〈 目 次 〉 제1편 범죄학 일반 제1장 범죄학의 의의와 역사 제1절 범죄학의 의의와 특성 ··················································································· 5 [1] 범죄학의 의의 ································································································· 5 Ⅰ. 범죄학의 개념 ·································································································· 5 1. 협의의 범죄학/ 5 2. 광의의 범죄학/ 5 Ⅱ. 인접 학문과의 차이 ·························································································· 5 1. 형법학/ 5 2. 형사정책학/ 6 3. 형사사법학/ 6 4. 피해자학/ 6 5. 형사학/ 6 [2] 범죄학의 특성 ································································································· 7 Ⅰ. 실증주의적 성격 ······························································································· 7 Ⅱ. 종합과학적 성격 ······························································································· 7 제2절 범죄학의 역사 ······························································································ 9 [1] 근대 이전의 범죄 이해 ····················································································· 9 Ⅰ. 초자연적 설명 ·································································································· 9 Ⅱ. 자연주의적 경험론 ···························································································· 9 [2] 근대 이후의 범죄학 ························································································· 9 Ⅰ. 고전학파 ········································································································· 9 Ⅱ. 제도학파 ········································································································ 10 Ⅲ. 실증주의학파 ·································································································· 10 Ⅳ. 사회학파 ········································································································ 11 [3] 현대의 범죄학 ······························································································· 12 Ⅰ. 통합적 경향 ··································································································· 12 Ⅱ. 보수적 경향 ··································································································· 12 Ⅲ. 피해자학의 발전 ····························································································· 12 제2장 범죄학의 연구 제1절 범죄학의 연구목적 ······················································································ 19 [1] 범죄학 연구의 필요성 ····················································································· 19 Ⅰ. 범죄에 대한 공포 ··························································································· 19 Ⅱ. 범죄로 인한 피해 ··························································································· 19 [2] 범죄학 연구의 목적 ························································································ 20 Ⅰ. 범죄현상의 파악 ····························································································· 20 Ⅱ. 범죄원인의 분석 ····························································································· 20 Ⅲ. 범죄대책의 강구 ····························································································· 20 제2절 범죄학의 연구대상 ······················································································ 22 [1] 범죄개념의 다양성 ························································································· 22 Ⅰ. 절대적 범죄개념과 상대적 범죄개념 ·································································· 22 1. 절대적 범죄개념/ 22 2. 상대적 범죄개념/ 22 Ⅱ. 실질적 범죄개념과 형식적 범죄개념 ·································································· 22 1. 실질적 범죄개념/ 22 2. 형식적 범죄개념/ 23 Ⅲ. 개별현상으로서의 범죄와 집단현상으로서의 범죄 ················································ 23 1. 개별현상으로서의 범죄/ 23 2. 집단현상으로서의 범죄/ 23 Ⅳ. 범죄와 일탈행위 ····························································································· 23 1. 일탈행위의 의의/ 23 2. 범죄와의 관계/ 24 [2] 범죄학에서의 범죄개념 ··················································································· 24 Ⅰ. 범죄의 법률적 정의 ························································································ 24 1. 합의론적 관점/ 24 2. 갈등론적 관점/ 24 3. 상호작용론적 관점/ 25 Ⅱ. 범죄의 비법률적 정의 ····················································································· 25 1. 사회-법률적 접근/ 26 2. 비교문화적 접근/ 26 3. 통계적 접근/ 26 4. 인권적 접근/ 26 5. 무정부주의자적 접근/ 26 [3] 범죄화와 비범죄화 ························································································· 27 Ⅰ. 범죄화 ··········································································································· 27 1. 의 의/ 27 2. 범죄화의 정착/ 27 3. 과잉범죄화의 문제/ 27 Ⅱ. 비범죄화 ········································································································ 28 1. 의의 및 유형/ 28 2. 비범죄화의 필요성/ 28 3. 비범죄화 대상범죄/ 29 4. 다이버전/ 29 [4] 범죄자 ·········································································································· 31 Ⅰ. 범죄자의 개념 ································································································ 31 Ⅱ. 범죄자의 분류 ································································································ 31 1. 일원적 분류방법/ 31 2. 다원적 분류방법/ 35 3. 실무상의 범죄인 분류/ 36 Ⅲ. 범죄자 분류의 한계 ························································································ 37 제3절 범죄학의 연구방법 ······················································································ 44 [1] 공식범죄통계연구 ··························································································· 44 Ⅰ. 의 의 ············································································································ 44 1. 개 념/ 44 2. 범죄통계/ 44 Ⅱ. 범죄율과 범죄시계 ·························································································· 45 1. 범죄율/ 45 2. 범죄시계/ 45 Ⅲ. 평 가 ············································································································ 45 1. 장 점/ 45 2. 단 점/ 45 Ⅳ. 암수범죄 ········································································································ 46 1. 의의와 연혁/ 46 2. 유형과 발생원인/ 46 3. 조사방법/ 47 [2] 설문조사연구 ································································································· 47 Ⅰ. 자기보고식 조사 ····························································································· 47 1. 의 의/ 47 2. 방 법/ 48 3. 평 가/ 48 Ⅱ. 피해자조사 ····································································································· 49 1. 의 의/ 49 2. 평 가/ 49 Ⅲ. 정보제공자조사 ······························································································ 49 [3] 참여관찰연구 ································································································· 50 Ⅰ. 의 의 ············································································································ 50 Ⅱ. 평 가 ············································································································ 50 [4] 사례연구 ······································································································· 50 Ⅰ. 의 의 ············································································································ 50 Ⅱ. 평 가 ············································································································ 50 [5] 실험연구 ······································································································· 51Ⅰ. 의 의 ············································································································ 51 [6] 기타의 연구방법 ···························································································· 51 Ⅰ. 추행조사 ········································································································ 51 Ⅱ. 표본집단조사 ·································································································· 52 Ⅲ. 코호트 연구 ··································································································· 52 제3장 범죄현상론 제1절 범죄현상의 특성 ························································································· 61 [1] 범죄현상의 인구사회학적 특성 ········································································ 61 Ⅰ. 성별과 범죄 ··································································································· 61 1. 여성범죄의 원인/ 61 2. 여성범죄의 특징/ 62 3. 우리나라 여성범죄의 현황/ 63 Ⅱ. 연령과 범죄 ··································································································· 64 1. 범죄율의 연령단계별 변화/ 64 2. 우리나라의 연령별 범죄현황/ 64 Ⅲ. 교육과 범죄 ··································································································· 67 1. 교육과 범죄의 관계/ 67 2. 우리나라의 교육수준별 범죄현황/ 67 Ⅳ. 직업과 범죄 ··································································································· 68 1. 삶과 직업/ 68 2. 직업과 범죄의 관계/ 68 Ⅴ. 가정환경과 범죄 ····························································································· 69 1. 결손가정/ 69 2. 빈곤가정/ 69 3. 문제가정/ 70 [2] 범죄현상의 환경적 특성 ·················································································· 71 Ⅰ. 시·공간적 환경과 범죄 ···················································································· 71 1. 시간적 환경과 범죄/ 71 2. 공간적 환경과 범죄/ 72 Ⅱ. 사회적 환경과 범죄 ························································································ 73 1. 경제적 환경과 범죄/ 73 2. 정치적 환경과 범죄/ 74 3. 문화적 환경과 범죄/ 75 Ⅲ. 자연환경과 범죄 ····························································································· 75 1. 계절과 범죄/ 75 2. 기후·기상과 범죄/ 76 제2절 우리나라의 범죄현상 ··················································································· 81 [1] 전체범죄의 현황과 추세 ·················································································· 81 [2] 주요범죄의 현황과 추세 ·················································································· 82 Ⅰ. 주요형법범죄 ·································································································· 82 1. 재산범죄/ 82 2. 강력범죄(폭력)/ 82 3. 강력범죄(흉악)/ 83 Ⅱ. 주요재산범죄 ·································································································· 83 1. 절도범죄/ 83 2. 사기범죄/ 83 Ⅲ. 주요강력범죄 ·································································································· 84 1. 살인범죄/ 84 2. 강도와 방화범죄/ 84 3. 성폭력범죄/ 85 4. 폭행·상해범죄/ 86 제2편 범죄원인론 제1장 범죄원인론의 기초 제1절 범죄원인론의 기본개념 ················································································ 95 [1] 범죄원인론의 의의와 분류 ··············································································· 95 Ⅰ. 범죄원인론의 의의 ·························································································· 95 Ⅱ. 범죄원인론의 분류 ·························································································· 95 1. 비결정론과 결정론/ 95 2. 개인적 차원과 사회적 차원/ 95 Ⅲ. 범죄학 이론의 평가기준 ·················································································· 96 1. 논리적 일관성, 범위, 간결성/ 96 2. 검증가능성/ 96 3. 경험적 타당성/ 96 4. 유용성과 정책적 함의/ 96 [2] 범죄발생의 요인 ···························································································· 97 Ⅰ. 소질과 환경 ··································································································· 97 Ⅱ. 인 격 ············································································································ 97 제2절 근대 범죄학의 출발 ··················································································· 100 [1] 고전학파 ····································································································· 100 Ⅰ. 개 관 ·········································································································· 100 1. 시대적·사상적 배경/ 100 2. 기본적 명제/ 100 Ⅱ. 주요 학자들 ································································································· 100 1. 베까리아/ 100 2. 하워드/ 102 3. 벤 담/ 102 4. 포이에르바하/ 103 Ⅲ. 평 가 ·········································································································· 103 1. 장 점/ 103 2. 단 점/ 103 [2] 실증주의학파 ······························································································· 104 Ⅰ. 개 관 ·········································································································· 104 1. 시대적·사상적 배경/ 104 2. 기본적 명제/ 104 Ⅱ. 이탈리아학파 ································································································ 105 1. 롬브로조/ 105 2. 페 리/ 105 3. 가로팔로/ 106 Ⅲ. 프랑스·벨기에학파 ························································································· 107 1. 제도학파(범죄통계학파)/ 107 2. 환경학파/ 108 Ⅳ. 독일·오스트리아학파 ······················································································ 110 1. 독일학파/ 110 2. 오스트리아학파/ 110 Ⅴ. 평 가 ·········································································································· 111 제2장 범죄원인론의 발전 제1절 생물학적 범죄원인론 ················································································· 123 [1] 신체적 특성이론 ·························································································· 123 Ⅰ. 골상학 ········································································································· 123 1. 의 의/ 123 2. 내 용/ 123 Ⅱ. 신체적 특성 연구 ·························································································· 123 1. 고 링/ 123 2. 후 튼/ 124 Ⅲ. 체형이론 ······································································································ 124 1. 크레취머/ 124 2. 셀 던/ 125 3. 글룩 부부/ 125 4. 꼬르떼/ 126 Ⅳ. 평 가 ·········································································································· 126 [2] 유전학적 범죄이론 ······················································································· 126 Ⅰ. 유전적 결함 연구 ·························································································· 127 1. 슈툼플/ 127 2. 글룩 부부/ 127 3. 리 들/ 127 4. 평 가/ 127 Ⅱ. 범죄인 가계 연구 ·························································································· 127 1. 덕데일의 쥬크가 연구/ 127 2. 고다드의 칼리카크가 연구/ 128 3. 서덜랜드의 에드워드가 연구/ 128 4. 고링의 통계방법에 의한 연구/ 128 5. 평 가/ 128 Ⅲ. 쌍생아 연구 ································································································· 128 1. 랑 에/ 129 2. 뉴 만/ 129 3. 크리스챤센/ 129 4. 달가드와 크링그렌/ 129 5. 평 가/ 129 Ⅳ. 입양아 연구 ································································································· 130 1. 슐징거/ 130 2. 크로우/ 130 3. 허칭스와 메드닉/ 130 4. 평 가/ 131 Ⅴ. 성염색체 연구 ······························································································ 131 1. 클라인펠터 증후군/ 131 2. XYY형 증후군/ 131 3. 평 가/ 131 Ⅵ. 분자유전학 ··································································································· 132 1. 의 의/ 132 2. 유전적 변종과 범죄/ 132 [3] 생화학적 범죄이론 ······················································································· 132 Ⅰ. 영양결핍 ······································································································ 132 1. 비타민·미네랄의 결핍/ 132 2. 음식과 범죄/ 133 Ⅱ. 저혈당증 ······································································································ 133 Ⅲ. 호르몬 ········································································································· 133 1. 남성호르몬/ 133 2. 월경전증후군/ 134 Ⅳ. 환경오염물질 ································································································ 134 [4] 신경생리학적 범죄이론 ················································································· 134 Ⅰ. 뇌기능 장애 ································································································· 134 1. 범죄와의 관련성/ 134 2. 신경학적 장애의 측정/ 135 Ⅱ. 학습장애 ······································································································ 136 Ⅲ. 주의력결핍 과잉행동장애 ··············································································· 136 Ⅳ. 뇌의 화학물질 ······························································································ 136 1. 도파민/ 137 2. 세로토닌/ 137 3. 노르에피네프린/ 137 4. 모노아민 산화요소/ 137 Ⅴ. 자율신경계의 작용 ························································································ 137 1. 아이젠크/ 138 2. 메드닉과 시들/ 138 제2절 심리학적 범죄원인론 ················································································· 144 [1] 정신분석이론 ······························································································· 144 Ⅰ. 프로이드의 정신분석학 ·················································································· 144 1. 인성의 구조/ 144 2. 리비도의 충족단계/ 145 Ⅱ. 범죄에 대한 정신분석학적 설명 ······································································ 145 1. 슈퍼에고의 발달/ 145 2. 슈퍼에고의 미발달/ 146 3. 애착이론/ 146 Ⅲ. 평 가 ·········································································································· 146 [2] 인성이론 ····································································································· 147 Ⅰ. 의 의 ·········································································································· 147 Ⅱ. 성격과 범죄의 연관성 ···················································································· 147 1. 슈에슬러와 크레시/ 147 2. 글룩 부부/ 147 3. 왈도와 디니츠/ 147 4. 아이젠크/ 148 Ⅲ. 평 가 ·········································································································· 149 [3] 인지발달이론 ······························································································· 149 Ⅰ. 의 의 ·········································································································· 149 Ⅱ. 인지발달과 범죄와의 연관성 ··········································································· 149 1. 피아제/ 149 2. 콜버그/ 150 Ⅲ. 정보처리능력과 범죄와의 연관성 ····································································· 151 Ⅳ. 평 가 ·········································································································· 151 [4] 행동이론 ····································································································· 151 Ⅰ. 의 의 ·········································································································· 151 Ⅱ. 학습이론 ······································································································ 152 1. 스키너/ 152 2. 반두라/ 152 Ⅲ. 학습이론에 대한 반론 ···················································································· 153 1. 본능이론/ 153 2. 좌절·공격이론/ 153 3. 인지부조화이론/ 154 Ⅳ. 평 가 ·········································································································· 154 [5] 정신결함이론 ······························································································· 155 Ⅰ. 정신병 ········································································································· 155 1. 정신분열증/ 155 2. 정신신경증/ 155 3. 정서정신병/ 156 4. 간 질/ 156 5. 편집증/ 156 Ⅱ. 정신병질 ······································································································ 156 1. 미국 정신의학회의 견해/ 156 2. 사이코패스/ 157 3. 슈나이더의 분류/ 158 [6] 지능이론 ····································································································· 160 Ⅰ. 의 의 ·········································································································· 160 Ⅱ. 지능과 범죄의 연관성 ···················································································· 161 1. 본성이론/ 161 2. 양육이론/ 161 Ⅲ. 평 가 ·········································································································· 161 제3절 사회학적 범죄원인론 ················································································· 168 [1] 사회구조이론 ······························································································· 168 Ⅰ. 사회해체이론 ································································································ 168 1. 사회생태학이론/ 168 2. 사회해체이론의 발전/ 170 3. 평 가/ 172 Ⅱ. 긴장이론 ······································································································ 172 1. 뒤르껭의 아노미이론/ 172 2. 머튼의 아노미이론/ 172 3. 기타의 아노미이론/ 174 Ⅲ. 하위문화이론 ································································································ 176 1. 코헨의 비행하위문화이론/ 176 2. 클로워드와 올린의 차별적 기회이론/ 177 3. 밀러의 하층계급문화이론/ 178 [2] 사회과정이론 ······························································································· 180 Ⅰ. 사회학습이론 ································································································ 180 1. 서덜랜드의 차별적 접촉이론/ 180 2. 에이커스와 버제스의 차별적 강화이론/ 182 3. 글레이저의 차별적 동일시이론/ 183 Ⅱ. 사회통제이론 ································································································ 184 1. 초기의 통제이론/ 184 2. 렉클리스의 봉쇄이론/ 185 3. 사이크스와 맛차의 중화기술이론/ 186 4. 허쉬의 사회유대이론/ 1875. 갓프레드슨과 허쉬의 자기통제이론/ 188 Ⅲ. 사회반응이론 ································································································ 189 1. 낙인이론/ 189 2. 가핑클의 민속방법론/ 193 [3] 갈등이론 ····································································································· 193 Ⅰ. 사회경제적 계급과 갈등 ················································································· 194 1. 마르크스의 계급투쟁론/ 194 2. 봉거의 급진적 갈등론/ 194 3. 퀴니의 급진적 갈등론/ 195 4. 테일러·월튼·영의 신범죄학/ 196 5. 스피처의 후기자본주의 갈등론/ 196 6. 영·메튜스의 좌파현실론/ 196 Ⅱ. 권력관계와 갈등 ··························································································· 197 1. 볼드의 집단갈등이론/ 197 2. 터크의 범죄화 요소이론/ 197 3. 챔블리스와 사이드먼의 차별적 범죄화이론/ 198 4. 블랙의 법의 행위이론/ 198 Ⅲ. 문화적 차이와 갈등 ······················································································· 199 1. 셀린의 문화갈등이론/ 199 2. 밀러의 하층계급문화이론/ 199 Ⅳ. 갈등이론의 평가 ··························································································· 200 제4절 현대 범죄학의 신경향 ················································································ 229 [1] 현대 범죄이론의 특징 ··················································································· 229 Ⅰ. 이론의 통합적 경향 ······················································································· 229 Ⅱ. 이론의 보수적 경향 ······················································································· 229 Ⅲ. 이론의 특수화 경향 ······················································································· 229 [2] 통합이론 ····································································································· 230 Ⅰ. 통합이론의 의의와 등장 배경 ········································································· 230 1. 통합이론의 의의/ 230 2. 통합이론의 등장 배경/ 230 Ⅱ. 통합이론의 유형 ··························································································· 230 1. 허쉬(Hirschi)의 구분/ 230 2. 리스카(Liska)의 구분/ 231 Ⅲ. 대표적 통합이론 ··························································································· 232 1. 엘리엇과 그 동료들의 통합이론/ 232 2. 헤이건의 권력통제이론/ 232 3. 콜빈과 폴리의 마르크스주의 통합이론/ 233 4. 티틀의 통제균형이론/ 233 Ⅳ. 통합이론에 대한 평가 ···················································································· 233 1. 장 점/ 233 2. 단 점/ 234 [3] 현대 범죄이론의 발전 ··················································································· 234 Ⅰ. 발달범죄학 ··································································································· 234 1. 의 의/ 234 2. 대표적 이론/ 234 Ⅱ. 현대적 고전학파 ··························································································· 237 1. 현대적 억제이론과 범죄경제학/ 237 2. 일상활동이론과 합리적 선택이론/ 238 Ⅲ. 페미니스트 범죄학 ························································································ 240 1. 의 의/ 240 2. 형사사법에 관한 페미니스트이론/ 240 3. 범죄에 관한 페미니스트이론/ 240 Ⅳ. 기타의 새로운 경향 ······················································································· 242 1. 환경범죄학/ 242 2. 문화범죄학/ 242 3. 평화주의 범죄학/ 243 4. 수형자 범죄학/ 243 5. 뉴스생산 범죄학과 대중범죄학/ 243 제3편 범죄유형론 제1절 전통적 폭력범죄 ······················································································· 253 [1] 폭 력 ········································································································· 253 Ⅰ. 폭력의 개념과 종류 ······················································································· 253 1. 폭력의 개념/ 253 2. 폭력의 종류/ 253 Ⅱ. 가정폭력과 아동학대 ····················································································· 253 1. 가정폭력/ 253 2. 아동학대/ 254 [2] 살 인 ········································································································· 255 Ⅰ. 살인의 개념과 특성 ······················································································· 255 1. 살인의 개념/ 255 2. 살인의 특성/ 255 Ⅱ. 다수살인 ······································································································ 256 1. 연쇄살인/ 256 2. 대량살인/ 257 3. 연속살인/ 257 [3] 강 간 ········································································································· 257 Ⅰ. 강간의 개념 ································································································· 257 Ⅱ. 강간의 유형 ································································································· 258 1. 그로스의 3유형론/ 258 2. 윤 간/ 258 3. 연쇄강간/ 258 4. 데이트강간/ 259 Ⅲ. 강간의 원인 ································································································· 259 1. 진화론적·생물학적 요인/ 259 2. 남성 중심의 사회화/ 259 3. 심리적 이상/ 259 4. 사회적 학습/ 259 5. 성 갈등적 관점/ 2606. 성적 동기/ 260 [4] 강 도 ········································································································· 260 Ⅰ. 강도의 개념과 특성 ······················································································· 260 1. 강도의 개념/ 260 2. 강도의 특성/ 260 Ⅱ. 강도의 유형 ································································································· 261 1. 전문적 강도/ 261 2. 아마추어 강도/ 261 제2절 특수한 범죄 ····························································································· 264 [1] 화이트칼라범죄 ···························································································· 264 Ⅰ. 화이트칼라범죄의 개념 ·················································································· 264 1. 서덜랜드의 개념정의/ 264 2. 최근의 개념정의/ 264 Ⅱ. 화이트칼라범죄의 폐해와 특성 ········································································ 264 1. 화이트칼라범죄의 폐해/ 264 2. 화이트칼라범죄의 특성/ 265 Ⅲ. 화이트칼라범죄의 유형 ·················································································· 265 1. 화이트칼라 사기/ 265 2. 화이트칼라 사취/ 266 3. 화이트칼라 사적 남용/ 266 4. 화이트칼라 직권 남용/ 266 5. 회사 내의 절도·횡령·사기/ 266 6. 고객 사기/ 266 7. 기업의 조직범죄/ 266 Ⅳ. 화이트칼라범죄의 원인 ·················································································· 267 1. 심리학적 소질론/ 267 2. 차별적 접촉이론/ 267 3. 중화이론/ 267 4. 합리적 선택이론/ 267 5. 문화적 관점/ 267 6. 자기통제력의 관점/ 267 Ⅴ. 화이트칼라범죄의 통제 ·················································································· 268 1. 준수전략/ 268 2. 억제전략/ 268 [2] 환경범죄 ····································································································· 268 Ⅰ. 환경범죄의 개념 ··························································································· 268 Ⅱ. 환경범죄의 특성 ··························································································· 268 1. 피해의 특성/ 268 2. 기업범죄/ 269 3. 정부범죄/ 269 4. 피해의 전가/ 269 Ⅲ. 환경범죄의 유형 ··························································································· 269 1. 시겔의 분류/ 269 2. 미국 법무부의 분류/ 269 Ⅳ. 환경범죄의 규제 ··························································································· 270 1. 정부의 규제전략/ 270 2. 수사역량의 강화/ 270 [3] 조직범죄 ····································································································· 270 Ⅰ. 조직범죄의 개념 ··························································································· 270 1. 미국의 ‘법집행 및 사법행정에 관한 대통령위원회’의 개념정의/ 270 2. 에이버딘스키의 개념정의/ 270 3. 공통된 개념요소/ 270 Ⅱ. 조직범죄의 특성 ··························································································· 271 1. 에이버딘스키의 8요소론/ 271 2. 구체적 특성/ 271 Ⅲ. 조직범죄의 유형 ··························································································· 272 1. 알비니의 분류/ 272 2. 알바니스의 분류/ 272 Ⅳ. 조직범죄의 원인 ··························································································· 272 [4] 정치범죄 ····································································································· 273 Ⅰ. 정치범죄의 개념 ··························································································· 273 Ⅱ. 정부에 의한 정치범죄 ···················································································· 273 1. 정부에 의한 정치범죄의 유형/ 273 2. 정부에 의한 정치범죄의 중화/ 273 3. 정부에 의한 정치범죄의 원인/ 274 Ⅲ. 정부에 대한 정치범죄 ···················································································· 274 1. 정부에 대한 정치범죄의 유형/ 274 2. 정부에 대한 정치범죄의 원인/ 275 [5] 표적범죄 ····································································································· 276 Ⅰ. 증오범죄 ······································································································ 276 1. 증오범죄의 개념/ 276 2. 증오범죄의 유형/ 276 3. 증오범죄의 특성/ 276 4. 증오범죄에 대한 대응/ 277 Ⅱ. 스토킹 ········································································································· 277 1. 스토킹의 의의/ 277 2. 스토킹의 특징/ 278 3. 스토킹의 유형/ 278 4. 스토킹의 처벌/ 278 [6] 성매매와 약물남용 ······················································································· 278 Ⅰ. 성매매 ········································································································· 279 1. 성매매의 개념/ 279 2. 성매매의 원인/ 279 3. 성매매에 대한 입법주의/ 280 Ⅱ. 약물남용 ······································································································ 280 1. 약물남용의 개념/ 280 2. 약물남용의 원인/ 281 3. 약물의 종류/ 281 4. 약물남용과 범죄/ 282 5. 약물남용에 대한 대책/ 282 [7] 사이버범죄 ·································································································· 283 Ⅰ. 사이버범죄의 개념 ························································································ 283 Ⅱ. 사이버범죄의 유형 ························································································ 283 1. 정보통신망 침해 범죄/ 283 2. 정보통신망 이용 범죄/ 284 3. 불법 콘텐츠 범죄/ 284 Ⅲ. 사이버범죄의 특징 ························································································ 285 제4편 범죄대책론 제1장 사전적 범죄대책론 제1절 범죄대책 일반론 ······················································································· 295 [1] 범죄대책의 의의와 종류 ················································································ 295 Ⅰ. 범죄대책의 의의 ··························································································· 295 Ⅱ. 범죄대책의 종류 ··························································································· 295 1. 형사정책과 사회정책/ 295 2. 사전적 범죄대책과 사후적 범죄대책/ 295 [2] 범죄대책의 모델 ·························································································· 296 Ⅰ. 범죄억제모델 ································································································ 296 Ⅱ. 사회복귀모델 ································································································ 296 Ⅲ. 환경공학을 통한 범죄통제모델 ········································································ 296 제2절 범죄예측론 ······························································································· 298 [1] 범죄예측의 의의와 역사 ················································································ 298 Ⅰ. 범죄예측의 의의 ··························································································· 298 1. 범죄예측의 개념/ 298 2. 범죄예측의 효용성/ 298 3. 범죄예측의 합리성 / 298 Ⅱ. 범죄예측의 역사 ··························································································· 298 1. 외국의 범죄예측/ 298 2. 우리나라의 범죄예측/ 299 [2] 범죄예측의 방법 ·························································································· 300 Ⅰ. 예측방법에 의한 분류 ···················································································· 300 1. 직관적 예측방법/ 300 2. 통계적 예측방법/ 300 3. 임상적 예측방법/ 301 4. 통합적 예측방법/ 301 Ⅱ. 예측시점에 의한 분류 ···················································································· 301 1. 조기예측/ 301 2. 수사단계예측/ 302 3. 재판단계예측/ 302 4. 석방단계예측/ 302 [3] 범죄예측의 한계와 전망 ················································································ 303 Ⅰ. 범죄예측의 한계 ··························································································· 303 1. 기술적 한계/ 303 2. 법리적 한계/ 303 Ⅱ. 범죄예측의 전망 ··························································································· 303 제3절 범죄예방론 ······························································································· 308 [1] 범죄예방 일반론 ·························································································· 308 Ⅰ. 범죄예방의 의의 ··························································································· 308 1. 범죄예방의 개념/ 308 2. 사전적 예방과 사후적 예방/ 308 Ⅱ. 범죄예방의 기초이론 ····················································································· 308 1. 억제이론/ 308 2. 치료 및 갱생이론/ 308 3. 사회발전이론/ 308 Ⅲ. 범죄예방의 모델 ··························································································· 309 1. 1차적 범죄예방/ 309 2. 2차적 범죄예방/ 309 3. 3차적 범죄예방/ 309 [2] 일차적 범죄예방 ·························································································· 309 Ⅰ. 환경설계를 통한 범죄예방(CPTED) ································································· 309 1. CPTED의 의의와 발전/ 309 2. CPTED의 원리/ 311 3. CPTED의 진화/ 311 Ⅱ. 이웃감시와 시민순찰 ····················································································· 312 1. 이웃감시/ 312 2. 시민순찰/ 312 3. 민간경비/ 312 Ⅲ. 일반억제 ······································································································ 313 1. 의 의/ 313 2. 일반억제의 요소/ 313 Ⅳ. 기타의 일차적 범죄예방 ················································································· 314 1. 대중교육/ 314 2. 발달적 범죄예방/ 314 3. 사회적 범죄예방/ 314 Ⅴ. 전이와 확산 ································································································· 314 1. 범죄전이/ 314 2. 혜택확산/ 315 [3] 이차적 범죄예방 ·························································································· 315 Ⅰ. 상황적 범죄예방 ··························································································· 315 1. 의 의/ 315 2. 이론적 근거/ 316 3. 유 형/ 316 Ⅱ. 지역사회 경찰활동 ························································································ 317 1. 의 의/ 317 2. 특 성/ 317 3. 문제점/ 318 [4] 삼차적 범죄예방 ·························································································· 319 Ⅰ. 무력화 ········································································································· 319 1. 의 의/ 319 2. 구금에 의한 무력화/ 319 3. 전자감시에 의한 무력화/ 320 Ⅱ. 특별억제 ······································································································ 321 1. 의 의/ 321 2. 효 과/ 321 Ⅲ. 사회복귀 ······································································································ 321 1. 의 의/ 321 2. 효 과/ 321 제2장 사후적 범죄대책론 제1절 형벌론 ····································································································· 333 [1] 형벌 일반론 ································································································ 333 Ⅰ. 형벌의 의의·종류 ·························································································· 333 1. 형벌의 의의/ 333 2. 형벌의 종류/ 333 Ⅱ. 형벌의 본질 ································································································· 333 1. 응보형주의/ 333 2. 목적형주의/ 334 3. 결합설/ 336 [2] 현행법상의 형벌제도 ···················································································· 337 Ⅰ. 사 형 ·········································································································· 337 1. 사형의 의의/ 337 2. 형법상 사형범죄의 범위/ 337 3. 사형존폐론/ 337 4. 사형의 집행방법/ 339 5. 사형제도의 개선방안/ 340 Ⅱ. 자유형 ········································································································· 340 1. 의 의/ 340 2. 형법상의 자유형/ 340 3. 자유형의 개선방안/ 341 Ⅲ. 재산형 ········································································································· 343 1. 의 의/ 343 2. 형법상의 재산형/ 343 3. 재산형의 문제점과 개선방안/ 345 Ⅳ. 명예형 ········································································································· 346 1. 의 의/ 346 2. 형법상의 명예형/ 346 3. 명예형의 문제점과 개선방안/ 347 제2절 보안처분론 ······························································································· 354 [1] 보안처분의 일반이론 ···················································································· 354 Ⅰ. 보안처분의 의의와 역사 ················································································· 354 1. 보안처분의 의의/ 354 2. 보안처분의 발전/ 354 3. 보안처분과 사회방위론/ 355 Ⅱ. 형벌과 보안처분의 관계 ················································································· 357 1. 이원주의/ 357 2. 일원주의/ 357 3. 대체주의/ 357 4. 결 론/ 358 Ⅲ. 보안처분의 지도원리와 전제조건 ····································································· 358 1. 보안처분의 지도원리/ 358 2. 보안처분의 전제조건/ 359 Ⅳ. 보안처분의 종류 ··························································································· 359 1. 대인적 보안처분/ 359 2. 대물적 보안처분/ 360 [2] 현행법상의 보안처분 ···················································································· 360 Ⅰ. 보호관찰법상의 보안처분 ··············································································· 360 1. 보호관찰/ 360 2. 사회봉사명령·수강명령/ 366 3. 갱생보호/ 367 Ⅱ. 치료감호 ······································································································ 368 1. 의 의/ 368 2. 치료감호대상자/ 368 3. 치료감호의 청구/ 368 4. 치료감호의 내용/ 369 5. 치료감호와 보호관찰/ 370 Ⅲ. 기타의 보안처분 ··························································································· 370 1. 소년법상의 보호처분/ 370 2. 보안관찰/ 371 3. 전자감시/ 3724. 신상정보공개/ 376 5. 치료명령/ 377 제3절 형사사법절차론 ························································································· 388 [1] 서 설 ········································································································· 388 Ⅰ. 형사사법절차의 의의 ····················································································· 388 Ⅱ. 형사사법절차와 범죄예방 ··············································································· 388 [2] 수사절차와 범죄예방 ···················································································· 388 Ⅰ. 서 설 ·········································································································· 388 Ⅱ. 범죄예방과 검거율 ························································································ 388 Ⅲ. 기소유예와 기소편의주의 ··············································································· 389 1. 의 의/ 389 2. 기소편의주의의 장·단점/ 389 3. 선도조건부 기소유예/ 390 4. 기소유예에 대한 불복제도/ 390 Ⅳ. 협상제도 ······································································································ 391 1. 의 의/ 391 2. 찬·반론/ 391 [3] 공판절차와 범죄예방 ···················································································· 392 Ⅰ. 서 설 ·········································································································· 392 Ⅱ. 양형론 ········································································································· 392 1. 의 의/ 392 2. 양형의 기준/ 392 3. 양형의 합리화방안/ 394 Ⅲ. 형벌의 유예제도 ··························································································· 397 1. 선고유예제도/ 397 2. 집행유예제도/ 398 Ⅳ. 미결구금 ······································································································ 399 1. 의 의/ 399 2. 장 소/ 399 3. 미결수용자의 법적 지위/ 400 4. 본형과의 관계/ 401 5. 문제점과 개선방안/ 401 [4] 형집행절차와 범죄예방 ················································································· 401 Ⅰ. 서 설 ·········································································································· 401 Ⅱ. 교정처우의 모델 ··························································································· 402 1. 개선모델/ 402 2. 치료모델/ 402 3. 사법모델/ 402 4. 재통합모델/ 402 5. 조정모델/ 403 6. 경제모델/ 403 Ⅲ. 교정처우의 종류 ··························································································· 403 1. 시설 내 처우/ 403 2. 개방형 처우/ 403 3. 사회 내 처우/ 404 Ⅳ. 가석방과 사면 ······························································································ 405 1. 가석방/ 405 2. 사 면/ 406 제4절 범죄피해자론 ···························································································· 415 [1] 피해자와 피해자학 ······················································································· 415 Ⅰ. 피해자 ········································································································· 415 1. 피해자의 개념/ 415 2. 피해자화/ 416 Ⅱ. 피해자학 ······································································································ 417 1. 피해자학의 의의/ 417 2. 피해자학의 역사/ 417 [2] 범죄의 원인과 피해자 ··················································································· 418 Ⅰ. 피해자유형과 범죄유형 ·················································································· 418 1. 피해자의 유형/ 418 2. 피해자 입장에서의 범죄유형/ 419 Ⅱ. 범죄피해원인론 ····························································································· 419 1. 범죄의 피해자측 요인/ 419 2. 범죄피해원인에 관한 학설/ 420 [3] 피해자 보호제도 ·························································································· 421 Ⅰ. 형사절차에서의 피해자의 지위 ········································································ 421 1. 수사절차/ 421 2. 공판절차/ 423 Ⅱ. 피해자 구제제도 ··························································································· 424 1. 배상명령제도/ 424 2. 범죄피해자구조제도/ 424 Ⅲ. 회복적 사법 ································································································· 427 1. 회복적 사법의 의의/ 427 2. 회복적 사법의 연혁/ 428 3. 회복적 사법의 유형/ 429 4. 회복적 사법의 문제점과 전망/ 431 5. 현행법상의 회복적 사법제도/ 431 제5절 소년범죄대책론 ························································································· 443 [1] 소년과 소년범죄 ·························································································· 443 Ⅰ. 소년범죄의 의의와 유형 ················································································· 443 1. 소년범죄의 의의/ 443 2. 「소년법」상 소년의 유형/ 443 Ⅱ. 소년범죄의 현황 ··························································································· 444 1. 범죄유형의 현황/ 444 2. 인구사회학적 현황/ 445 3. 범죄학적 현황/ 445 Ⅲ. 소년범죄의 원인과 대책 ················································································· 446 1. 소년범죄의 원인/ 446 2. 소년범죄의 대책/ 447 [2] 소년범죄의 처리원칙 ···················································································· 448 Ⅰ. 「소년법」의 이념 ··························································································· 448 1. 국친사상/ 448 2. 교육형주의/ 448 Ⅱ. 소년보호의 원칙 ··························································································· 449 1. 인격주의/ 449 2. 예방주의/ 449 3. 개별주의/ 450 4. 과학주의/ 450 5. 교육주의/ 450 6. 협력주의/ 450 7. 밀행주의/ 451 [3] 소년에 대한 특별절차 ··················································································· 451 Ⅰ. 소년보호절차 ································································································ 451 1. 소년보호사건의 대상 및 관할/ 451 2. 소년보호절차의 개시/ 452 3. 조사와 소년분류심사/ 453 4. 법원의 처분/ 454 Ⅱ. 소년형사절차 ································································································ 458 1. 소년형사절차의 개시/ 458 2. 소년형사절차의 특칙/ 458 부 록 「형법」(형벌) ······································································································ 473 「보호관찰 등에 관한 법률」 ·················································································· 479 「치료감호 등에 관한 법률」 ·················································································· 498 「전자장치 부착 등에 관한 법률」 ·········································································· 513 「형의 집행 및 수용자의 처우에 관한 법률」 ··························································· 527 「범죄피해자 보호법」 ··························································································· 553 「소년법」 ··········································································································· 563 참고문헌 ··········································································································· 575 사항색인 ··········································································································· 577

〈 서 문 〉 2023년판 「범죄학요론」에 대하여 본 「범죄학요론」은 2022년에 출간된 「범죄학 기본서」의 개정판이다. 1. 2022년 기출문제 분석 2022년에 경찰간부후보생시험(경찰간부), 경찰행정 경쟁채용시험(경행경채), 해양경찰간부후보생시험(해경간부)에서 처음으로 “범죄학” 과목에 대한 시험이 실시되었다. 원래 경찰청에서는 분야별 출제비중으로 “범죄학 일반 10%, 범죄원인론 50%, 범죄유형론 10%, 범죄대책론 30%”를 제시하였으나, 위 시험들에서는 이러한 기준이 엄격하게 적용되지는 않았다. 가장 많은 출제비중을 차지하고 있는 부분은 “범죄원인론”으로서 위의 세 시험 모두 50% 이상의 높은 출제비중을 보였다(경찰간부 57.5%, 경행경채 55%, 해경간부 60%). 그런데 시험별로 가장 큰 편차를 보이는 부분은 “범죄대책론”이다(경찰간부 12%, 경행경채 25%, 해경간부 35%). 특히 특별법(예; 「치료감호법」, 「전자장치부착법」, 「범죄피해자 보호법」, 「소년법」 등)의 조문 내용을 묻는 문제가 경찰간부와 경행경채에서는 출제되지 않았으나, 해경간부에서는 8문제(20%)나 출제되었다. 이러한 상황은 앞으로 경찰간부와 경행경채에서도 법령문제가 출제될 가능성이 매우 높다는 것을 보여준다. 2. 2023년판 「범죄학요론」에서 중점적으로 보완한 내용들 “범죄학”은 법조문이나 판례를 기초로 하지 않기 때문에 그 내용의 범위가 매우 불분명하다. 국내의 범죄학 도서에 실려 있지 않은 처음 보는 학자나 이론이 출제되는 경우도 있고, 법령에서 매우 지엽적인 조문이 출제되는 경우도 있어 수험생들을 당황하게 만든다. 그렇다고 해서 범죄학 관련 국내외의 모든 책과 모든 법령의 조문을 다 공부하는 것도 현실적으로는 불가능하다. 이러한 상황에서 가장 효율적인 대처방법은 기출문제를 통해서 보충하는 방법이다. “범죄학”뿐만 아니라 인접과목으로서 “형사정책”이나 “교정학” 시험은 오래 전부터 시행되어 왔다. “범죄학”은 내용적으로 “형사정책”과 거의 다 겹치며, “교정학”과는 범죄원인론 등 일부가 겹친다. 이에 2023년판 「범죄학요론」에서는 2000년 이후의 이러한 모든 기출문제를 검토하여 2022년판에서 부족했던 점을 보완하였다. 20여년 정도라면 출제될 수 있는 내용은 이미 거의 다 출제되었다고 볼 수 있다. 따라서 기출된 내용들을 거의 모두 반영한 2023년판 「범죄학요론」을 충실하게 공부한다면 좋은 점수로 합격하는 데에는 전혀 지장이 없을 것이라고 생각한다. 그리고 여기에 더하여 곧 출간될 문제집인 「상세해설 객관식 범죄학」을 병행해서 공부한다면 더욱 완벽한 학습이 될 것이다. 2022년 10월 12일 법학박사 신 호 진