[김원욱 형법]원욱이형은 내친구 2.1
저자 : 김원욱
출판사 : 좋은책
출판일 : 2019-04-03
페이지 : 302
판형 : 초판
구매수량 :
정가 24,000원 -> 210원 적립
21,600
스프링분철 :
총 금액 :
    상품소개
    독자서평
    주문/환불/배송/교환정책
    [ 머 리 말 ]

    원욱이형은 내친구는 요약서로서 짧은 내용이지만 기본서의 깊이 있는 내용을 모두 담았
    습니다. 페이지 수는 적지만 그에 수록된 내용은 국내 최다입니다. 따라서 이 교재는 들고
    다니며 가볍게 볼 책이 아니고 책상에 앉아서 기본서로 공부한 내용을 생각하면서 읽어보
    는 용도로 사용합니다.

    별책부록 키워드 스토리는 제목처럼 키워드를 보고 기본서 본문 내용의 스토리를 떠올려
    보는 교재입니다. 요약서의 내용 중에서도 무한 반복해야 할 내용을 더 축약하여 핸드북
    형식으로 제작하였습니다. 별책부록은 별 생각 없이 들고 다니면서 수시로 반복하고 리마
    인드하는 용도로 사용합니다.

    별책부록의 내용은 김원욱쌤이 녹음이나 영상으로 촬영하여 스마트폰으로 볼 수 있도록 제
    작할 예정입니다. 교재 출간 이후 녹음이나 영상 촬영이 완료되면 네이버밴드 김원욱형법
    교실 또는 다음카페 김원욱형법교실에 공지하여 어떻게 볼 수 있는지 공지하겠습니다.

    [ 목 차 ]

    제1편 형법서론
    제1장 ❙ 형법의 기본개념 / 16
    제2장 ❙ 죄형법정주의 / 16
    Ⅰ 법률주의 (관습형법금지원칙, 포괄위임금지원칙)
    ·································································16
    Ⅱ 명확성원칙 ·················································17
    Ⅲ 소급금지원칙 (형벌불소급원칙) ·················18
    Ⅳ 유추해석금지원칙 ······································19
    Ⅴ 적정성원칙 ················································22
    제3장 ❙ 형법의 적용범위 / 23
    제1절 형법의 시간적 적용범위 ······················23
    Ⅰ 제1조 1항의 해석 ·······································23
    Ⅱ 제1조 2항의 해석 ·······································23
    Ⅲ 제1조 3항의 해석 ······································24
    Ⅳ 제1조 2항·3항의 예외 ·······························24
    Ⅴ 한시법과 백지형법 ····································24
    제2절 형법의 장소적 적용범위 ······················26
    Ⅰ 속지주의 ···················································26
    Ⅱ 기국주의 ···················································26
    Ⅲ 속인주의 ···················································26
    Ⅳ 제5조의 보호주의 ······································27
    Ⅴ 제6조의 보호주의 ······································27
    Ⅵ 세계주의 ····················································27
    Ⅶ 국가간 법률충돌의 해결 ····························28
    제3절 형법의 인적 적용범위 ··························29
    제4절 특별법과의 관계 ··································29
    제2편 범죄론
    제1장 ❙ 범죄론의 기초 / 32
    제2장 ❙ 구성요건론 / 32
    제1절 범죄의 종류 ·········································32
    제2절 행위의 주체와 객체 ·····························32
    제3절 부작위범 ··············································34
    Ⅰ,Ⅱ,Ⅲ 부작위범의 요건 ·······························34
    Ⅳ 법적 작위의무 ···········································34
    Ⅴ 작위와 부작위의 적용 ·······························35
    Ⅵ,Ⅶ 관련문제 ···············································35
    제4절 인과관계와 객관적 귀속 ······················36
    제5절 구성요건적 고의 ··································38
    Ⅰ,Ⅱ 고의의 인식대상 ···································38
    Ⅲ 고의의 종류 ··············································38
    제6절 구성요건적 착오 ···································41
    Ⅱ 구성요건적 착오의 종류 ····························41
    Ⅵ 병발 사례 ···················································41
    Ⅶ 개괄적 고의 과실 사례 ······························42
    제7절 과실범 ··················································43
    Ⅰ 과실범의 개관 ···········································43
    Ⅱ,Ⅲ 과실범의 구성요건, 관련문제 ···············44
    Ⅳ 신뢰의 원칙 ···············································47
    제8절 결과적 가중범 ·····································50
    Ⅰ,Ⅱ 결과적 가중범의 의미와 종류 ···············50
    Ⅲ,Ⅳ 구성요건과 행위책임주의 ·····················50
    Ⅴ 관련문제 ····················································51
    제3장 ❙위법성론 / 53
    제1절 위법성의 일반이론 ·······························53
    Ⅱ 위법성조각사유 ·········································53
    Ⅲ 주관적 정당화의사 결한 경우 (우연방위) ·· 53
    제2절 정당방위 ··············································53
    Ⅱ 성립요건 ···················································53
    Ⅲ 방위의 효과 ··············································55
    제3절 긴급피난 ··············································56
    Ⅴ 의무의 충돌 ··············································56
    제4절 자구행위 ··············································57
    제5절 피해자의 승낙 ······································57
    Ⅰ 피해자의 동의의 의미 ·······························57
    Ⅱ 동의를 양해로 해석하는 경우 ···················58
    Ⅲ 동의를 승낙으로 해석하는 경우 ················58
    Ⅳ 추정적 승낙 ··············································59
    제6절 정당행위 ··············································59
    Ⅰ 법령에 의한 행위 ······································59
    Ⅱ 업무로 인한 행위 ······································62
    Ⅲ 기타 사회상규에 합치하는 행위 ················63
    제4장 ❙책임론 / 65
    제1절 책임의 일반이론 ··································65
    제2절 책임능력 ··············································65
    Ⅱ 책임무능력자 ············································65
    Ⅲ 한정책임능력자 ·········································66
    Ⅳ 원인에 있어서 자유로운 행위 ····················67
    제3절 위법성의 인식과 금지착오 ··················68
    Ⅰ,Ⅱ 금지착오의 개념과 유형 ·······················68
    Ⅲ 금지착오의 효과 ·······································68
    Ⅳ 위법성조각사유의 전제사실의 착오 ··········70
    Ⅴ 피해자의 동의와 관련된 착오의 정리 (7급이론)
    ·································································70
    제4절 기대가능성 ···········································71
    Ⅰ 기대가능성의 판단기준 ······························71
    Ⅱ 기대불가능성의 유형 ·································71
    Ⅲ 강요된 행위 ···············································71
    제5장 ❙미수론 / 73
    제1절 미수범의 일반이론 ·······························73
    제2절 음모·예비죄 ·········································73
    Ⅰ 선전·선동 ··················································73
    Ⅱ 음모·예비 ··················································73
    Ⅳ 관련문제 ···················································74
    제3절 장애미수 ··············································75
    제4절 중지미수 ···············································77
    Ⅲ 자의성 ·······················································77
    Ⅳ 범행중지 또는 결과방지 ····························78
    Ⅴ,Ⅵ 공범과 중지미수, 관련문제 ···················78
    제5절 불능미수 ··············································79
    Ⅱ 성립요건 ···················································79
    Ⅲ 불능미수의 판단 ········································79
    제6장 ❙ 공범론 / 81
    제1절 공범의 일반이론 ···································81
    Ⅱ 필요적 공범 ···············································81
    Ⅲ 정범과 공범의 관계 ···································81
    Ⅳ 기도된 교사·방조 ······································82
    제2절 간접정범 ··············································82
    Ⅰ 정범과 공범의 구별 ···································82
    Ⅱ 간접정범의 이용행위 ································83
    Ⅴ 특수교사·방조 ··········································83
    제3절 공동정범 ··············································84
    Ⅰ 공동정범의 개념 ·······································84
    Ⅱ 주관적 요건 ··············································84
    Ⅲ 객관적 요건 ··············································86
    Ⅳ 공동정범의 인과관계 ································88
    Ⅴ 동시범 ·······················································88
    Ⅵ 합동범 ·······················································89
    제4절 교사범 ··················································90
    Ⅱ 성립요건 ···················································90
    Ⅲ 교사의 착오 ···············································91
    Ⅳ 관련문제 ···················································92
    제5절 방조범 ··················································92
    Ⅰ 총칙상 방조범의 개념 ·······························92
    Ⅱ 성립요건 ···················································92
    Ⅴ 방조의 착오 ··············································94
    Ⅵ 관련문제 ···················································94
    제6절 공범과 신분 ·········································95
    Ⅰ 형법상 신분 ··············································95
    Ⅱ 적극적 신분 (제33조의 해석) ····················95
    Ⅲ 소극적 신분 ··············································96
    제7장 ❙ 죄수론 / 97
    제1절 죄수 일반이론 ······································97
    제2절 일죄 ······················································97
    Ⅰ 법조경합 ···················································97
    Ⅱ 포괄일죄 ···················································99
    제3절 상상적 경합 ········································102
    Ⅱ 요건 ·························································102
    Ⅲ 효과 ·························································102
    제4절 실체적 경합 ·······································104
    Ⅲ 소송법적 요건 ·········································104
    Ⅳ 경합범의 효과 ··········································105
    제3편 형벌론
    제1절 형벌의 종류 ········································110
    Ⅴ 재산형 ······················································110
    제2절 형의 양정 ············································114
    Ⅱ 양형기준 ···················································114
    Ⅲ 형의 가중 감경 면제 ·································114
    Ⅳ 미결구금 ···················································115
    Ⅴ 판결의 공시 ··············································115
    Ⅵ 자수와 자복 ··············································115
    제3절 누범 ·····················································117
    Ⅱ 누범가중의 요건 ·······································117
    Ⅲ 누범의 효과 ··············································118
    Ⅵ 특가법상 누범 ··········································118
    제4절 선고유예·집행유예·가석방 ················118
    Ⅰ 선고유예 ···················································118
    Ⅱ 집행유예 ···················································119
    Ⅲ 가석방 ·····················································120
    제5절 형의 시효·소멸·기간 ··························121
    제6절 보안처분 ·············································121
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