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형벌에 의지하는 사회 : 대학생 교양형법 (Loan 1 times)

Material type
단행본
Personal Author
구길모, 1974-
Title Statement
형벌에 의지하는 사회 : 대학생 교양형법 / 구길모
Publication, Distribution, etc
대전 :   충남대학교출판문화원,   2021  
Physical Medium
576 p. ; 25 cm
ISBN
9791165031251
000 00000cam c2200205 c 4500
001 000046106105
005 20220127160253
007 ta
008 220125s2021 tjk MB 000c kor
020 ▼a 9791165031251 ▼g 93360
035 ▼a (KERIS)BIB000015957016
040 ▼d 221016 ▼a 221016 ▼c 221016 ▼d 211009
082 0 4 ▼a 345.519 ▼2 23
085 ▼a 345.53 ▼2 DDCK
090 ▼a 345.53 ▼b 2021z22
100 1 ▼a 구길모, ▼d 1974- ▼0 AUTH(211009)59371
245 1 0 ▼a 형벌에 의지하는 사회 : ▼b 대학생 교양형법 / ▼d 구길모
260 ▼a 대전 : ▼b 충남대학교출판문화원, ▼c 2021
300 ▼a 576 p. ; ▼c 25 cm
536 ▼a 이 저서는 2018년 충남대학교 학술연구비의 지원을 받아 연구되었음
945 ▼a KLPA

Holdings Information

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No. 1 Location Main Library/Law Library(Books/B1)/ Call Number 345.53 2021z22 Accession No. 111857973 Availability Available Due Date Make a Reservation Service B M

Contents information

Book Introduction

대학생을 위한 필수교양으로서의 형법책

신문 사회면에는 연일 범죄에 대한 기사가 게재된다. 그리고 이에 대한 독자들의 댓글은 엄벌을 요구하는 글 일색이다. 마치 로마 원형경기장에서 ‘죽이라’고 소리치는 군중을 보는 듯하다. 그러나 이에 대하여 조금 더 이성적으로 생각하고 조금 더 신중하게 대응방법을 고민해보는 자세도 필요하다고 생각된다. 형법을 전공하고 가르치는 교수로서 이러한 자세를 법학을 전공으로 하지 않는 대학생들을 대상으로 교양 수준에서 논의하는 책이다.

[ 저자서문 ]
신문 사회면을 보면 범죄에 대한 기사가 넘쳐난다. 그리고 이에 대한 독자들의 댓글은 엄벌을 요구하는 글 일색이다. 마치 로마 원형경기장에서 ‘죽이라’고 소리치는 군중을 보는 듯하다. 그러나 이에 대하여 조금 더 이성적으로 생각하고 대응방법을 고민해보는 자세도 필요하다고 생각된다. 법학을 전공하고 가르치는 교수로서 이러한 자세를 법학을 전공으로 하지 않는 학생들과 공유하고 싶었다.
왜 형법은 계속 비대화될까? 우리 사회에 바람직하지 못한 사건이 발생했을 때, 이에 대처하는 방법에는 여러 가지가 있을 수 있다. 그런데 이런 수단에는 ‘돈’이 들어가는 경우가 많다. 예를 들어 고등학생들의 범죄가 많아지면 고등학교에 전문 상담교사를 늘리자는 대책이 수립될 수 있다. 그런데 이런 대책을 실행하는 데는 돈이 든다. 따라서 예산이 편성되어야 한다. 그러나 형법을 투입하는 데는 돈이 들지 않는다. 그리고 ‘생색내기’도 좋다. 국회의원, 정부, 시민단체 모두 형법을 만드는데 적극적일 수밖에 없는 이유이다. 그러나 우리 모두 잠재적 범죄자이다. 누구라도 형법상 처벌 대상이 될 수 있음을 기억해야 한다. 학자들이 이런 형법 비대화를 비판하는 역할을 수행하여야 할 것이다. 그런 역할을 충실히 수행하지 못한 자신을 반성하게 된다. 또 기억해야할 것이 있다. 형법의 강화에 따른 효과가 항상 검증되는 것도 아니다. 그리고 형법의 강화는 엄밀히 말해 공짜가 아니다. 예를 들어 징역형 선고가 늘어나면 교
도소 운영비용을 증가시키게 된다.
그래서 고민 끝에 다음과 같은 수업을 기획하였다.
학생들이 뉴스를 통해 항상 접하는 우리 사회의 사건·사고들을 이야기하면서 자연스럽게 형법에 관한 논의를 진행해 보자. 이런 의도로 기획하다 보니 자연스레 뉴스에 많이 나오는 범죄, 즉 많이 발생하는 범죄유형에 논의를 집중하게 되었다. 실제 사건들을 이야기하며 형법이야기를 하다보니 자연스레 형법각론을 중심으로 이야기하게 되었고, 필요한 범위에서만 형법총론의 이야기를 곁들이게 되었다. 그리고 자주 발생하는 사건을 이야기하다 보니 자연스레 형사특별법에 관한 이야기도 하게 되었다.
형법은 죄형법정주의원칙이 지배하는 특성을 갖는다. 이러한 점에서 민법, 행정법 등과 구별된다. 따라서 법조문을 알고 이를 이해하는 것이 형법공부의 시작이 되어야 한다. 이러한 취지에서 형법 조문을 꼼꼼히 제시하였다. 이러한 기술방법이 공부하는 학생의 입장에서 번거롭고 짜증나는 일이 될 수 있지만 반드시 참아야할 과정이라고 생각해주기 바란다.
교양으로서의 형법이라는 목적에 맞게 지엽적인 논의, 지나치게 이론적인 논의, 소수학설의 입장은 생략하고, 기본적인 논의, 중요한 법리, 일반적인 입장을 위주로 이야기하였다.
이 책은 위와 같은 수업을 진행하기 위한 교재로 펴낸 것이다. 정말 미흡하지만 앞으로 형법의 투입에 있어 그 적정성, 효용성 등을 한 번 더 신중히 고민하는 지혜를 이야기하고 싶은 필자의 생각이 전해지길 기대한다.
2021. 3. 28.
저자 씀


Information Provided By: : Aladin

Author Introduction

구길모(지은이)

·고려대학교 법과대학 졸업 ·고려대학교 대학원 법학과 졸업(법학석사) ·고려대학교 대학원 법학과 졸업(법학박사) ·University of British Columbia Visiting Scholar ·제44회 사법시험 합격, 사법연수원 37기 수료 ·미래에셋증권 변호사 ·변호사시험위원 ·(현재) 충남대학교 법학전문대학원 교수(형법 및 형사소송법 담당) 주요 저서 ·형사법 사례형·기록형(공저, 2017) ·광고판례백선(공저, 2019) ·인공지능과 법(공저, 2019)

Information Provided By: : Aladin

Table of Contents

1편 개인적 법익에 대한 죄
1장 생명과 신체에 대한 죄
제1절 살인의 죄 ······················································································ 10
제2절 상해의 죄 ······················································································ 50
제3절 폭행의 죄 ······················································································ 57
제4절 과실치사상의 죄 ············································································ 66
제5절 낙태의 죄 ······················································································ 85
제6절 유기와 학대의 죄 ··········································································· 95
2장 자유에 대한 죄
제1절 협박의 죄 ···················································································· 113
제2절 강요의 죄 ···················································································· 116
제3절 체포와 감금의 죄 ········································································· 120
제4절 약취·유인의 죄 및 인신매매의 죄 ··············································· 138
제5절 강간과 추행의 죄 ········································································· 146
3장 명예와 신용ㆍ업무에 대한 죄
제1절 명예에 관한 죄 ············································································ 182
제2절 신용·업무와 경매에 관한 죄 ······················································· 205
4장 사생활의 평온에 대한 죄
제1절 비밀침해의 죄 ············································································· 224
제2절 주거침입의 죄 ············································································· 232
5장 재산에 대한 죄
제1절 절도의 죄 ···················································································· 242
제2절 강도의 죄 ···················································································· 264
제3절 사기의 죄 ···················································································· 275
제4절 공갈의 죄 ···················································································· 301
제5절 횡령의 죄 ···················································································· 309
제6절 배임의 죄 ···················································································· 319
제7절 장물의 죄 ···················································································· 343
제8절 손괴의 죄 ···················································································· 352
제9절 권리행사방해의 죄 ······································································· 359
2편 사회적 법익에 대한 죄
1장 공공의 안전과 평온에 대한 죄
제1절 공안을 해하는 죄 ········································································· 370
제2절 폭발물에 관한 죄 ········································································· 377
제3절 방화와 실화의 죄 ········································································· 380
제4절 일수와 수리에 관한 죄 ································································· 394
제5절 교통방해의 죄 ············································································· 399
2장 공중의 건강에 대한 죄
제1절 먹는 물에 관한 죄 ········································································ 407
제2절 아편에 관한 죄 ············································································ 410
3장 공공의 신용에 대한 죄
제1절 통화에 관한 죄 ············································································ 417
제2절 유가증권·우표와 인지에 관한 죄 ················································ 425
제3절 문서에 관한 죄 ············································································ 434
제4절 인장에 관한 죄 ············································································ 457
4장 사회적 도덕에 대한 죄
제1절 성풍속에 관한 죄 ········································································· 462
제2절 도박과 복표에 관한 죄 ································································· 476
제3절 신앙에 관한 죄 ············································································ 484
3편 국가적 법익에 대한 죄
1장 국가의 존립과 권위에 대한 죄
제1절 내란의 죄 ···················································································· 490
제2절 외환의 죄 ···················································································· 497
제3절 국기에 관한 죄 ············································································ 503
제4절 국교에 관한 죄 ············································································ 504
2장 국가의 기능에 대한 죄
제1절 공무원의 직무에 관한 죄 ····························································· 509
제2절 공무방해에 관한 죄 ····································································· 533
제3절 도주와 범인은닉의 죄 ·································································· 551
제4절 위증과 증거인멸의 죄 ·································································· 558
제5절 무고의 죄 ···················································································· 568
제4편 부칙
부칙 ·······································································································576

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