Master 형법총론 기본서
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2021 Master 형법총론 기본서

  • 신호진
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  • 문형사
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  • 2021-02-09 출간
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  • 536페이지
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  • 190 X 260 mm
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  • ISBN 9791189917982
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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/ 130
제5절 구성요건적 고의 ······················································································· 131
[1] 고의의 의의와 본질/ 131 [2] 고의의 체계적 지위/ 132
[3] 고의의 내용/ 133 [4] 고의의 종류/ 134
제6절 구성요건적 착오 ······················································································· 141
[1] 서 설/ 141 [2] 구성요건적 착오의 유형/ 143
[3] 구성요건적 착오에 관한 학설과 판례/ 144
[4] 가감적 구성요건요소에 대한 착오/ 148
[5] 인과관계의 착오와 개괄적 고의/ 149 [6] 관련문제/ 152
제7절 과실범 ····································································································· 153
[1] 서 설/ 153 [2] 과실범의 성립요건/ 156
[3] 객관적 주의의무의 제한원리/ 163 [4] 관련문제/ 170
제8절 결과적 가중범 ·························································································· 171
[1] 서 설/ 171 [2] 결과적 가중범의 성립요건/ 174
[3] 관련문제/ 179
제3장 위법성론
제1절 위법성의 일반이론 ···················································································· 183
[1] 위법성의 의의/ 183 [2] 위법성의 본질/ 184
[3] 위법성의 평가방법/ 185 [4] 위법성조각사유/ 186
제2절 정당방위 ·································································································· 192
[1] 서 설/ 192 [2] 정당방위의 성립요건/ 193
[3] 정당방위의 효과/ 203 [4] 과잉방위와 오상방위/ 205
제3절 긴급피난 ·································································································· 210
[1] 서 설/ 210 [2] 긴급피난의 성립요건/ 211
[3] 긴급피난의 효과/ 217 [4] 과잉피난과 오상피난/ 218
[5] 의무의 충돌/ 218
제4절 자구행위 ·································································································· 223
[1] 서 설/ 223 [2] 자구행위의 성립요건/ 224
[3] 자구행위의 효과/ 228 [4] 과잉자구행위와 오상자구행위/ 229
제5절 피해자의 승낙 ·························································································· 231
[1] 양 해/ 231 [2] 피해자의 승낙/ 233
[3] 추정적 승낙/ 237
제6절 정당행위 ·································································································· 241
[1] 서 설/ 241 [2] 법령에 의한 행위/ 242
[3] 업무로 인한 행위/ 250 [4] 사회상규에 위배되지 않는 행위/ 255
제4장 책임론
제1절 책임의 일반이론 ······················································································· 264
[1] 서 설/ 264 [2] 책임의 근거/ 265
[3] 책임의 본질/ 267 [4] 책임의 판단/ 270
제2절 책임능력 ·································································································· 271
[1] 서 설/ 271 [2] 책임무능력자/ 272
[3] 한정책임능력자/ 277 [4] 원인에 있어서 자유로운 행위/ 279
제3절 위법성의 인식과 금지착오 ·········································································· 284
[1] 위법성의 인식/ 284 [2] 금지착오/ 288
[3] 위법성조각사유의 전제사실에 대한 착오/ 299
제4절 기대가능성 ······························································································· 303
[1] 기대가능성이론/ 303 [2] 강요된 행위/ 307
[3] 초법규적 책임조각사유/ 310
제5장 미수론
제1절 미수범의 일반이론 ···················································································· 313
[1] 범죄실현의 단계/ 313 [2] 미수범의 처벌근거/ 314
제2절 장애미수 ·································································································· 317
[1] 의 의/ 317 [2] 장애미수의 성립요건/ 317
[3] 장애미수의 처벌/ 324 [4] 관련문제/ 324
제3절 중지미수 ·································································································· 325
[1] 서 설/ 325 [2] 중지미수의 성립요건/ 326
[3] 중지미수의 처벌/ 332 [4] 관련문제/ 332
제4절 불능미수 ·································································································· 335
[1] 서 설/ 335 [2] 불능미수의 성립요건/ 336
[3] 불능미수의 처벌 및 관련문제/ 341
제5절 예비죄 ····································································································· 343
[1] 서 설/ 343 [2] 예비죄의 법적 성격/ 344
[3] 예비죄의 성립요건/ 345 [4] 관련문제/ 347
제6장 정범 및 공범론
제1절 정범·공범의 일반이론 ················································································ 350
[1] 서 설/ 350 [2] 정범과 공범의 구별/ 355
[3] 공범의 종속성과 처벌근거/ 359
제2절 간접정범 ································································································· 363
[1] 서 설/ 363 [2] 간접정범의 성립요건/ 364
[3] 간접정범의 처벌/ 369 [4] 관련문제/ 369
[5] 특수교사·방조/ 372
제3절 공동정범 ·································································································· 373
[1] 서 설/ 373 [2] 공동정범의 성립요건/ 375
[3] 공동정범의 처벌/ 390 [4] 관련문제/ 391
제4절 교사범 ····································································································· 401
[1] 서 설/ 401 [2] 교사범의 성립요건/ 402
[3] 교사의 착오/ 407 [4] 교사범의 처벌/ 409
[5] 관련문제/ 410
제5절 종 범 ······································································································ 412
[1] 서 설/ 412 [2] 종범의 성립요건/ 413
[3] 종범의 착오/ 420 [4] 종범의 처벌/ 422
[5] 관련문제/ 422
제6절 공범과 신분 ···························································································· 424
[1] 서 설/ 424 [2] 형법 제33조의 해석론/ 426
[3] 소극적 신분과 공범/ 432
제7장 죄수론
제1절 죄수의 일반이론 ······················································································· 434
[1] 죄수론의 의의/ 434 [2] 죄수결정의 기준/ 434
[3] 수죄의 처벌/ 438
제2절 일 죄 ······································································································ 439
[1] 서 설/ 439 [2] 법조경합 / 439 [3] 포괄일죄/ 447
제3절 수 죄 ······································································································ 458
[1] 상상적 경합/ 458 [2] 실체적 경합/ 466

제3편 형 벌 론
제1절 형벌의 종류 ····························································································· 479
[1] 서 설/ 479 [2] 사 형/ 479 [3] 자유형/ 480
[4] 재산형/ 481 [5] 명예형/ 491 [6] 형의 경중/ 492
제2절 형의 양정 ································································································ 494
[1] 의 의/ 494 [2] 형의 양정의 단계/ 494
[3] 형의 가중·감경·면제/ 495 [4] 양 형/ 502
[5] 판결선고 전 구금 및 판결의 공시/ 503
제3절 누 범 ······································································································ 506
[1] 서 설/ 506 [2] 누범가중의 요건/ 507
[3] 누범의 효과/ 510 [4] 판결선고 후의 누범발각/ 511
제4절 집행유예·선고유예·가석방 ··········································································· 512
[1] 집행유예/ 512 [2] 선고유예/ 518 [3] 가석방/ 522
제5절 형의 시효·소멸·기간 ·················································································· 526
[1] 형의 시효/ 526 [2] 형의 소멸·실효와 복권·사면/ 527
[3] 형의 기간/ 530
제6절 보안처분 ·································································································· 531
[1] 보안처분의 일반이론/ 531 [2] 현행법상의 보안처분/ 533
[판례색인] ········································································································ 537
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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.