서론서 론§ 1Ⅰ. 형법각론의 본질 ······························································································· 3Ⅱ. 형법각론의 체계 ······························································································· 4제 1 편?개인적 법익에 대한 죄제 1 장 생명과 신체에 대한 죄제 1 절 살인의 죄§ 2Ⅰ. 총 설 ·········································································································· 91.살인죄의 의의 ··································································································· 92.구성요건의 체계 ····························································································· 12Ⅱ. 살 인 죄········································································································· 121.구성요건 ·········································································································· 122.위 법 성 ········································································································· 213.죄 수 ········································································································· 23Ⅲ. 존속살해죄 ····································································································· 24Ⅳ. 감경적 구성요건 ····························································································· 281.영아살해죄 ······································································································ 282.촉탁ㆍ승낙에 의한 살인죄 ·············································································· 313.자살교사ㆍ방조죄 ···························································································· 34Ⅴ. 위계ㆍ위력에 의한 살인죄 ············································································· 38Ⅵ. 살인예비ㆍ음모죄 ··························································································· 39제 2 절 상해와 폭행의 죄§ 3Ⅰ. 총 설 ········································································································ 401.상해와 폭행의 죄의 의의 ················································································ 402.상해죄와 폭행죄의 관계 ················································································· 413.구성요건의 체계 ····························································································· 43Ⅱ. 상해의 죄 ······································································································· 431.상 해 죄 ········································································································· 432.존속상해죄 ······································································································ 513.중상해죄ㆍ존속중상해죄 ················································································· 514.특수상해죄ㆍ특수중상해죄 ············································································· 545.상해치사죄ㆍ존속상해치사죄 ·········································································· 546.동시범의 특례 ································································································· 56Ⅲ. 폭행의 죄 ······································································································· 601.폭 행 죄 ········································································································· 602.존속폭행죄 ······································································································ 643.특수폭행죄 ······································································································ 644.폭행치사상죄 ·································································································· 68Ⅳ. 상습상해(존속상해ㆍ중상해ㆍ존속중상해ㆍ특수상해)ㆍ상습폭행(존속폭행ㆍ특수폭행)죄 ················································································· 70제 3 절 과실치사상의 죄§ 4Ⅰ. 총 설 ········································································································ 711.과실치사상의 죄의 의의 ················································································· 712.과실범의 구조 ································································································· 71Ⅱ. 과실치상죄ㆍ과실치사죄 ················································································ 721.과실치상죄 ······································································································ 722.과실치사죄 ······································································································ 73Ⅲ. 업무상과실ㆍ중과실치사상죄 ········································································· 751.업무상과실치사상죄 ······················································································· 752.중과실치사상죄 ······························································································· 833. 차의 교통으로 인한 업무상과실치사상죄 ······················································· 83제 4 절 낙태의 죄§ 5Ⅰ. 총 설 ········································································································ 881.낙태죄의 의의 ································································································· 882.현행법상 낙태죄의 처벌 ················································································· 903.낙태의 자유화 문제 ························································································ 93Ⅱ. 자기낙태죄ㆍ동의낙태죄 ················································································ 971.자기낙태죄 ······································································································ 972.동의낙태죄 ······································································································ 99Ⅲ. 낙태죄의 가중적 구성요건 ··········································································· 1001.업무상 낙태죄 ······························································································· 1002.부동의낙태죄 ································································································ 1013.낙태치사상죄 ································································································ 102제 5 절 유기와 학대의 죄§ 6Ⅰ. 총 설 ······································································································ 1031.유기죄의 의의 ······························································································· 1032.보호법익 ········································································································ 104Ⅱ. 유 기 죄······································································································· 1051.단순유기죄 ···································································································· 1052.존속유기죄 ···································································································· 1103.중유기죄ㆍ존속중유기죄 ··············································································· 1104.영아유기죄 ···································································································· 1115.유기치사상죄ㆍ존속유기치사상죄 ································································ 111Ⅲ. 학대죄와 아동혹사죄 ··················································································· 1121.학대죄ㆍ존속학대죄 ······················································································ 1122.아동혹사죄 ···································································································· 113제 2 장 자유에 대한 죄제 1 절 협박의 죄§ 7Ⅰ. 총 설 ······································································································ 1151.의의와 본질 ··································································································· 1152.구성요건의 체계 ··························································································· 116Ⅱ. 협 박 죄······································································································· 117Ⅲ. 가중적 구성요건 ··························································································· 1211.존속협박죄 ···································································································· 1212.특수협박죄 ···································································································· 1223.상습협박죄 ···································································································· 122제 2 절 체포와 감금의 죄§ 8Ⅰ. 총 설 ······································································································ 1221.체포ㆍ감금죄의 의의 ····················································································· 1222.구성요건의 체계 ··························································································· 123Ⅱ. 체포ㆍ감금죄 ································································································ 124Ⅲ. 가중적 구성요건 ··························································································· 1281.존속체포ㆍ감금죄 ·························································································· 1282.중체포ㆍ감금죄, 존속중체포ㆍ감금죄 ··························································· 1293.특수체포ㆍ감금죄 ·························································································· 1294.상습체포ㆍ감금죄 ·························································································· 1305.체포ㆍ감금치사상죄, 존속체포ㆍ감금치사상죄 ············································ 130제 3 절 약취ㆍ유인 및 인신매매의 죄§ 9Ⅰ. 총 설 ······································································································ 1311.약취ㆍ유인 및 인신매매의 죄의 의의 ··························································· 1312.보호법익 ········································································································ 1333.구성요건의 체계 ··························································································· 134Ⅱ. 미성년자 약취ㆍ유인죄 ················································································ 1351.객관적 구성요건 ··························································································· 1352.주관적 구성요건 ··························································································· 1383.위 법 성 ······································································································· 1394.형의 감경 ······································································································ 139Ⅲ. 추행ㆍ간음ㆍ결혼ㆍ영리ㆍ국외이송 등 목적 약취ㆍ유인죄 ·························· 1401.추행ㆍ간음ㆍ결혼ㆍ영리목적 약취ㆍ유인죄 ·················································· 1402.노동력 착취, 성매매와 성적 착취, 장기적출목적 약취ㆍ유인죄 ·················· 1423.국외이송목적 약취ㆍ유인죄 ·········································································· 143Ⅳ. 인신매매죄 ··································································································· 1441.단순 인신매매죄 ··························································································· 1442. 추행ㆍ간음ㆍ결혼 또는 영리목적 인신매매죄, 노동력 착취ㆍ성매매와 성적 착취ㆍ장기적출목적 인신매매죄, 국외이송목적 인신매매죄, 피인신매매자 국외이송죄·············································································· 146Ⅴ. 약취ㆍ유인ㆍ매매ㆍ이송 등 상해ㆍ치상죄, 동 살인ㆍ치사죄 ······················· 146Ⅵ. 약취ㆍ유인ㆍ매매ㆍ이송된 사람의 수수ㆍ은닉 등 죄 ··································· 147Ⅶ. 미성년자 약취ㆍ유인 등 예비ㆍ음모죄························································· 148제 4 절 강요의 죄§ 10Ⅰ. 총 설 ······································································································ 1491.의의와 본질 ··································································································· 1492.입 법 론 ······································································································· 150Ⅱ. 강 요 죄······································································································· 1511.단순강요죄 ···································································································· 1512.특수강요죄 ···································································································· 1553.중강요죄 ········································································································ 155Ⅲ. 인질범죄 ······································································································· 1561.인질강요죄 ···································································································· 1562.인질상해ㆍ치상죄 ·························································································· 1583.인질살해ㆍ치사죄 ·························································································· 158제 5 절 강간과 추행의 죄§ 11Ⅰ. 총 설 ······································································································ 1591.강간과 추행의 죄의 의의 ·············································································· 1592.구성요건의 체계 ··························································································· 160Ⅱ. 강간죄와 강제추행죄 ··················································································· 1621.강 간 죄 ······································································································· 1622.강제추행죄 ···································································································· 167Ⅲ. 준강간죄와 준강제추행죄 ············································································ 1711.준강간죄ㆍ준강제추행죄 ··············································································· 1712.미성년자 의제강간ㆍ유사강간ㆍ강제추행죄 ················································· 173Ⅳ. 강간 등 상해ㆍ치상죄, 강간 등 살인ㆍ치사죄 ············································· 1751.강간 등 상해ㆍ치상죄 ··················································································· 1752.강간 등 살인ㆍ치사죄 ··················································································· 178Ⅴ. 독립된 구성요건 ··························································································· 1791.미성년자ㆍ심신미약자 간음ㆍ추행죄 ···························································· 1792.업무상위력 등에 의한 간음죄 ······································································· 180Ⅵ. 상습강간ㆍ강제추행죄, 상습준강간ㆍ준강제추행등죄 ································· 182Ⅶ. 강간 등 예비ㆍ음모죄 ··················································································· 182제 3 장 명예와 신용에 대한 죄제 1 절 명예에 관한 죄§ 12Ⅰ. 총 설 ······································································································ 1831.명예에 관한 죄의 의의 ·················································································· 1832.보호법익 ········································································································ 184Ⅱ. 명예훼손의 죄 ······························································································ 1891.명예훼손죄 ···································································································· 1892.사자의 명예훼손죄 ························································································ 2013.출판물 등에 의한 명예훼손죄 ······································································· 201Ⅲ. 모 욕 죄······································································································· 203제 2 절 신용ㆍ업무와 경매에 관한 죄§ 13Ⅰ. 총 설 ······································································································ 2051.신용ㆍ업무와 경매에 관한 죄의 의의 ··························································· 2052.신용ㆍ업무와 경매에 관한 죄의 본질 ··························································· 206Ⅱ. 신용훼손죄 ··································································································· 208Ⅲ. 업무방해죄 ··································································································· 210Ⅳ. 경매ㆍ입찰방해죄 ························································································· 221제 4 장 사생활의 평온에 대한 죄제 1 절 비밀침해의 죄§ 14Ⅰ. 총 설 ······································································································ 2241.비밀침해의 죄의 의의 ··················································································· 2242.입 법 론 ······································································································· 226Ⅱ. 비밀침해죄 ··································································································· 227Ⅲ. 업무상 비밀누설죄 ······················································································· 231제 2 절 주거침입의 죄§ 15Ⅰ. 총 설 ······································································································ 2351.주거침입죄의 의의 ························································································ 2352.보호법익 ········································································································ 236Ⅱ. 주거침입죄 ··································································································· 2381.단순주거침입죄 ·································?