우리 형법의 입법배경을 철저히 분석하여 우리 법이 선택한 이론을 명확히 소개하고, 실제 이론문제에서 상당수 출제되는 합일태적 범죄체계를 비교설명하는 방식으로 교재를 구성하였다.
서울대학교 법과대학졸업
서울대학교 법과대학 석사과정 수료(형사법전공)
현)해커스 경찰공무원학원 형사소송법 전임
윌비스한림법학원 변호사시험 형사법 전임
윌비스경찰간부학원 형사법 전임
네오고시뱅크 경찰승진학원 형법, 형사소송법 전임
전)서남대학교 경찰행정법학과 객원교수
윌비스경찰학원 형사소송법 전임
한양대학교, 성균관대학교, 홍익대학교 고시반 특강
서강대학교, 원광대학교 로스쿨 특강
경동대학교, 한라대학교 경찰행정학과 특강
형법 총론
제1편 서론
제1장 형법의 기본개념
제1절 형법의 의의····························································································· 3
제2절 형법의 기능···························································································· 4
제3절 형법이론 ································································································ 5
제4절 죄형법정주의··························································································· 7
제2장 형법의 적용범위
제1절 시간적 적용범위···················································································· 30
제2절 장소적 적용범위··················································································· 39
제1항 입법주의 / 39
제2항 형법의 태도 / 39
제3절 인적 적용범위······················································································· 45
제2편 범죄론
제1장 범죄론의 기초
제1절 범죄의 의의와 종류··············································································· 49
제1항 범죄의 개념 / 49
제2항 범죄의 성립요건·처벌조건·소추조건 / 49
제3항 범죄의 종류 / 52
제2절 행위론··································································································· 58
제3절 범죄체계론···························································································· 59
제2장 구성요건론
제1절 구성요건 이론······················································································· 60
제1항 서설 / 60
제2항 구성요건 요소 / 63
제2절 행위반가치와 결과반가치······································································ 65
제3절 범죄의 주체와 객체·············································································· 68
제1항 범죄(행위)의 주체 / 68
제2항 범죄(행위)의 객체와 보호의 객체 / 73
제4절 부작위범································································································ 74
제1항 서설 / 74
제2항 부작위범의 성립요건 / 77
제3항 부작위범의 처벌 / 85
제4항 관련문제 / 85
제5절 인과관계와 객관적 귀속이론································································ 88
제1항 인과관계 / 88
제2항 객관적 귀속이론 / 95
제6절 구성요건적 고의··················································································· 99
제1항 서설 / 99
제2항 고의의 본질과 내용 / 99
제3항 고의의 종류 / 102
제4항 고의의 존재시기 / 108
제7절 구성요건적 착오(사실의 착오) ····························································· 109
제1항 서설 / 109
제2항 구성요건적 착오의 종류 / 109
제3항 구성요건적 착오와 고의의 성부 / 110
제4항 관련문제 / 113
제8절 과실범·································································································· 114
제1항 서설 / 115
제2항 과실범의 성립요건 / 118
제3항 객관적 주의의무의 제한원리 / 122
제4항 관련문제 / 130
제9절 결과적 가중범······················································································ 131
제1항 서설 / 131 제2항 결과적 가중범의 성립요건 / 134
제3항 관련문제 / 138
제3장 위법성론
제1절 위법성의 일반이론··············································································· 142
제1항 서설 / 142
제2항 위법성조각사유 / 143
제2절 정당방위······························································································ 145
제1항 서설 / 145
제2항 정당방위의 성립요건 / 146
제3항 과잉방위와 오상방위 / 156
제3절 긴급피난······························································································ 159
제1항 서설 / 159
제2항 긴급피난의 성립요건 / 160
제3항 긴급피난의 효과와 특칙 / 165
제4항 과잉피난과 오상피난 / 166
제5항 의무의 충돌 / 166
제4절 자구행위······························································································ 169
제1항 서설 / 169
제2항 성립요건 / 169
제3항 자구행위의 효과 / 173
제5절 피해자의 승낙······················································································ 174
제1항 서설 / 174
제2항 피해자 승낙의 성립요건 / 176
제3항 피해자 승낙의 효과 / 180
제4항 추정적 승낙 / 181
제6절 정당행위······························································································ 184
제1항 의의 / 184
제2항 법령에 의한 행위 / 184
제3항 업무로 인한 행위 / 194
제4항 사회상규에 위배되지 않는 행위 / 198
제4장 책임론
제1절 책임이론······························································································ 209
제1항 서설 / 209
제2항 책임의 근거 / 210
제3항 책임의 본질 / 211
제2절 책임능력······························································································ 213
제1항 서설 / 213
제2항 책임무능력자 / 214
제3항 한정책임능력자 / 221
제4항 원인에 있어서 자유로운 행위 / 223
제3절 위법성의 인식····················································································· 227
제4절 법률의 착오(금지착오) ········································································· 231
제5절 위법성조각사유의 전제사실에 대한 착오의 효과································ 240
제6절 기대가능성·························································································· 243
제1항 서설 / 243
제2항 강요된 행위 / 248
제5장 미수론
제1절 범죄의 실현단계·················································································· 252
제2절 예비·음모죄······················································································· 253
제1항 서설 / 253
제2항 예비죄의 성립요건 / 255
제3항 예비죄의 처벌 / 257
제4항 관련문제 / 259
제3절 미수범의 일반이론··············································································· 261
제1항 서설 / 261
제2항 미수범의 체계와 처벌 / 262
제4절 장애미수····························································································· 264
제1항 의의 / 264
제2항 장애미수의 성립요건 / 264
제3항 처벌 / 275
제5절 중지미수······························································································ 276
제1항 의의 / 276
제2항 중지미수의 성립요건 / 276
제3항 처벌 / 280
제4항 공범과 중지미수 / 281
제6절 불능미수····························································································· 283
제1항 의의 / 283
제2항 구별개념 / 283
제3항 불능미수의 성립요건 / 285
제4항 불능미수의 처벌 / 289
제6장 정범 및 공범론
제1절 정범과 공범의 일반이론······································································ 290
제1항 공범의 분류 / 290
제2항 정범과 공범의 구별 / 295
제3항 공범의 종속성 / 297
제4항 공범의 처벌근거 / 300
제2절 공동정범이론······················································································· 301
제1항 서설 / 301
제2항 공동정범의 성립요건 / 303
제3항 공동정범의 처벌 / 318
제3절 간접정범····························································································· 323
제1항 간접정범의 개념 / 323
제2항 간접정범의 성립요건 / 323
제3항 처벌 / 328
제4항 관련문제 / 329
제4절 교사범································································································· 332
제1항 서설 / 332
제2항 교사범의 성립요건 / 333
제3항 교사의 미수 / 338
제4항 교사의 착오 / 339
제5항 교사범의 처벌 / 341
제6항 관련문제 / 342
제5절 종범(방조범) ························································································ 343
제1항 서설 / 343
제2항 종범의 성립요건 / 344
제3항 종범의 처벌 / 353
제4항 종범의 착오 기타 / 354
제6절 공범과 신분························································································ 355
제1항 서설 / 355
제2항 제33조의 해석 / 357
제3항 소극적 신분과 공범 / 363
제7장 죄수론
제1절 죄수의 일반이론·················································································· 365
제1항 죄수론의 의의 / 365
제2항 죄수결정의 기준 / 365
제2절 일 죄·································································································· 368
제1항 서설 / 368
제2항 법조경합 / 368
제3항 포괄일죄 / 377
제3절 수 죄·································································································· 382
제1항 서설 / 382
제2항 상상적 경합 / 382
제3항 실체적 경합 / 388
제3편 형벌론
제1절 형벌의 종류························································································ 400
제1항 서설 / 400
제2항 사형 / 400
제3항 자유형 / 401
제4항 재산형 / 401
제5항 명예형 / 415
제2절 형의 양정(양형) ··················································································· 417
제1항 서설 / 417
제2항 형의 가중·감경·면제 / 418
제3항 형의 가중·감경례 / 425
제4항 양형의 조건 / 427
제5항 판결선고전 구금일수의 산입과 판결의 공시 / 428
제3절 누 범·································································································· 430
제1항 서설 / 430
제2항 누범가중의 요건 / 431
제3항 누범의 효과 / 434
제4절 형의 유예제도····················································································· 436
제1항 선고유예 / 436
제2항 집행유예 / 439
제3항 가석방 / 446
제5절 형의 시효와 소멸················································································ 450
제1항 형의 시효 / 450
제2항 형의 소멸·실효·복권·사면 / 452
제6절 보안처분····························································································· 455
제1항 보안처분의 일반론 / 455
제2항 보안처분의 종류 / 455
제3항 현행법상의 보안처분 / 456