형법 총론 
제1편 형법의 일반이론 
제1장 형법의 기본개념 
Ⅰ. 형법의 의의 ······································································· 3 
Ⅱ. 형법의 성격 ······································································· 3 
Ⅲ. 형법의 기능 ······································································· 3 
제2장 형법이론 
Ⅰ. 형법 학파 ··········································································· 4 
Ⅱ. 범죄이론 ············································································ 5 
Ⅲ. 형벌이론 ············································································ 6 
제3장 죄형법정주의 
Ⅰ. 서 론 ················································································· 7 
Ⅱ. 내 용 ················································································· 7 
제4장 형법의 적용범위 
Ⅰ. 시간적 적용범위 ······························································ 14 
Ⅱ. 장소적 적용범위 ······························································ 16 
Ⅲ. 인적 적용범위 ·································································· 18 
Ⅳ. 형법 총칙의 적용 ····························································· 18 
 
제2편 범죄론 
제1장 범죄론의 기초 
제1절 범죄의 의의와 종류 
Ⅰ. 범죄의 의의 ····································································· 20 
Ⅱ. 범죄의 성립요건 ······························································ 20 
Ⅲ. 범죄의 처벌조건 ······························································ 20 
Ⅳ. 범죄의 소추조건 ······························································ 21 
Ⅴ. 범죄의 종류 ····································································· 21 
제2절 범죄체계론 ······························································· 25 
제3절 행위의 주체와 객체 ················································ 26 
Ⅰ. 범죄의 의의 ····································································· 20 
Ⅱ. 범죄의 성립요건 ······························································ 20 
Ⅲ. 범죄의 처벌조건 ······························································ 20 
Ⅳ. 범죄의 소추조건 ······························································ 21 
Ⅴ. 범죄의 종류 ····································································· 21 
제2장 구성요건론 
제1절 구성요건의 일반이론 
Ⅰ. 구성요건의 의의 ······························································ 29 
Ⅱ. 구성요건과 위법성의 관계 ··············································· 29 
Ⅲ. 구성요건의 요소 ······························································ 30 
제2절 인과관계와 객관적 귀속 
Ⅰ. 의의와 적용범위 ······························································ 31 
Ⅱ. 인과관계의 유형 ······························································ 31 
Ⅲ. 인과관계에 관한 학설 ······················································ 32 
Ⅳ. 객관적 귀속이론 ······························································ 33 
Ⅴ. 인과관계에 대한 판례정리 ··············································· 33 
제3절 구성요건적 고의 
Ⅰ. 의 의 ··············································································· 35 
Ⅱ. 고의의 본질(인식 + 의사) ················································ 35 
Ⅲ. 고의의 내용 ····································································· 35 
Ⅳ. 고의의 종류 ····································································· 36 
제4절 구성요건적 착오 
Ⅰ. 의 의 ··············································································· 39 
Ⅱ. 구성요건적 착오의 유형 ··················································· 39 
Ⅲ. 구성요건적 착오의 해결 ··················································· 40 
Ⅳ. 가감적 구성요건요소에 대한 착오 ··································· 41 
Ⅴ. 인과관계의 착오(인과관계 착오에 대한 학설 정리) ·········· 42 
Ⅵ. 병발사례 ·········································································· 42 
제3장 위법성 
제1절 위법성의 이론 
Ⅰ.위법성의 의의 ··································································· 43 
Ⅱ. 위법성의 본질(무엇을 위반?) ··········································· 43 
Ⅲ. 위법성의 평가방법(누구 기준?) ······································· 44 
Ⅳ. 위법성조각사유 ······························································· 44 
Ⅴ. 불법의 본질(결과반가치와 행위 반가치) ·························· 44 
Ⅵ. 주관적 정당화요소 ··························································· 45 
제2절 정당방위 
Ⅰ.의 의 ················································································ 47 
Ⅱ. 성립요건 ·········································································· 47 
Ⅲ. 정당방위의 효과 ······························································ 49 
Ⅳ. 과잉방위와 오상방위 ······················································· 49 
제3절 긴급피난 
제4절 자구행위 
Ⅰ. 의 의 ··············································································· 54 
Ⅱ. 성립요건 ·········································································· 54 
Ⅲ. 효 과 ··············································································· 55 
Ⅳ. 과잉자구행위와 오상자구행위 ········································· 55 
제5절 피해자의 승낙 
Ⅰ. 의 의 ··············································································· 57 
Ⅱ. 양 해 ··············································································· 57 
Ⅲ. 피해자의 승낙 ·································································· 58 
Ⅳ. 추정적 승낙 ····································································· 59 
제6절 정당행위 
Ⅰ. 서 론 ·············································································· 60 
Ⅱ. 법령에 의한 행위 ····························································· 60 
Ⅲ. 업무로 인한 행위 ····························································· 62 
Ⅳ. 사회상규에 위배되지 않는 행위 ······································· 62 
제4장 책임론 
제1절 책임이론 
Ⅰ. 책임의 의의와 근거 ·························································· 65 
Ⅱ. 책임의 본질 ····································································· 66 
제2절 책임능력 
Ⅰ. 서 론 ··············································································· 67 
Ⅱ. 책임무능력자 ··································································· 67 
Ⅲ. 한정 책임능력자 ······························································ 70 
Ⅳ. 원인에 있어서 자유로운 행위 ·········································· 71 
제3절 위법성의 인식 
Ⅰ. 서 설 ··············································································· 73 
Ⅱ. 위법성 인식의 체계적 지위 ·············································· 73 
제4절 법률의 착오 
Ⅰ. 의 의 ··············································································· 75 
Ⅱ. 법률의 착오의 유형 ·························································· 75 
Ⅲ. 법률의 착오의 효과 ·························································· 76 
Ⅳ. 형법 제16조와 정당한 이유 ············································· 77 
Ⅴ. 위법성조각사유의 전제사실에 관한 착오 ························· 79 
제5절 기대가능성 
Ⅰ. 서 설 ··············································································· 81 
Ⅱ. 기대가능성의 판단기준 ···················································· 81 
Ⅲ. 강요된 행위 ····································································· 82 
제5장 미수론 
제1절 미수범의 일반이론 
Ⅰ. 범죄의 실현단계 ······························································ 84 
Ⅱ. 미수범의 처벌근거 ··························································· 84 
Ⅲ. 형법상 미수범의 체계 ······················································ 85 
Ⅳ. 형법상 미수범 처벌규정 ················································· 85 
제2절 장애미수 ····································································· 87 
제3절 중지미수 ····································································· 90 
제4절 불능미수 ····································································· 92 
제5절 예비죄 ········································································· 95 
제6장 공범론 
제1절 공범이론 
Ⅰ. 서 론 ··············································································· 97 
Ⅱ. 정범과 공범의 구별 ·························································· 98 
Ⅲ. 공범의 종속성과 종속의 정도 ·········································· 99 
제2절 공동정범 
제3절 합동범 
제4절 동시범 
Ⅰ. 의 의 ············································································ 108 
Ⅱ. 제19조의 동시범 ··························································· 108 
Ⅲ. 제263조의 동시범 ························································· 108 
제5절 간접정범 
Ⅰ. 의 의 ············································································ 110 
Ⅱ. 성립요건 ········································································ 110 
Ⅲ. 간접정범의 처벌 ···························································· 110 
Ⅳ. 관련문제 ········································································ 111 
제6절 교사범 
Ⅰ. 의 의 ············································································ 113 
Ⅱ. 성립요건 ········································································ 113 
Ⅲ. 교사의 착오 ··································································· 114 
Ⅳ. 관련문제 ········································································ 116 
제7절 방조범(종범) 
Ⅰ. 의 의 ············································································ 117 
Ⅱ. 성립요건 ········································································ 117 
Ⅲ. 방조범의 처벌 ······························································· 119 
Ⅳ. 관련문제 ········································································ 119 
제8절 공범과 신분 
Ⅰ. 서 론 ············································································ 121 
Ⅱ. 형법 제33조의 해석 ······················································ 121 
Ⅲ. 진정신분범과 공범 ························································ 122 
Ⅳ. 부진정신분범과 공범 ····················································· 123 
Ⅴ. 소극적 신분과 공범 ······················································· 124 
제7장 특수한 형태의 범죄 
제1절 부작위범 
Ⅰ. 서 론 ············································································ 126 
Ⅱ. 부작위범의 종류 ···························································· 127 
Ⅲ. 부작위범 성립요건 ························································ 127 
Ⅳ. 부진정부작위범의 특유한 구성요건(부작위의 동치성) ··· 128 
Ⅴ. 관련문제 ········································································ 131 
제2절 과실범 
Ⅰ. 개념과 종류 ··································································· 132 
Ⅱ. 성립요건 ········································································ 134 
Ⅲ. 객관적 주의의무 제한원리 ············································· 135 
제3절 결과적 가중범 
Ⅰ. 서 론 ············································································ 138 
Ⅱ. 결과적 가중범의 유형 ···················································· 138 
Ⅲ. 결과적 가중범의 성립요건 ············································· 140 
Ⅳ. 관련문제 ········································································ 141 
제8장 죄수론 
제1절 죄수이론 
Ⅰ. 의 의 ············································································ 142 
Ⅱ. 죄수결정의 기준 ···························································· 142 
Ⅲ. 수죄에 대한 처벌 ··························································· 143 
제2절 일죄 
Ⅰ. 법조경합 ········································································ 144 
Ⅱ. 포괄일죄 ········································································ 146 
제3절 수죄 
Ⅰ. 상상적 경합 ··································································· 150 
Ⅱ. 실체적 경합 ··································································· 151 
제3편 형벌론 
제1장 형벌의 종류 ······························································ 156 
제2장 형의 양정 ·································································· 162 
제3장 누범 ············································································ 167 
제4장 선고유예·집행유예·가석방 ··································· 169 
제5장 형의 시효와 소멸 ····················································· 175 
제6장 보안처분 ···································································· 178 
 
 
형법 각론 
제1편 개인적 법익에 대한 죄 
제1장 생명과 신체에 대한 죄 
제1절 살인의 죄 
Ⅰ. 의 의 ············································································ 182 
Ⅱ. 구성요건의 체계 ···························································· 182 
Ⅲ. 보통살인죄 ···································································· 183 
Ⅳ. 존속살해죄(가중적 구성요건) ········································ 185 
Ⅴ. 영아살해죄(삭제) ··························································· 185 
Ⅵ. 촉탁⋅승낙에 의한 살인죄 ············································ 186 
Ⅶ. 자살교사⋅방조죄 ························································· 186 
Ⅷ. 위계⋅위력에 의한 살인죄 ············································ 187 
Ⅸ. 살인 예비⋅음모죄 ························································ 187 
제2절 상해와 폭행의 죄 
Ⅰ. 의 의 ············································································ 189 
Ⅱ. 구성요건의 체계 ···························································· 189 
Ⅲ 상해죄, 존속상해죄 ························································ 190 
Ⅳ. 중상해죄, 존속중상해죄 ················································ 191 
Ⅴ. 특수상해죄 ···································································· 192 
Ⅵ. 상해치사죄⋅존속상해치사죄 ········································ 193 
Ⅶ. 상해죄의 동시범 특례 ···················································· 193 
Ⅷ. 폭행죄⋅존속폭행죄 ······················································ 193 
Ⅸ. 특수폭행죄 ···································································· 195 
Ⅹ. 폭행치사상죄 ································································· 196  
Ⅺ. 상습상해⋅상습폭행죄 ·················································· 196 
제3절 과실치사상의 죄 
Ⅰ. 의 의 ············································································ 197 
Ⅱ. 과실치상죄⋅과실치사죄 ··············································· 197 
Ⅲ. 업무상 과실⋅중과실치사상죄 ······································· 19 
제4절 낙태의 죄 
Ⅰ. 의 의 ············································································ 200 
Ⅱ. 모자보건법상 인공임신중절 ··········································· 200 
Ⅲ. 자기낙태죄와 의사낙태죄에 대한 헌법불합치 결정 ········ 200 
제5절 유기와 학대의 죄 
Ⅰ. 의 의 ············································································ 201 
Ⅱ. 구성요건의 체계 ···························································· 201 
Ⅲ. 유기죄 ··········································································· 202 
Ⅳ. 존속유기죄 ···································································· 202 
Ⅴ. 중유기죄⋅존속중유기죄 ··············································· 203 
Ⅵ. 영아유기죄 (삭제) ························································· 203 
Ⅶ. 유기치사상죄⋅존속유기치사상죄 ································· 203 
Ⅷ. 학대죄 ··········································································· 203 
Ⅸ. 존속학대죄 ···································································· 204 
Ⅹ. 아동혹사죄 ···································································· 204 
제2장 자유에 관한 죄 
제1절 협박의 죄 
Ⅰ. 의 의 ············································································ 205 
Ⅱ. 구성요건의 체계 ···························································· 205 
Ⅲ. 협박죄 ··········································································· 205 
Ⅳ. 가중적 구성요건 ···························································· 207 
Ⅴ. 스토킹 범죄 ··································································· 207 
제2절 강요의 죄 
Ⅰ. 의 의 ············································································ 208 
Ⅱ. 구성요건의 체계 ···························································· 208 
Ⅲ. 강요죄 ··········································································· 208 
Ⅳ. 특수강요죄 ···································································· 209 
Ⅴ. 중강요죄 ········································································ 210 
Ⅵ. 인질강요죄 등 ······························································· 210 
제3절 체포와 감금의 죄 
Ⅰ. 의 의 ············································································ 211 
Ⅱ. 구성요건의 체계 ···························································· 211 
Ⅲ. 체포⋅감금죄 ································································ 211 
Ⅳ. 가중적 구성요건 ···························································· 212 
제4절 약취와 유인 및 인신매매의 죄 
Ⅰ. 의 의 ············································································ 215 
Ⅱ. 구성요건의 체계 ···························································· 215 
Ⅲ. 미성년자 약취⋅유인죄 ················································· 216 
Ⅳ. 가중적 구성요건 ···························································· 217 
제5절 강간과 추행의 죄 
Ⅰ. 의 의 ············································································ 219 
Ⅱ. 구성요건의 체계 ···························································· 219 
Ⅲ. 강간죄 ··········································································· 220 
Ⅳ. 준강간죄와 준강제추행죄 ·············································· 222 
Ⅴ. 미성년자 의제강간⋅의제강제추행죄 ···························· 223 
Ⅵ. 강간 등 상해⋅치상죄 ··················································· 223 
Ⅶ. 강간 등 살인⋅치사죄 ··················································· 224 
Ⅷ. 그 밖의 구성요건 ··························································· 224 
Ⅸ. 성범죄에 대한 특별형법 ················································ 226 
제3장 명예와 신용에 관한 죄 
제1절 명예에 관한 죄 
Ⅰ. 의 의 ············································································ 229 
Ⅱ. 구성요건의 체계 ···························································· 229 
Ⅲ. 명예훼손에 관한 죄 ······················································· 230 
Ⅳ. 모욕죄 ··········································································· 234 
제2절 신용·업무와 경매에 관한 죄 
Ⅰ. 의 의 ············································································ 236 
Ⅱ.구성요건의 체계 ····························································· 236 
Ⅲ. 신용훼손죄 ···································································· 236 
Ⅳ. 업무방해죄 ···································································· 238 
Ⅴ. 컴퓨터등 장애 업무방해죄 ············································· 241 
Ⅵ. 경매⋅입찰방해죄 ························································· 241 
제4장 사생활의 평온에 관한 죄 
제1절 비밀침해의 죄 
Ⅰ. 의 의 ············································································ 242 
Ⅱ. 구성요건의 체계 ···························································· 242 
Ⅲ. 비밀침해죄 ···································································· 242 
Ⅳ. 업무상 비밀누설죄 ························································ 244 
제2절 주거침입의 죄 
Ⅰ. 의 의 ············································································ 245 
Ⅱ. 구성요건의 체계 ···························································· 245 
Ⅲ. 주거침입죄 ···································································· 245 
Ⅳ.퇴거불응죄 ····································································· 248 
Ⅴ. 특수주거침입죄 ····························································· 248 
Ⅵ. 주거⋅신체수색죄 ························································· 249 
제5장 재산에 관한 죄 
제1절 재산죄 일반 
Ⅰ. 서 설 ············································································ 250 
Ⅱ. 재산죄의 객체 ······························································· 250 
Ⅲ. 형법상 점유 ··································································· 251 
Ⅳ. 불법영득의사 ································································· 253 
제2절 절도의 죄 
Ⅰ.의 의 ············································································· 255 
Ⅱ. 구성요건의 체계 ···························································· 255 
제3절 강도의 죄 
Ⅰ.의 의 ············································································· 259 
Ⅱ. 구성요건의 체계 ···························································· 259 
제4절 사기의 죄 
Ⅰ.의 의 ············································································· 266 
Ⅱ. 구성요건의 체계 ···························································· 266 
제5절 공갈의 죄 
Ⅰ.의 의 ············································································· 275 
Ⅱ. 구성요건의 체계 ···························································· 275 
제6절 횡령의 죄 
Ⅰ.서 론 ············································································· 278 
Ⅱ. 구성요건의 체계 ···························································· 278 
제7절 배임의 죄 
Ⅰ.서 론 ············································································· 288 
Ⅱ. 구성요건의 체계 ···························································· 288 
제8절 장물의 죄 
Ⅰ.서 론 ············································································· 295 
Ⅱ. 구성요건의 체계 ···························································· 295 
제9절 손괴의 죄 
Ⅰ.서 론 ············································································· 297 
Ⅱ. 구성요건의 체계 ···························································· 297 
제10절 권리행사를 방해하는 죄 
Ⅰ. 의 의 ············································································ 300 
Ⅱ. 구성요건의 체계 ···························································· 300 
 
제2편 사회적 법익에 대한 죄 
제1장 공공의 안전과 평온에 관한 죄 
제1절 공안을 해하는 죄 
Ⅰ. 의 의 ············································································ 304 
Ⅱ. 구성요건의 체계 ···························································· 304 
제2절 폭발물에 관한 죄 
Ⅰ. 의 의 ············································································ 307 
Ⅱ. 구성요건의 체계 ···························································· 307 
제3절 방화와 실화의 죄 
Ⅰ. 서 론 ············································································ 309 
Ⅱ. 구성요건의 체계 ···························································· 310 
제4절 일수와 수리에 관한 죄 
Ⅰ. 서 론 ············································································ 314 
Ⅱ. 구성요건의 체계 ···························································· 314 
제5절 교통방해의 죄 
Ⅰ. 서 론 ············································································ 317 
Ⅱ. 구성요건의 체계 ···························································· 317 
제2장 공공의 신용에 관한 죄 
제1절 문서에 관한 죄 
Ⅰ. 서 론 ············································································ 321 
Ⅱ. 구성요건의 체계 ···························································· 324 
제2절 통화에 관한 죄 
Ⅰ. 서 론 ············································································ 335 
Ⅱ. 구성요건의 체계 ···························································· 335 
제3절 유가증권·인지와 우표에 관한 죄 
Ⅰ. 서 론 ············································································ 339 
Ⅱ. 구성요건의 체계 ···························································· 340 
제4절 인장에 관한 죄 
Ⅰ. 서 론 ············································································ 343 
Ⅱ. 구성요건의 체계 ···························································· 343 
제3장 공중의 건강에 관한 죄 
제1절 먹는 물에 관한 죄 
Ⅰ. 서 론 ············································································ 345 
Ⅱ. 구성요건의 체계 ···························································· 345 
제2절 아편에 관한 죄 
Ⅰ. 서 론 ············································································ 347 
Ⅱ. 구성요건의 체계 ···························································· 347 
제4장 사회의 도덕에 관한 죄 
제1절 성풍속에 관한 죄 
Ⅰ. 서 론 ············································································ 350 
Ⅱ. 구성요건의 체계 ···························································· 350 
제2절 도박과 복표에 관한 죄 
Ⅰ. 서 론 ············································································ 353 
Ⅱ. 구성요건의 체계 ···························································· 353 
제3절 신앙에 관한 죄 
Ⅰ. 서 론 ············································································ 355 
Ⅱ. 구성요건의 체계 ···························································· 355 
 
제3편 국가적 법익에 대한 죄 
제1장 국가의 존립과 권위에 관한 죄 
제1절 내란의 죄 
Ⅰ. 서 론 ············································································ 358 
Ⅱ. 구성요건의 체계 ···························································· 358 
제2절 외환의 죄 
Ⅰ. 서 론 ············································································ 361 
Ⅱ. 구성요건의 체계 ···························································· 361 
제3절 국기에 관한 죄 
Ⅰ. 서 론 ············································································ 365 
Ⅱ. 구성요건 ········································································ 365 
제4절 국교에 관한 죄 
Ⅰ. 서 론 ············································································ 366 
Ⅱ. 구성요건 ········································································ 366 
제2장 국가의 기능에 관한 죄 
제1절 공무원의 직무에 관한 죄 
Ⅰ. 서 론 ············································································ 368 
Ⅱ. 구성요건의 체계 ···························································· 368 
제2절 공무방해에 관한 죄 
Ⅰ. 서 론 ············································································ 374 
Ⅱ. 구성요건의 체계 ···························································· 374 
제3절 도주와 범인은닉의 죄 
Ⅰ. 서 론 ············································································ 379 
Ⅱ. 구성요건의 체계 ···························································· 379 
제4절 위증과 증거인멸의 죄 
Ⅰ. 서 론 ············································································ 383 
Ⅱ. 구성요건의 체계 ···························································· 383 
제5절 무고의 죄 
Ⅰ. 서 론 ············································································ 388 
Ⅱ. 구성요건 ········································································ 388