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본서의 특징
1. 형법 이론의 손쉬운 정리
형법 이론에 대한 정확한 이해와 간결한 정리는 본서가 추구하는 최고의 목표입니다. 본서는 이론을 쉽게 이해할 수 있도록 다양하고 풍부한 예를 함께 실었으며, 각주를 통해 독일과 우리 형법의 차이, 형법 제정시의 입법자의 의도 등을 부연하였습니다.
2. 형사법학회 선정 표준판례 전면 수록
최근 상당수의 수험생들이 책에서 못 보던 판례들이 출제된 것 같다는 말을 합니다. 심지어는 지금까지와는 출제경향이 상당히 달라진 듯하다는 말도 합니다. 2020년 형사법학회는 법학전문대학원협의회의 의뢰로 형법표준판례를 선정하였습니다. 표준판례는 비단 변호사시험뿐만 아니라 국가직, 경찰직, 법원행시 등 모든 국가고시에 전면반영되어 출제되고 있습니다. 지금까지 수험서에서 주목하지 않은 판례들이 상당수 소개되다 보니 이를 반영한 시험에서는 수험생들이 출제범위가 뒤바뀐 듯한 느낌을 받을 수밖에 없었을 것입니다. 본서는 기본서 가운데 최초로 표준판례 543선을 철저히 반영하여 수록하였고, 標準 이라는 표시를 통해 학습 편의를 도모하였습니다.
3. 최신판례와 최신 개정 법령
본서가 집필되는 과정에서도 계속적으로 최신판례가 선고되었고 형법과 특별법들이 차례로 개정되었습니다. 본서는 2023.03.31. 현재를 기준으로 모든 최신판례와 개정법령을 꼼꼼히 반영하였습니다. 아쉬운 점이 있다면, 낙태죄와 관련하여 헌법재판소의 헌법불합치결정의 취지에 따라 2021.01. 01.자로 낙태죄는 효력이 상실되었음에도 불구하고 국회에서 입법 개선을 하지 못함으로써, 관련 내용을 반영하지 못한 채, 다만 정부 제출안과 논의의 상황만을 소개할 수밖에 없었습니다.
4. 기출문제의 완전 분석
합격 당락의 변수는 누가 기출문제의 분석을 통한 출제경향을 정확하게 파악하느냐에 달려있습니다. 기출문제의 출제경향을 정확히 분석하여 효율적으로 공부한다면 단기에 고득점을 얻을 수 있습니다. 이에 본서는 변호사시험, 법학전문대학원주관 모의시험, 법원행시, 사법시험, 법원직, 경찰직, 경찰승진, 경찰간부, 국가직, 법무사, 법원행시 등 국가고시 전반을 철저히 분석하여 집필하였습니다.
5. 판례정리의 집중화
시험 유형별로 차이가 있겠지만 형법 시험에서 판례가 차지하는 비중이 점차 증가하고 있습니다. 이처럼 판례의 정복이 합격의 당락을 좌우하게 됩니다. 판례에 대한 단순한 암기보다는 판례요지의 이해를 통한 접근 태도를 형성하는 것이 가장 신속하게 판례를 정리하는 방법입니다. 이에 본서는 중요한 판례는 그 요지와 사실관계 및 결론까지 한눈에 숙지하도록 집필하였습니다. 이러한 점을 감안할 때 본서는 경찰승진, 경찰, 법원, 국가직 등의 객관식 시험대비용에 머무는 것이 아니라 변호사시험, 법원행시, 5급공채, 법무사시험의 독자들에게도 최고의 기본서가 될 것입니다.
6. 수사와 재판실무를 위한 길라잡이
최근 수사와 재판 실무에서는 형법의 해석과 관련하여, 우리법의 입법취지와 우리 사회의 현실이 중요한 기준점으로 제시되고 있습니다. 본서는 단순한 이론적 대립을 나열하지 않고, 1953년 형법이 제정될 당시의 논의와 입법취지, 사회현상 등에 대해 적극적으로 서술함으로써, 형사실무를 행함에 있어서도 도움이 될 수 있도록 하였습니다.

총 론
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····················································································· 40
제1항 입법주의 / 40 제2항 형법의 태도 / 40
제3절 인적 적용범위························································································ 46
제2편 범죄론
제1장｜범죄론의 기초
제1절 범죄의 의의와 종류················································································ 49
제1항 범죄의 개념 / 49
제2항 범죄의 성립요건ㆍ처벌조건ㆍ소추조건 / 49
제3항 범죄의 종류 / 52
제2절 행위론···································································································· 58
제3절 범죄체계론······························································································ 59
제2장｜구성요건론
제1절 구성요건 이론························································································· 60
제1항 서 설 / 60 제2항 구성요건요소 / 62
제2절 행위반가치와 결과반가치······································································· 64
제3절 범죄의 주체와 객체················································································ 67
제1항 범죄(행위)의 주체 / 67
제2항 범죄(행위)의 객체와 보호의 객체 / 71
제4절 부작위범································································································· 72
제1항 서 설 / 72 제2항 부작위범의 성립요건 / 75
제3항 부작위범의 처벌 / 83 제4항 관련문제 / 83
제5절 인과관계와 객관적 귀속이론·································································· 87
제1항 인과관계 / 87 제2항 객관적 귀속이론 / 94
제6절 구성요건적 고의····················································································· 97
제1항 서 설 / 97 제2항 고의의 본질과 내용 / 97
제3항 고의의 종류 / 100 제4항 고의의 존재시기 / 104
제7절 구성요건적 착오(사실의 착오) ······························································ 105
제1항 서 설 / 105
제2항 구성요건적 착오의 종류 / 105
제3항 구성요건적 착오와 고의의 성부 / 106
제4항 관련문제 / 109
제8절 과실범··································································································· 110
제1항 서 설 / 111
제2항 과실범의 성립요건 / 114
제3항 객관적 주의의무의 제한원리 / 118
제4항 관련문제 / 126
제9절 결과적 가중범······················································································· 127
제1항 서 설 / 127 제2항 결과적 가중범의 성립요건 / 130
제3항 관련문제 / 134
제3장｜위법성론
제1절 위법성의 일반이론················································································· 138
제1항 서 설 / 138 제2항 위법성조각사유 / 139
제2절 정당방위································································································ 141
제1항 서 설 / 141 제2항 정당방위의 성립요건 / 142
제3항 과잉방위와 오상방위 / 152
제3절 긴급피난································································································ 155
제1항 서 설 / 155 제2항 긴급피난의 성립요건 / 156
제3항 긴급피난의 효과와 특칙 / 160 제4항 과잉피난과 오상피난 / 161
제5항 의무의 충돌 / 162
제4절 자구행위································································································ 165
제1항 서 설 / 165 제2항 성립요건 / 165
제3항 자구행위의 효과 / 169
제5절 피해자의 승낙······················································································· 170
제1항 서 설 / 170 제2항 피해자 승낙의 성립요건 / 172
제3항 피해자 승낙의 효과 / 176 제4항 추정적 승낙 / 177
제6절 정당행위······························································································· 180
제1항 의 의 / 180
제2항 법령에 의한 행위 / 180
제3항 업무로 인한 행위 / 190
제4항 사회상규에 위배되지 않는 행위 / 194
제4장｜책임론
제1절 책임이론······························································································· 205
제1항 서 설 / 205 제2항 책임의 근거 / 206
제3항 책임의 본질 / 207
제2절 책임능력······························································································· 209
제1항 서 설 / 209
제2항 책임무능력자 / 210
제3항 한정책임능력자 / 216
제4항 원인에 있어서 자유로운 행위 / 218
제3절 위법성의 인식······················································································· 222
제4절 법률의 착오(금지착오) ·········································································· 226
제5절 위법성조각사유의 전제사실에 대한 착오의 효과·································· 235
제6절 기대가능성···························································································· 238
제1항 서 설 / 238 제2항 강요된 행위 / 243
제5장｜미수론
제1절 범죄의 실현단계···················································································· 247
제2절 예비ㆍ음모죄························································································ 248
제1항 서 설 / 248 제2항 예비죄의 성립요건 / 250
제3항 예비죄의 처벌 / 252 제4항 관련문제 / 254
제3절 미수범의 일반이론················································································ 256
제1항 서 설 / 256 제2항 미수범의 체계와 처벌 / 257
제4절 장애미수······························································································· 259
제1항 의 의 / 259 제2항 장애미수의 성립요건 / 259
제3항 처 벌 / 269
제5절 중지미수······························································································· 270
제1항 의 의 / 270 제2항 중지미수의 성립요건 / 270
제3항 처벌 / 274 제4항 공범과 중지미수 / 275
제6절 불능미수······························································································· 277
제1항 의 의 / 277 제2항 구별개념 / 277
제3항 불능미수의 성립요건 / 279 제4항 불능미수의 처벌 / 283
제6장｜정범 및 공범론
제1절 정범과 공범의 일반이론········································································ 284
제1항 공범의 분류 / 284 제2항 정범과 공범의 구별 / 288
제3항 공범의 종속성 / 291 제4항 공범의 처벌근거 / 294
제2절 공동정범······························································································· 295
제1항 서 설 / 295 제2항 공동정범의 성립요건 / 297
제3항 공동정범의 처벌 / 312
제3절 간접정범································································································ 317
제1항 간접정범의 개념 / 317 제2항 간접정범의 성립요건 / 317
제3항 처 벌 / 322 제4항 관련문제 / 323
제4절 교사범·································································································· 326
제1항 서 설 / 326 제2항 교사범의 성립요건 / 327
제3항 교사의 미수 / 332 제4항 교사의 착오 / 333
제5항 교사범의 처벌 / 335 제6항 관련문제 / 336
제5절 종범(방조범) ························································································· 337
제1항 서 설 / 337 제2항 종범의 성립요건 / 338
제3항 종범의 처벌 / 346 제4항 종범의 착오 기타 / 347
제6절 공범과 신분·························································································· 348
제1항 서 설 / 348 제2항 제33조의 해석 / 350
제3항 소극적 신분과 공범 / 356
제7장｜죄수론
제1절 죄수의 일반이론···················································································· 358
제1항 죄수론의 의의 / 358 제2항 죄수결정의 기준 / 358
제2절 일 죄····································································································· 361
제1항 서 설 / 361 제2항 법조경합 / 361
제3항 포괄일죄 / 370
제3절 수 죄···································································································· 375
제1항 서 설 / 375 제2항 상상적 경합 / 375
제3항 실체적 경합 / 381
제4절 형벌의 종류·························································································· 393
제3편 형벌론
제1절 형벌 종류······························································································ 393
제1항 서 설 / 393 제2항 사 형 / 393
제3항 자유형 / 394 제4항 재산형 / 394
제5항 명예형 / 406
제2절 형의 양정(양형) ···················································································· 408
제1항 서 설 / 408 제2항 형의 가중ㆍ감경ㆍ면제 / 409
제3항 형의 가중ㆍ감경례 / 415 제4항 양형의 조건 / 417
제5항 판결선고전 구금일수의 산입과 판결의 공시 / 418
제3절 누 범···································································································· 420
제1항 서 설 / 420 제2항 누범가중의 요건 / 421
제3항 누범의 효과 / 424
제4절 형의 유예제도······················································································· 425
제1항 선고유예 / 425 제2항 집행유예 / 428
제3항 가석방 / 435
제5절 형의 시효와 소멸················································································· 439
제1항 형의 시효 / 439
제2항 형의 소멸ㆍ실효ㆍ복권ㆍ사면 / 441
제6절 보안처분······························································································· 444
제1항 보안처분의 일반론 / 444 제2항 보안처분의 종류 / 444
제3항 현행법상의 보안처분 / 445

각 론
제1편 개인적 법익에 대한 죄
제1장｜생명과 신체에 대한 죄
1) 살인의 죄······································································································· 5
제1항 살인죄의 체계 / 5 제2항 보통살인죄 / 5
제3항 존속살해죄 / 10 제4항 영아살해죄 / 12
제5항 촉탁ㆍ승낙살인죄 / 13 제6항 자살교사ㆍ방조죄(자살관여죄) / 14
제7항 위계ㆍ위력에 의한 살인죄 / 17 제8항 살인예비ㆍ음모죄 / 18
제2절 상해와 폭행의 죄···················································································· 19
제1항 서 설 / 19 제2항 상해죄 / 20
제3항 존속상해죄 / 23 제4항 중상해ㆍ존속중상해죄 / 24
제5항 특수상해죄 / 26 제6항 상해치사죄ㆍ존속상해치사죄 / 26
제7항 상해죄의 동시범 특례 / 26
제8항 상습상해ㆍ존속상해ㆍ중상해ㆍ존속중상해죄ㆍ특수상해 / 28
제9항 단순 폭행죄, 존속폭행죄 / 29
제10항 특수폭행죄 / 32
제11항 폭행치사상죄 / 38
제12항 상습범 가중 및 자격정지의 병과 / 39
제3절 과실치사상의 죄····················································································· 40
제1항 서 설 / 40 제2항 과실치상죄 / 40
제3항 과실치사죄 / 40 제4항 업무상 과실ㆍ중과실 치사상죄 / 41
제4절 낙태의 죄································································································ 47
제1항 서 설 / 47 제2항 자기낙태죄 / 48
제3항 동의낙태죄 / 50 제4항 업무상 동의낙태죄 / 51
제5항 부동의낙태죄 / 52 제6항 낙태치사상죄 / 52
제5절 유기와 학대의 죄··················································································· 53
제1항 유기죄 / 53 제2항 존속유기죄 / 56
제3항 중유기ㆍ중존속유기죄 / 57 제4항 영아유기죄 / 57
제5항 학대죄 / 57 제6항 존속학대죄 / 59
제7항 아동혹사죄 / 59
제8항 유기치사상죄ㆍ학대치사상ㆍ존속유기치사상죄 등 / 60
제2장｜자유에 관한 죄························································································ 61
제1절 협박의 죄································································································ 61
제1항 서 설 / 61 제2항 협박죄 / 62
제3항 존속협박죄 / 69 제4항 특수협박죄, 상습협박죄 / 69
제2절 강요의 죄······························································································· 70
제1항 서 설 / 70
제2항 강요죄 / 70
제3항 중권리행사방해죄(중강요죄) / 74
제4항 인질강요죄 / 75
제5항 인질상해ㆍ치상죄, 인질살해ㆍ치사죄 / 75
제3절 체포와 감금의 죄···················································································· 76
제1항 서 설 / 76
제2항 체포ㆍ감금죄 / 76
제3항 존속체포ㆍ감금죄 / 81
제4항 중체포ㆍ감금죄, 존속중체포ㆍ감금죄 / 81
제5항 특수체포ㆍ감금죄, 상습체포ㆍ감금죄 / 82
제6항 체포감금치사상죄ㆍ존속체포ㆍ감금치사상죄 / 82
제4절 약취와 유인 및 인신매매의 죄······························································· 83
제1항 서 설 / 83
제2항 미성년자약취ㆍ유인죄 / 83
제3항 추행 등 목적 약취ㆍ유인 등 죄 / 88
제4항 인신매매죄 / 89
제5항 약취, 유인, 매매, 이송 등 상해ㆍ치상, 살인ㆍ치사 등 / 91
제6항 약취ㆍ유인ㆍ인신매매죄의 기타 규정 / 91
제5절 강간과 추행의 죄··················································································· 92
제1항 서 설 / 92
제2항 강간죄 / 92
제3항 유사강간죄 / 96
제4항 강제추행죄 / 96
제5항 준강간ㆍ준강제 추행죄 / 99
제6항 미성년자 의제강간ㆍ강제추행죄 / 101
제7항 강간 등 상해ㆍ치상죄 및 강간 등 살인ㆍ치사죄 / 104
제8항 미성년자ㆍ심신미약자 간음ㆍ추행죄 / 107
제9항 업무상 위력 등에 의한 간음죄 / 109
제10항 상습범 / 111
제11항 특별상 성폭력범죄 / 111
제3장｜명예와 신용에 관한 죄
제1절 명예에 관한 죄······················································································ 125
제1항 서 설 / 125 제2항 명예훼손죄 / 126
제3항 사자의 명예훼손죄 / 143 제4항 출판물에 의한 명예훼손죄 / 145
제5항 모욕죄 / 150
제2절 신용ㆍ업무와 경매에 관한 죄······························································· 153
제1항 서 설 / 153 제2항 신용훼손죄 / 153
제3항 업무방해죄 / 155 제4항 컴퓨터 등 장애 업무방해죄 / 168
제5항 경매ㆍ입찰방해죄 / 171
제4장｜사생활의 평온에 관한 죄
제1절 비밀침해의 죄························································································ 175
제1항 서 설 / 175 제2항 비밀침해죄 / 175
제3항 업무상 비밀누설죄 / 179
제2절 주거침입의 죄······················································································· 180
제1항 서 설 / 180 제2항 주거침입죄 / 180
제3항 퇴거불응죄 / 189 제4항 특수주거침입ㆍ퇴거불응죄 / 191
제5항 폭력행위등 처벌에 관한 특례법상 특수주거침입죄 / 191
제6항 주거ㆍ신체수색죄 / 192
제5장｜재산에 대한 죄
제1절 재산죄 일반론························································································ 193
제1항 재산죄의 분류 / 193 제2항 재산죄의 객체 / 194
제3항 형법상의 점유 / 198 제4항 불법영득의사 / 204
제5항 친족상도례 / 209
제2절 절도의 죄······························································································ 214
제1항 절도죄 / 214 제2항 야간주거침입절도죄 / 222
제3항 특수절도죄 / 223 제4항 자동차 등 불법사용죄 / 227
제5항 상습절도죄 / 228
제3절 강도의 죄····························································································· 229
제1항 서 설 / 229 제2항 강도죄 / 229
제3항 특수강도죄 / 236 제4항 준강도죄 / 237
제5항 인질강도죄 / 242 제6항 강도상해ㆍ치상죄 / 243
제7항 강도살인ㆍ치사죄 / 245 제8항 강도강간죄 / 247
제9항 해상강도, 해상강도상해ㆍ치상, 해상강도살인ㆍ치사ㆍ강간죄 / 249
제10항 강도예비ㆍ음모죄 / 249 제11항 상습강도죄 / 250
제4절 사기의 죄······························································································ 251
제1항 서 설 / 251 제2항 사기죄 / 252
제3항 컴퓨터 등 사용사기죄 / 285 제4항 신용카드 범죄 / 289
제5항 준사기죄 / 297 제6항 편의시설부정이용죄 / 298
제7항 부당이득죄 / 300 제8항 상습사기죄 / 302
제5절 공갈의 죄····························································································· 303
제1항 서 설 / 303 제2항 공갈죄 / 303
제3항 특수공갈죄 및 상습공갈죄 / 310
제6절 횡령의 죄······························································································ 311
제1항 서 설 / 311 제2항 횡령죄 / 312
제3항 업무상횡령죄 / 340 제4항 특정경제범죄법상 횡령죄 / 341
제5항 점유이탈물 횡령죄 / 342
제7절 배임의 죄······························································································ 344
제1항 서 설 / 344 제2항 배임죄 / 345
제3항 업무상 배임죄 / 372 제4항 배임수재죄ㆍ배임증재죄 / 373
제8절 장물의 죄····························································································· 385
제1항 서 설 / 385
제2항 장물취득ㆍ양도ㆍ운반ㆍ보관ㆍ알선죄 / 390
제3항 상습장물죄 / 396
제4항 업무상 과실ㆍ중과실장물죄 / 396
제9절 손괴의 죄····························································································· 399
제1항 서 설 / 399 제2항 손괴죄 / 399
제3항 공익건조물 파괴죄 / 406 제4항 중손괴ㆍ손괴치사상죄 / 407
제5항 특수손괴죄 / 407 제6항 경계침범죄 / 408
제10절 권리행사를 방해하는 죄······································································· 411
제1항 권리행사방해죄 / 411 제2항 점유강취죄ㆍ준점유강취죄 / 416
제3항 중권리행사방해죄 / 416 제4항 강제집행면탈죄 / 417
제2편 사회적 법익에 대한 죄
제1장｜공공의 안전과 평온에 대한 죄
제1절 공안을 해하는 죄·················································································· 427
제1항 서 설 / 427 제2항 범죄단체조직ㆍ가입ㆍ활동죄 / 427
제3항 소요죄 / 431 제4항 다중불해산죄 / 433
제5항 전시공수계약불이행죄 / 434 제6항 공무원자격사칭죄 / 435
제2절 폭발물에 관한 죄·················································································· 437
제1항 서 설 / 437
제2항 폭발물사용죄 / 437
제3항 전시폭발물사용죄 / 439
제4항 폭발물사용예비ㆍ음모ㆍ선동죄 / 439
제5항 전시폭발물제조ㆍ수입ㆍ수출ㆍ수수ㆍ소지죄 / 439
제3절 방화와 실화의 죄················································································· 440
제1항 서 설 / 440 제2항 현주건조물등방화죄 / 441
제3항 현주건조물 등 방화치사상죄 / 446
제4항 공용건조물 등 방화죄 / 447 제5항 일반건조물 등 방화죄 / 448
제6항 일반물건방화죄 / 449 제7항 연소죄 / 450
제8항 진화방해죄 / 451 제9항 실화죄 / 452
제10항 폭발성물건파열죄 등 / 453 제11항 가스ㆍ전기 방류죄 등 / 454
제12항 방화 등 예비ㆍ음모죄 / 455
제4절 일수와 수리에 관한 죄········································································· 456
제1항 서 설 / 456
제2항 현주건조물 등 일수죄 / 456
제3항 현주건조물일수치사상죄 / 456
제4항 공용건조물 등 일수죄 / 457
제5항 일반건조물 등 일수죄 / 457
제6항 방수방해죄 / 457
제7항 과실일수죄 / 457
제8항 일수예비ㆍ음모죄 / 457
제9항 수리방해죄 / 458
제5절 교통방해의 죄······················································································ 460
제1항 서 설 / 460
제2항 일반교통방해죄 / 460
제3항 기차ㆍ선박 등 교통방해죄 / 46
제4항 기차 등 전복죄 / 464
제5항 교통방해치사상죄 / 465
제6항 과실교통방해죄 / 465
제7항 업무상과실ㆍ중과실 교통방해죄 / 465
제2장｜공공의 건강에 관한 죄
제1절 먹는물에 관한 죄·················································································· 467
제1항 서 설 / 467 제2항 음용수사용방해죄 / 467
제3항 음용수유해물혼입죄 / 467 제4항 수도음용수사용방해죄 / 468
제5항 수도음용수혼독죄 / 468 제6항 음용수혼독치사상죄 / 468
제7항 수도불통죄 / 468
제2절 아편에 관한 죄····················································································· 470
제1항 아편흡식, 아편흡식장소제공죄 / 470
제2항 아편, 아편흡식기 제조ㆍ수입ㆍ판매ㆍ판매목적소지죄 / 470
제3항 세관공무원의 아편 등 수입ㆍ수입허용죄 / 470
제4항 아편 등 소지죄 / 470
제3장｜공공의 신용에 관한 죄
제1절 통화에 관한 죄······················································································ 471
제1항 서 설 / 471
제2항 국내통화 위조ㆍ변조죄 / 471
제3항 내국유통외국통화 위조ㆍ변조죄 / 474
제4항 외국통용 외국통화 위조ㆍ변조죄 / 475
제5항 위조ㆍ변조통화 행사등 죄 / 475
제6항 위조ㆍ변조통화 취득죄 / 478
제7항 위조통화취득 후 지정행사죄 / 479
제8항 통화유사물제조ㆍ수입ㆍ수출죄 / 479
제9항 통화위조 예비ㆍ음모죄 / 479
제2절 유가증권 및 우표와 인지에 대한 죄···················································· 480
제1항 서 설 / 480
제2항 유가증권 위조ㆍ변조죄 / 480
제3항 기재의 위조ㆍ변조죄 / 487
제4항 자격모용에 의한 유가증권작성죄 / 489
제5항 허위유가증권작성죄 / 490
제6항 위조 등 유가증권행사죄 / 493
제7항 우표ㆍ인지의 위조변조죄 / 495
제8항 위조ㆍ변조우표 또는 인지의 행사죄 / 495
제9항 위조우표ㆍ인지 등 취득죄 / 496
제10항 우표ㆍ인지 등의 소인말소죄 / 496
제11항 우표ㆍ인지 등 유사물 제조죄 / 496
제12항 예비ㆍ음모죄 / 496
제3절 문서에 관한 죄····················································································· 497
제1항 서 설 / 497
제2항 사문서 위조ㆍ변조죄 / 506
제3항 공문서 위조ㆍ변조죄 / 513
제4항 자격모용에 의한 사문서작성죄 / 515
제5항 자격모용에 의한 공문서작성죄 / 519
제6항 사전자기록 위작ㆍ변작죄 / 519
제7항 공전자기록 위작ㆍ변작죄 / 521
제8항 허위진단서 등 작성죄 / 523
제9항 허위공문서작성죄 / 525
제10항 공정증서원본 등의 불실기재죄 / 532
제11항 위조사문서 등 행사죄 / 540
제12항 위조공문서 등 행사죄 / 542
제13항 사문서부정행사죄 / 544
제13항 공문서부정행사죄 / 545
제4절 인장에 관한 죄····················································································· 548
제1항 서 설 / 548 제2항 사인 등 위조ㆍ부정사용죄 / 548
제3항 위조인장 등 행사죄 / 551 제4항 공인 등 위조ㆍ부정사용죄 / 551
제5항 위조공인 등 행사죄 / 553
제4장｜사회도덕에 대한 죄
제1절 성풍속을 해하는 죄··············································································· 554
제1항 서 설 / 554
제2항 음행매개죄 / 554
제3항 음화 등의 반포ㆍ판매ㆍ임대ㆍ전시ㆍ상영죄 / 555
제4항 음화 등 제조ㆍ소지ㆍ수입ㆍ수출죄 / 560
제5항 공연음란죄 / 560
제2절 도박과 복표에 관한 죄········································································· 563
제1항 서 설 / 563
제2항 단순도박죄 / 563
제3항 상습도박죄 / 566
제4항 도박장소등개설죄 (구.도박개장죄) / 567
제5항 복표발매ㆍ중개ㆍ취득죄 / 569
제3절 신앙에 관한 죄····················································································· 570
제1항 장례식ㆍ제사ㆍ예배ㆍ설교방해죄 / 570
제2항 사체ㆍ유골ㆍ유발오욕죄 / 572
제3항 분묘발굴죄 / 572
제4항 사체 등 손괴ㆍ유기ㆍ은닉ㆍ영득죄 / 574
제5항 변사체검시방해죄 / 575
제3편 국가적 법익에 대한 죄
제1장｜국가의 존립에 대한 죄
제1절 내란의 죄······························································································ 579
제1항 서 설 / 579
제2항 내란죄 / 579
제3항 내란목적살인죄 / 583
제4항 내란예비ㆍ음모ㆍ선전ㆍ선동죄 / 584
제2절 외환의 죄····························································································· 586
제1항 서 설 / 586 제2항 외환유치죄 / 586
제3항 여적죄 / 586 제4항 모병이적죄 / 586
제5항 시설제공이적죄 / 587 제6항 시설파괴이적죄 / 587
제7항 물건제공이적죄 / 587 제8항 일반이적죄 / 587
제9항 간첩죄 / 588 제10항 전시군수계약불이행죄 / 593
제11항 외환예비ㆍ음모ㆍ선동ㆍ선전죄 / 593
제3절 국기에 관한 죄····················································································· 594
제1항 서 설 / 594 제2항 국기ㆍ국장모독죄 / 594
제3항 국기ㆍ국장비방죄 / 594
제4절 국교에 관한 죄····················································································· 595
제1항 서 설 / 595
제2항 외국원수에 대한 폭행 등 죄 / 595
제3항 외국사절에 대한 폭행 등 죄 / 595
제4항 외국 국기ㆍ국장 모독죄 / 595
제5항 외국에 대한 사전죄 / 596
제6항 중립명령위반죄 / 596
제7항 외교상비밀누설죄 / 596
제2장｜국가의 기능에 대한 죄
제1절 공무원의 직무에 관한 죄······································································ 597
제1항 서 설 / 597 제2항 직무유기죄 / 598
제3항 피의사실공표죄 / 604 제4항 공무상비밀누설죄 / 605
제5항 직권남용죄 / 608 제6항 불법체포ㆍ감금죄 / 612
제7항 폭행ㆍ가혹행위죄 / 614 제8항 선거방해죄 / 615
제9항 뇌물죄의 일반이론 / 615 제10항 단순수뢰죄 / 622
제11항 사전수뢰죄 / 627 제12항 제3자 뇌물제공ㆍ수수죄 / 628
제13항 수뢰 후 부정처사죄 / 631 제14항 사후수뢰죄 / 632
제15항 알선수뢰죄 / 633 제16항 증뢰죄(뇌물공여죄) / 636
제2절 공무방해에 관한 죄·············································································· 640
제1항 서 설 / 640 제2항 공무집행방해죄 / 640
제3항 직무ㆍ사직강요죄 / 649 제4항 위계에 의한 공무집행방해죄 / 650
제5항 법정ㆍ국회회의장 모욕죄 / 656
제6항 인권옹호직무방해죄 / 657
제7항 공무상비밀표시무효죄 (공무상봉인 등 표시무효죄) / 657
제8항 공무상 비밀침해죄 / 662
제9항 부동산강제집행효용침해죄 / 662
제10항 공용서류 등 무효죄 / 663
제11항 공용물파괴죄 / 667
제12항 공무상 보관물무효죄 / 667
제13항 특수공무방해죄ㆍ특수공무방해치사상죄 / 668
제3절 도주와 범인은닉의 죄··········································································· 669
제1항 서 설 / 669 제2항 단순도주죄 / 669
제3항 집합명령위반죄 / 670 제4항 특수도주죄 / 671
제5항 도주원조죄 / 672 제6항 간수자 도주원조죄 / 673
제7항 범인은닉ㆍ도피죄 / 673
제4절 위증과 증거인멸의 죄··········································································· 682
제1항 서 설 / 682 제2항 위증죄 / 682
제3항 모해위증죄 / 691 제4항 허위감정ㆍ통역ㆍ번역죄 / 691
제5항 증거인멸죄 / 692 제6항 증인은닉ㆍ도피죄 / 697
제7항 모해증거인멸죄 / 698
제5절 무고의 죄····························································································· 699
제1항 서 설 / 699 제2항 무고죄 / 699