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 ···································································································· 41
[1] 형법학파/ 41 [2] 형벌이론/ 44 [3] 범죄이론/ 46

제3장 형법의 적용범위
제1절 형법의 시간적 적용범위 ··············································································· 48
[1] 서 설/ 48 [2] 형법의 태도/ 48 [3] 한시법/ 59
제2절 형법의 장소적 적용범위 ··············································································· 64
[1] 서 설/ 64 [2] 형법의 태도/ 65
제3절 형법의 인적 적용범위 ·················································································· 71
[1] 의 의/ 71 [2] 예 외/ 71

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 ······································································································· 87
[1] 서 설/ 87 [2] 행위론의 종류/ 88
제3절 범죄체계론 ································································································· 91
[1] 범죄체계론의 의의/ 91 [2] 범죄체계론의 현황/ 92
제4절 행위의 주체와 객체 ····················································································· 93
[1] 행위의 주체/ 93 [2] 행위의 객체와 보호의 객체/ 102

제2장 구성요건론
제1절 구성요건의 일반이론 ················································································· 104
[1] 구성요건의 의의/ 104 [2] 구성요건과 위법성의 관계/ 105
[3] 구성요건의 요소/ 106 [4] 구성요건해당성배제사유/ 107
제2절 결과반가치와 행위반가치 ··········································································· 108
[1] 결과반가치와 행위반가치/ 108 [2] 결과반가치론과 행위반가치론/ 108
[3] 결과반가치와 행위반가치의 내용/ 110
제3절 부작위범 ·································································································· 112
[1] 부작위/ 112 [2] 부작위범/ 114
[3] 부진정부작위범의 구성요건/ 118 [4] 관련문제/ 128
제4절 인과관계와 객관적 귀속 ············································································· 131
[1] 서 설/ 131 [2] 인과관계에 관한 학설/ 133
[3] 객관적 귀속이론/ 142 [4] 형법 제17조의 해석/ 149
제5절 구성요건적 고의 ······················································································· 150
[1] 고의의 의의와 본질/ 150 [2] 고의의 체계적 지위/ 151
[3] 고의의 내용/ 152 [4] 고의의 종류/ 154
제6절 구성요건적 착오 ······················································································· 162
[1] 서 설/ 162 [2] 구성요건적 착오의 유형/ 164
[3] 구성요건적 착오에 관한 학설과 판례/ 165
[4] 가감적 구성요건요소에 대한 착오/ 170
[5] 인과관계의 착오와 개괄적 고의/ 172 [6] 관련문제/ 177
제7절 과실범 ····································································································· 178
[1] 서 설/ 178 [2] 과실범의 성립요건/ 182
[3] 객관적 주의의무의 제한원리/ 191 [4] 관련문제/ 198
제8절 결과적 가중범 ·························································································· 199
[1] 서 설/ 199 [2] 결과적 가중범의 성립요건/ 202
[3] 관련문제/ 208

제3장 위법성론
제1절 위법성의 일반이론 ···················································································· 214
[1] 위법성의 의의/ 214 [2] 위법성의 본질/ 215
[3] 위법성의 평가방법/ 216 [4] 위법성조각사유/ 217
제2절 정당방위 ·································································································· 223
[1] 서 설/ 223 [2] 정당방위의 성립요건/ 224
[3] 정당방위의 효과/ 236 [4] 과잉방위와 오상방위/ 237
제3절 긴급피난 ·································································································· 243
[1] 서 설/ 243 [2] 긴급피난의 성립요건/ 245
[3] 긴급피난의 효과/ 251 [4] 과잉피난과 오상피난/ 252
[5] 의무의 충돌/ 253
제4절 자구행위 ·································································································· 257
[1] 서 설/ 257 [2] 자구행위의 성립요건/ 258
[3] 자구행위의 효과/ 262 [4] 과잉자구행위와 오상자구행위/ 263
제5절 피해자의 승낙 ·························································································· 265
[1] 양 해/ 265 [2] 피해자의 승낙/ 267
[3] 추정적 승낙/ 272
제6절 정당행위 ·································································································· 276
[1] 서 설/ 276 [2] 법령에 의한 행위/ 277
[3] 업무로 인한 행위/ 286 [4] 사회상규에 위배되지 않는 행위/ 290

제4장 책임론
제1절 책임의 일반이론 ······················································································· 300
[1] 서 설/ 300 [2] 책임의 근거/ 301
[3] 책임의 본질/ 303 [4] 책임의 판단/ 306
제2절 책임능력 ·································································································· 308
[1] 서 설/ 308 [2] 책임무능력자/ 309
[3] 한정책임능력자/ 314 [4] 원인에 있어서 자유로운 행위/ 316
제3절 위법성의 인식과 금지착오 ········································································· 324
[1] 위법성의 인식/ 324 [2] 금지착오/ 328
[3] 위법성조각사유의 전제사실에 대한 착오/ 341
제4절 기대가능성 ······························································································· 346
[1] 기대가능성이론/ 346 [2] 강요된 행위/ 351
[3] 초법규적 책임조각사유/ 355

제5장 미수론
제1절 미수범의 일반이론 ···················································································· 357
[1] 범죄실현의 단계/ 357 [2] 미수범의 처벌근거/ 359
제2절 장애미수 ·································································································· 361
[1] 의 의/ 361 [2] 장애미수의 성립요건/ 361
[3] 장애미수의 처벌/ 368 [4] 관련문제/ 369
제3절 중지미수 ·································································································· 370
[1] 서 설/ 370 [2] 중지미수의 성립요건/ 371
[3] 중지미수의 처벌/ 379 [4] 관련문제/ 380
제4절 불능미수 ·································································································· 385
[1] 서 설/ 385 [2] 불능미수의 성립요건/ 386
[3] 불능미수의 처벌 및 관련문제/ 392
제5절 예비죄 ···································································································· 395
[1] 서 설/ 395 [2] 예비죄의 법적 성격/ 396
[3] 예비죄의 성립요건/ 397 [4] 관련문제/ 400

제6장 정범 및 공범론
제1절 정범·공범의 일반이론 ················································································ 403
[1] 서 설/ 403 [2] 정범과 공범의 구별/ 408
[3] 공범의 종속성과 처벌근거/ 414
제2절 간접정범 ·································································································· 418
[1] 서 설/ 418 [2] 간접정범의 성립요건/ 419
[3] 간접정범의 처벌/ 425 [4] 관련문제/ 426
[5] 특수교사·방조/ 429
제3절 공동정범 ·································································································· 430
[1] 서 설/ 430 [2] 공동정범의 성립요건/ 432
[3] 공동정범의 처벌/ 452 [4] 관련문제/ 453
제4절 교사범 ····································································································· 466
[1] 서 설/ 466 [2] 교사범의 성립요건/ 467
[3] 교사의 착오/ 473 [4] 교사범의 처벌/ 476
[5] 관련문제/ 476
제5절 종 범 ······································································································ 479
[1] 서 설/ 479 [2] 종범의 성립요건/ 480
[3] 종범의 착오/ 489 [4] 종범의 처벌/ 490
[5] 관련문제/ 491
제6절 공범과 신분 ····························································································· 493
[1] 서 설/ 493 [2] 형법 제33조의 해석론/ 495
[3] 소극적 신분과 공범/ 503 [4] 입법론/ 505

제7장 죄수론
제1절 죄수의 일반이론 ······················································································· 506
[1] 죄수론의 의의/ 506 [2] 죄수결정의 기준/ 506
[3] 수죄의 처벌/ 510
제2절 일 죄 ······································································································ 511
[1] 서 설/ 511 [2] 법조경합 / 511 [3] 포괄일죄/ 520
제3절 수 죄 ······································································································ 532
[1] 상상적 경합/ 532 [2] 실체적 경합/ 541

제3편 형 벌 론
제1절 형벌의 종류 ····························································································· 553
[1] 서 설/ 553 [2] 사 형/ 553 [3] 자유형/ 554
[4] 재산형/ 555 [5] 명예형/ 567 [6] 형의 경중/ 568
제2절 형의 양정 ································································································ 570
[1] 의 의/ 570 [2] 형의 양정의 단계/ 570
[3] 형의 가중·감경·면제/ 570 [4] 양 형/ 578
[5] 판결선고 전 구금 및 판결의 공시/ 580
제3절 누 범 ······································································································ 582
[1] 서 설/ 582 [2] 누범가중의 요건/ 583
[3] 누범의 효과/ 586 [4] 판결선고 후의 누범발각/ 587
제4절 집행유예·선고유예·가석방 ··········································································· 589
[1] 집행유예/ 589 [2] 선고유예/ 596 [3] 가석방/ 600
제5절 형의 시효·소멸·기간 ·················································································· 604
[1] 형의 시효/ 604 [2] 형의 소멸·실효와 복권·사면/ 605
[3] 형의 기간/ 608
제6절 보안처분 ·································································································· 609
[1] 보안처분의 일반이론/ 609 [2] 현행법상의 보안처분/ 612

형법각론

제1편 개인적 법익에 대한 죄

제1장 생명과 신체에 대한 죄
제1절 살인의 죄 ································································································ 621
[1] 총 설/ 621 [2] 살인죄/ 621 [3] 존속살해죄/ 627
[4] 영아살해죄/ 629 [5] 촉탁·승낙살인죄/ 632 [6] 자살교사·방조죄/ 633
[7] 위계·위력에 의한 살인죄/ 637 [8] 살인예비·음모죄/ 638
제2절 상해와 폭행의 죄 ······················································································ 639
[1] 총 설/ 639 [2] 상해죄/ 640 [3] 존속상해죄/ 646
[4] 중상해죄/ 646 [5] 존속중상해죄/ 648 [6] 특수상해죄/ 648
[7] 상해치사죄·존속상해치사죄/ 649 [8] 상해의 동시범특례/ 649
[9] 폭행죄/ 650 [10] 존속폭행죄/ 655 [11] 특수폭행죄/ 655
[12] 폭행치사상죄/ 661 [13] 상습상해·폭행죄/ 662
제3절 과실치사상의 죄 ······················································································· 663
[1] 총 설/ 663 [2] 과실치상죄/ 664 [3] 과실치사죄/ 664
[4] 업무상과실·중과실치사상죄/ 665
제4절 낙태의 죄 ································································································ 676
[1] 총 설/ 676 [2] 자기낙태죄/ 678 [3] 동의낙태죄/ 678
[4] 업무상동의낙태죄/ 679 [5] 부동의낙태죄/ 680 [6] 낙태치사상죄/ 681
제5절 유기와 학대의 죄 ······················································································ 682
[1] 총 설/ 682 [2] 유기죄/ 683 [3] 존속유기죄/ 687
[4] 중유기죄·존속중유기죄/ 687 [5] 영아유기죄/ 688
[6] 학대죄/ 688 [7] 존속학대죄/ 690 [8] 아동혹사죄/ 690
[9] 유기치사상죄/ 692
제2장 자유에 대한 죄
제1절 협박의 죄 ································································································ 693
[1] 총 설/ 693 [2] 협박죄/ 694 [3] 존속협박죄/ 703
[4] 특수협박죄/ 703 [5] 상습협박죄/ 703
제2절 강요의 죄 ································································································ 704
[1] 총 설/ 704 [2] 강요죄/ 704 [3] 특수강요죄/ 710 [4] 중강요죄/ 710
[5] 인질강요죄/ 711 [6] 인질상해·치상죄/ 713 [7] 인질살해·치사죄/ 713
제3절 체포와 감금의 죄 ······················································································ 714
[1] 총 설/ 714 [2] 체포·감금죄/ 714 [3] 존속체포·감금죄/ 721
[4] 중체포·감금죄, 존속중체포·감금죄/ 722 [5] 특수체포·감금죄/ 723
[6] 상습체포·감금죄/ 723 [7] 체포·감금치사상죄/ 723
제4절 약취·유인 및 인신매매의 죄 ······································································· 725
[1] 총 설/ 725 [2] 미성년자 약취·유인죄/ 726
[3] 추행·간음·결혼·영리목적 약취·유인죄/ 732
[4] 노동력 착취·성매매와 성적 착취·장기적출목적 약취·유인죄/ 735
[5] 국외이송목적 약취·유인죄/ 735 [6] 피약취·유인자 국외이송죄/ 736
[7] 인신매매죄/ 737 [8] 추행·간음·결혼·영리목적 인신매매죄/ 738
[9] 노동력 착취·성매매와 성적 착취·장기적출목적 인신매매죄/ 738
[10] 국외이송목적 인신매매죄/ 739 [11] 피매매자 국외이송죄/ 739
[12] 피약취·유인·매매·이송자 상해·치상죄/ 739
[13] 피약취·유인·매매·이송자 살인·치사죄/ 740
[14] 피약취·유인·매매·이송자 수수·은닉죄/ 740
[15] 약취·유인·매매·이송목적 모집·운송·전달죄/ 741
제5절 강간과 추행의 죄 ······················································································ 742
[1] 총 설/ 742 [2] 강간죄/ 746 [3] 유사강간죄/ 751
[4] 강제추행죄/ 754 [5] 준강간죄·준강제추행죄/ 758
[6] 미성년자의제강간·강제추행죄/ 762
[7] 강간상해·치상죄, 강간살인·치사죄/ 764
[8] 미성년자·심신미약자 간음·추행죄/ 768
[9] 피감호자간음죄/ 770 [10] 피구금자간음죄/ 772 [11] 상습범/ 773

제3장 명예와 신용에 대한 죄
제1절 명예에 관한 죄 ························································································· 774
[1] 총 설/ 774 [2] 명예훼손죄/ 775 [3] 사자의 명예훼손죄/ 795
[4] 출판물에 의한 명예훼손죄/ 796 [5] 모욕죄/ 801
제2절 신용·업무와 경매에 관한 죄 ······································································· 806
[1] 총 설/ 806 [2] 신용훼손죄/ 806 [3] 업무방해죄/ 809
[4] 컴퓨터업무방해죄/ 827 [5] 경매·입찰방해죄/ 831

제4장 사생활의 평온에 대한 죄
제1절 비밀침해의 죄 ·························································································· 835
[1] 총 설/ 835 [2] 비밀침해죄/ 836 [3] 업무상비밀누설죄/ 839
제2절 주거침입의 죄 ·························································································· 843
[1] 총 설/ 843 [2] 주거침입죄/ 844 [3] 퇴거불응죄/ 857
[4] 특수주거침입죄/ 859 [5] 주거·신체수색죄/ 860

제5장 재산에 대한 죄
제1절 재산죄의 기본개념 ···················································································· 862
[1] 재산죄의 분류/ 862 [2] 재산죄의 객체/ 863 [3] 형법상의 점유/ 871
[4] 불법영득의사/ 881 [5] 친족상도례/ 893
제2절 절도의 죄 ································································································ 900
[1] 총 설/ 900 [2] 절도죄/ 901 [3] 야간주거침입절도죄/ 912
[4] 특수절도죄/ 914 [5] 자동차 등 불법사용죄/ 920 [6] 상습절도죄/ 923
제3절 강도의 죄 ································································································ 925
[1] 총 설/ 925 [2] 강도죄/ 926 [3] 특수강도죄/ 937
[4] 준강도죄/ 939 [5] 인질강도죄/ 949
[6] 강도상해·치상죄/ 951 [7] 강도살인·치사죄/ 954
[8] 강도강간죄/ 957 [9] 해상강도죄, 해상강도상해·치상·살인·치사·강간죄/ 960
[10] 상습강도죄/ 962 [11] 강도예비·음모죄/ 962
제4절 사기의 죄 ································································································ 963
[1] 총 설/ 963 [2] 사기죄/ 964
[3] 컴퓨터 등 사용사기죄/ 1009 [4] 신용카드 관련범죄/ 1015
[5] 준사기죄/ 1025 [6] 편의시설부정이용죄/ 1027
[7] 부당이득죄/ 1028 [8] 상습사기죄/ 1031
제5절 공갈의 죄 ······························································································· 1032
[1] 총 설/ 1032 [2] 공갈죄/ 1033
[3] 특수공갈죄/ 1042 [4] 상습공갈죄/ 1042
제6절 횡령의 죄 ······························································································ 1043
[1] 총 설/ 1043 [2] 횡령죄/ 1044
[3] 업무상횡령죄/ 1088 [4] 점유이탈물횡령죄/ 1089
제7절 배임의 죄 ······························································································· 1091
[1] 총 설/ 1091 [2] 배임죄/ 1093 [3] 업무상배임죄/ 1129
[4] 배임수재죄/ 1130 [5] 배임증재죄/ 1139
제8절 장물의 죄 ······························································································· 1141
[1] 총 설/ 1141 [2] 장물죄/ 1151
[3] 상습장물죄/ 1159 [4] 업무상과실·중과실장물죄/ 1160
제9절 손괴의 죄 ······························································································· 1161
[1] 총 설/ 1161 [2] 재물손괴죄/ 1161
[3] 공익건조물파괴죄/ 1170 [4] 중손괴죄·손괴치사상죄/ 1171
[5] 특수손괴죄/ 1171 [6] 경계침범죄/ 1171
제10절 권리행사를 방해하는 죄 ········································································· 1175
[1] 총 설/ 1175 [2] 권리행사방해죄/ 1175 [3] 점유강취죄/ 1182
[4] 준점유강취죄/ 1183 [5] 중권리행사방해죄/ 1183
[6] 강제집행면탈죄/ 1183

제2편 사회적 법익에 대한 죄

제1장 공공의 안전과 평온에 대한 죄
제1절 공안을 해하는 죄 ···················································································· 1195
[1] 총 설/ 1195 [2] 범죄단체 등 조직죄/ 1195 [3] 소요죄/ 1200
[4] 다중불해산죄/ 1203 [5] 전시공수계약불이행죄/ 1204
[6] 공무원자격사칭죄/ 1205
제2절 폭발물에 관한 죄 ···················································································· 1207
[1] 총 설/ 1207 [2] 폭발물사용죄/ 1207 [3] 전시폭발물사용죄/ 1209
[4] 폭발물사용 예비·음모·선동죄/ 1210
[5] 전시폭발물 제조·수입·수출·수수·소지죄/ 1210
제3절 방화와 실화의 죄 ···················································································· 1211
[1] 총 설/ 1211 [2] 현주건조물 등 방화죄/ 1213
[3] 현주건조물 등 방화치사상죄/ 1218 [4] 공용건조물 등 방화죄/ 1220
[5] 일반건조물 등 방화죄/ 1220 [6] 일반물건방화죄/ 1222
[7] 연소죄/ 1223 [8] 진화방해죄/ 1224
[9] 폭발성물건파열죄/ 1225 [10] 폭발성물건파열치사상죄/ 1225
[11] 가스·전기 등 방류죄/ 1226 [12] 가스·전기 등 방류치사상죄/ 1226
[13] 가스·전기 등 공급방해죄/ 1226 [14] 가스·전기 등 공급방해치사상죄/ 1226
[15] 방화 등 예비·음모죄/ 1227 [16] 실화죄/ 1227
[17] 업무상실화·중실화죄/ 1227 [18] 과실폭발성물건파열 등 죄/ 1228
제4절 일수와 수리에 관한 죄 ············································································ 1230
[1] 총 설/ 1230 [2] 현주건조물 등 일수죄/ 1230
[3] 현주건조물일수치사상죄/ 1231 [4] 공용건조물 등 일수죄/ 1232
[5] 일반건조물 등 일수죄/ 1232 [6] 방수방해죄/ 1232
[7] 과실일수죄/ 1233 [8] 일수예비·음모죄/ 1233 [9] 수리방해죄/ 1234
제5절 교통방해의 죄 ························································································ 1236
[1] 총 설/ 1236 [2] 일반교통방해죄/ 1236 [3] 기차·선박 등 교통방해죄/ 1240
[4] 기차 등 전복죄/ 1241 [5] 교통방해치사상죄/ 1242
[6] 과실교통방해죄/ 1242 [7] 업무상과실·중과실교통방해죄/ 1243

제2장 공공의 신용에 대한 죄
제1절 통화에 관한 죄 ······················································································· 1245
[1] 총 설/ 1245 [2] 내국통화 위조·변조죄/ 1246
[3] 내국유통 외국통화 위조·변조죄/ 1248
[4] 외국통용 외국통화 위조·변조죄/ 1248
[5] 위조·변조통화 행사 등 죄/ 1249 [6] 위조·변조통화취득죄/ 1252
[7] 위조통화취득후지정행사죄/ 1253 [8] 통화유사물제조·수입·수출죄/ 1253
[9] 통화위조·변조 예비·음모죄/ 1254
제2절 유가증권·인지와 우표에 관한 죄 ······························································· 1255
[1] 총 설/ 1255 [2] 유가증권 위조·변조죄/ 1255
[3] 기재의 위조·변조죄/ 1262 [4] 자격모용에 의한 유가증권작성죄/ 1264
[5] 허위유가증권작성죄/ 1265 [6] 위조 등 유가증권 행사·수입·수출죄/ 1267
[7] 인지·우표 위조·변조죄/ 1269
[8] 위조·변조 인지·우표 행사·수입·수출죄/ 1269
[9] 위조·변조 인지·우표 취득죄/ 1270 [10] 소인말소죄/ 1270
[11] 인지·우표유사물 제조·수입·수출죄/ 1270 [12] 예비·음모죄/ 1270
제3절 문서에 관한 죄 ······················································································· 1271
[1] 총 설/ 1271 [2] 사문서위조·변조죄/ 1282
[3] 자격모용에 의한 사문서작성죄/ 1296 [4] 사전자기록 위작·변작죄/ 1299
[5] 공문서위조·변조죄/ 1302 [6] 자격모용에 의한 공문서작성죄/ 1303
[7] 공전자기록 위작·변작죄/ 1304 [8] 허위진단서 등 작성죄/ 1305
[9] 허위공문서작성죄/ 1308 [10] 공정증서원본 등 부실기재죄/ 1316
[11] 위조·변조·작성 사문서행사죄/ 1327
[12] 위조·변조 등 공문서행사죄/ 1329 [13] 사문서부정행사죄/ 1330
[14] 공문서부정행사죄/ 1331
제4절 인장에 관한 죄 ······················································································· 1336
[1] 총 설/ 1336 [2] 사인 등 위조·부정사용죄/ 1338
[3] 위조사인 등 행사죄/ 1340 [4] 공인 등 위조·부정사용죄/ 1341
[5] 위조공인 등 행사죄/ 1342

제3장 공중의 건강에 대한 죄
제1절 먹는 물에 관한 죄 ·················································································· 1343
[1] 총 설/ 1343 [2] 먹는 물 사용방해죄/ 1343
[3] 먹는 물 유해물혼입죄/ 1344 [4] 수돗물사용방해죄/ 1345
[5] 수돗물유해물혼입죄/ 1346 [6] 먹는 물 혼독치사상죄/ 1346
[7] 수도불통죄/ 1346
제2절 아편에 관한 죄 ······················································································· 1348
[1] 총 설/ 1348 [2] 아편흡식죄/ 1348 [3] 아편흡식장소제공죄/ 1349
[4] 아편 등 제조·수입·판매·판매목적소지죄/ 1350
[5] 아편흡식기 제조·수입·판매·판매목적소지죄/ 1350
[6] 세관공무원의 아편 등 수입·수입허용죄/ 1351
[7] 상습아편흡식·제조·수입·판매죄/ 1351 [8] 아편 등 소지죄/ 1351

제4장 사회의 도덕에 대한 죄
제1절 성풍속에 관한 죄 ···················································································· 1352
[1] 총 설/ 1352 [2] 음행매개죄/ 1352
[3] 음화 등 반포·판매·임대·공연전시죄/ 1354
[4] 음화 등 제조·소지·수입·수출죄/ 1358 [5] 공연음란죄/ 1359
제2절 도박과 복표에 관한 죄 ············································································ 1362
[1] 총 설/ 1362 [2] 도박죄/ 1362 [3] 상습도박죄/ 1366
[4] 도박장소 등 개설죄/ 1367 [5] 복표발매·중개·취득죄/ 1369
제3절 신앙에 관한 죄 ······················································································· 1371
[1] 총 설/ 1371 [2] 장례식 등 방해죄/ 1371
[3] 시체 등 오욕죄/ 1373 [4] 분묘발굴죄/ 1374
[5] 시체 등 손괴·유기·은닉·영득죄/ 1376 [6] 변사체검시방해죄/ 1378

제3편 국가적 법익에 대한 죄

제1장 국가의 존립과 권위에 대한 죄
제1절 내란의 죄 ······························································································· 1383
[1] 총 설/ 1383 [2] 내란죄/ 1384 [3] 내란목적살인죄/ 1388
[4] 내란예비·음모·선동·선전죄/ 1389
제2절 외환의 죄 ······························································································· 1391
[1] 총 설/ 1391 [2] 외환유치죄/ 1391 [3] 여적죄/ 1392
[4] 모병이적죄/ 1393 [5] 시설제공이적죄/ 1393
[6] 시설파괴이적죄/ 1393 [7] 물건제공이적죄/ 1393
[8] 일반이적죄/ 1393 [9] 간첩죄/ 1394
[10] 전시군수계약불이행죄/ 1398 [11] 외환예비·음모·선동·선전죄/ 1399
제3절 국기에 관한 죄 ······················································································· 1400
[1] 총 설/ 1400 [2] 국기·국장모독죄/ 1400
[3] 국기·국장비방죄/ 1401
제4절 국교에 관한 죄 ······················································································· 1402
[1] 총 설/ 1402 [2] 외국원수에 대한 폭행 등 죄/ 1403
[3] 외국사절에 대한 폭행 등 죄/ 1403 [4] 외국국기·국장모독죄/ 1404
[5] 외국에 대한 사전죄/ 1404 [6] 중립명령위반죄/ 1405
[7] 외교상기밀누설죄/ 1405

제2장 국가의 기능에 대한 죄
제1절 공무원의 직무에 관한 죄 ········································································· 1407
[1] 총 설/ 1407 [2] 직무유기죄/ 1409 [3] 피의사실공표죄/ 1416
[4] 공무상비밀누설죄/ 1418 [5] 직권남용죄/ 1421
[6] 불법체포·감금죄/ 1428 [7] 폭행·가혹행위죄/ 1429
[8] 선거방해죄/ 1430 [9] 뇌물죄의 일반이론/ 1431
[10] 수뢰죄/ 1447 [11] 사전수뢰죄/ 1454
[12] 제3자뇌물공여죄/ 1456 [13] 수뢰후부정처사죄/ 1460
[14] 부정처사후수뢰죄/ 1461 [15] 사후수뢰죄/ 1462
[16] 알선수뢰죄/ 1463 [17] 증뢰죄/ 1466
제2절 공무방해에 관한 죄 ················································································· 1470
[1] 총 설/ 1470 [2] 공무집행방해죄/ 1470
[3] 직무·사직강요죄/ 1486 [4] 위계에 의한 공무집행방해죄/ 1487
[5] 법정·국회회의장모욕죄/ 1496 [6] 인권옹호직무방해죄/ 1498
[7] 공무상 봉인 등 표시무효죄/ 1499 [8] 공무상비밀침해죄/ 1505
[9] 부동산강제집행효용침해죄/ 1505 [10] 공용서류 등 무효죄/ 1507
[11] 공용물파괴죄/ 1510 [12] 공무상보관물무효죄/ 1511
[13] 특수공무방해죄·특수공무방해치사상죄/ 1512
제3절 도주와 범인은닉의 죄 ·············································································· 1515
[1] 총 설/ 1515 [2] 도주죄/ 1515 [3] 집합명령위반죄/ 1517
[4] 특수도주죄/ 1518 [5] 도주원조죄/ 1519
[6] 간수자도주원조죄/ 1520 [7] 범인은닉죄/ 1521
제4절 위증과 증거인멸의 죄 ·············································································· 1533
[1] 총 설/ 1533 [2] 위증죄/ 1533 [3] 모해위증죄/ 1545
[4] 허위감정·통역·번역죄/ 1545 [5] 증거인멸죄/ 1546
[6] 증인은닉·도피죄/ 1553 [7] 모해증거인멸죄/ 1554
제5절 무고의 죄 ······························································································· 1555
[1] 총 설/ 1555 [2] 무고죄/ 1555

[판례색인] ······································································································ 1569
[사항색인] ······································································································ 1596