제1편 형법서론
제1장 ❙ 형법의 기본개념 / 16
제2장 ❙ 죄형법정주의 / 16
Ⅰ 법률주의 (관습형법금지원칙, 포괄위임금지원칙)
·································································16
Ⅱ 명확성원칙 ·················································17
Ⅲ 소급금지원칙 (형벌불소급원칙) ·················18
Ⅳ 유추해석금지원칙 ······································19
Ⅴ 적정성원칙 ················································22
제3장 ❙ 형법의 적용범위 / 23
제1절 형법의 시간적 적용범위 ······················23
Ⅰ 제1조 1항의 해석 ·······································23
Ⅱ 제1조 2항의 해석 ·······································23
Ⅲ 제1조 3항의 해석 ······································24
Ⅳ 제1조 2항·3항의 예외 ·······························24
Ⅴ 한시법과 백지형법 ····································24
제2절 형법의 장소적 적용범위 ······················26
Ⅰ 속지주의 ···················································26
Ⅱ 기국주의 ···················································26
Ⅲ 속인주의 ···················································26
Ⅳ 제5조의 보호주의 ······································27
Ⅴ 제6조의 보호주의 ······································27
Ⅵ 세계주의 ····················································27
Ⅶ 국가간 법률충돌의 해결 ····························28
제3절 형법의 인적 적용범위 ··························29
제4절 특별법과의 관계 ··································29
제2편 범죄론
제1장 ❙ 범죄론의 기초 / 32
제2장 ❙ 구성요건론 / 32
제1절 범죄의 종류 ·········································32
제2절 행위의 주체와 객체 ·····························32
제3절 부작위범 ··············································34
Ⅰ,Ⅱ,Ⅲ 부작위범의 요건 ·······························34
Ⅳ 법적 작위의무 ···········································34
Ⅴ 작위와 부작위의 적용 ·······························35
Ⅵ,Ⅶ 관련문제 ···············································35
제4절 인과관계와 객관적 귀속 ······················36
제5절 구성요건적 고의 ··································38
Ⅰ,Ⅱ 고의의 인식대상 ···································38
Ⅲ 고의의 종류 ··············································38
제6절 구성요건적 착오 ···································41
Ⅱ 구성요건적 착오의 종류 ····························41
Ⅵ 병발 사례 ···················································41
Ⅶ 개괄적 고의 과실 사례 ······························42
제7절 과실범 ··················································43
Ⅰ 과실범의 개관 ···········································43
Ⅱ,Ⅲ 과실범의 구성요건, 관련문제 ···············44
Ⅳ 신뢰의 원칙 ···············································47
제8절 결과적 가중범 ·····································50
Ⅰ,Ⅱ 결과적 가중범의 의미와 종류 ···············50
Ⅲ,Ⅳ 구성요건과 행위책임주의 ·····················50
Ⅴ 관련문제 ····················································51
제3장 ❙위법성론 / 53
제1절 위법성의 일반이론 ·······························53
Ⅱ 위법성조각사유 ·········································53
Ⅲ 주관적 정당화의사 결한 경우 (우연방위) ·· 53
제2절 정당방위 ··············································53
Ⅱ 성립요건 ···················································53
Ⅲ 방위의 효과 ··············································55
제3절 긴급피난 ··············································56
Ⅴ 의무의 충돌 ··············································56
제4절 자구행위 ··············································57
제5절 피해자의 승낙 ······································57
Ⅰ 피해자의 동의의 의미 ·······························57
Ⅱ 동의를 양해로 해석하는 경우 ···················58
Ⅲ 동의를 승낙으로 해석하는 경우 ················58
Ⅳ 추정적 승낙 ··············································59
제6절 정당행위 ··············································59
Ⅰ 법령에 의한 행위 ······································59
Ⅱ 업무로 인한 행위 ······································62
Ⅲ 기타 사회상규에 합치하는 행위 ················63
제4장 ❙책임론 / 65
제1절 책임의 일반이론 ··································65
제2절 책임능력 ··············································65
Ⅱ 책임무능력자 ············································65
Ⅲ 한정책임능력자 ·········································66
Ⅳ 원인에 있어서 자유로운 행위 ····················67
제3절 위법성의 인식과 금지착오 ··················68
Ⅰ,Ⅱ 금지착오의 개념과 유형 ·······················68
Ⅲ 금지착오의 효과 ·······································68
Ⅳ 위법성조각사유의 전제사실의 착오 ··········70
Ⅴ 피해자의 동의와 관련된 착오의 정리 (7급이론)
·································································70
제4절 기대가능성 ···········································71
Ⅰ 기대가능성의 판단기준 ······························71
Ⅱ 기대불가능성의 유형 ·································71
Ⅲ 강요된 행위 ···············································71
제5장 ❙미수론 / 73
제1절 미수범의 일반이론 ·······························73
제2절 음모·예비죄 ·········································73
Ⅰ 선전·선동 ··················································73
Ⅱ 음모·예비 ··················································73
Ⅳ 관련문제 ···················································74
제3절 장애미수 ··············································75
제4절 중지미수 ···············································77
Ⅲ 자의성 ·······················································77
Ⅳ 범행중지 또는 결과방지 ····························78
Ⅴ,Ⅵ 공범과 중지미수, 관련문제 ···················78
제5절 불능미수 ··············································79
Ⅱ 성립요건 ···················································79
Ⅲ 불능미수의 판단 ········································79
제6장 ❙ 공범론 / 81
제1절 공범의 일반이론 ···································81
Ⅱ 필요적 공범 ···············································81
Ⅲ 정범과 공범의 관계 ···································81
Ⅳ 기도된 교사·방조 ······································82
제2절 간접정범 ··············································82
Ⅰ 정범과 공범의 구별 ···································82
Ⅱ 간접정범의 이용행위 ································83
Ⅴ 특수교사·방조 ··········································83
제3절 공동정범 ··············································84
Ⅰ 공동정범의 개념 ·······································84
Ⅱ 주관적 요건 ··············································84
Ⅲ 객관적 요건 ··············································86
Ⅳ 공동정범의 인과관계 ································88
Ⅴ 동시범 ·······················································88
Ⅵ 합동범 ·······················································89
제4절 교사범 ··················································90
Ⅱ 성립요건 ···················································90
Ⅲ 교사의 착오 ···············································91
Ⅳ 관련문제 ···················································92
제5절 방조범 ··················································92
Ⅰ 총칙상 방조범의 개념 ·······························92
Ⅱ 성립요건 ···················································92
Ⅴ 방조의 착오 ··············································94
Ⅵ 관련문제 ···················································94
제6절 공범과 신분 ·········································95
Ⅰ 형법상 신분 ··············································95
Ⅱ 적극적 신분 (제33조의 해석) ····················95
Ⅲ 소극적 신분 ··············································96
제7장 ❙ 죄수론 / 97
제1절 죄수 일반이론 ······································97
제2절 일죄 ······················································97
Ⅰ 법조경합 ···················································97
Ⅱ 포괄일죄 ···················································99
제3절 상상적 경합 ········································102
Ⅱ 요건 ·························································102
Ⅲ 효과 ·························································102
제4절 실체적 경합 ·······································104
Ⅲ 소송법적 요건 ·········································104
Ⅳ 경합범의 효과 ··········································105
제3편 형벌론
제1절 형벌의 종류 ········································110
Ⅴ 재산형 ······················································110
제2절 형의 양정 ············································114
Ⅱ 양형기준 ···················································114
Ⅲ 형의 가중 감경 면제 ·································114
Ⅳ 미결구금 ···················································115
Ⅴ 판결의 공시 ··············································115
Ⅵ 자수와 자복 ··············································115
제3절 누범 ·····················································117
Ⅱ 누범가중의 요건 ·······································117
Ⅲ 누범의 효과 ··············································118
Ⅵ 특가법상 누범 ··········································118
제4절 선고유예·집행유예·가석방 ················118
Ⅰ 선고유예 ···················································118
Ⅱ 집행유예 ···················································119
Ⅲ 가석방 ·····················································120
제5절 형의 시효·소멸·기간 ··························121
제6절 보안처분 ·············································121
