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작년 1월에 출간된 제12판에 대한 독자 여러분의 과분한 호응에 힘입어 2020년 시험 대비 제13판을 내어 놓는다.

본 개정판에서는, 업무상 위력 등에 의한 간음죄 등의 법정형을 상향 조정한 2018.10.16. 개정형법(법률 제15793호)과 심신미약자에 대한 필요적 감경규정을 임의적 감경규정으로 개정한 2018.12.18. 개정형법(법률 제15982호)을 반영하였으며, 관련되는 최근 형사특별법의 개정사항도 반영하였다.

또한 최근에 내려진 헌법재판소의 사전영장을 받기 어려운 긴급성을 요건으로 정하지 않은 형사소송법 제216조 제1항 제1호는 영장주의에 위반되어 헌법에 합치되지 아니한다는 결정(헌법재판소 2018.4.26, 2015헌바370, 2016헌가7), 변호인의 피의자신문 참여권이 헌법상 기본권이라는 결정(헌법재판소 2017.11.30, 2016헌마503), 변호인 되려는 자의 피의자 등과의 접견교통권도 헌법상 기본권이라는 결정(헌법재판소 2019.2.28, 2015헌마1204), 통신비밀보호법상 소위 패킷감청 규정은 헌법에 합치되지 아니한다는 결정(헌법재판소 2018.8.30, 2016헌마263), 즉시항고 제기기간을 3일로 제한한 형사소송법 제405조는 헌법에 합치되지 아니한다는 결정(헌법재판소 2018.12.27, 2015헌바77, 2015헌마832) 등 최근 판례의 변화도 반영하였다.

이외에는 이전 판까지의 본서의 집필원칙을 준수하고자 하였다.

끝으로 제13판의 출간에도 열과 성을 쏟아 부어준 도서출판 박영사의 임직원님들에게 심심한 감사를 드린다.


2019년 4월

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법검단기⋅공단기 형법⋅형사소송법 대표교수 

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목차
PA R T 0 1 대한민국헌법
전문 ·················································································································· 002
제1장 총강 ········································································································· 003
제2장 국민의 권리와 의무 ··············································································· 007
제3장 국회 ········································································································· 019
제4장 정부 ········································································································· 028
제5장 법원 ········································································································· 039
제6장 헌법재판소 ····························································································· 042
제7장 선거관리 ································································································· 044
제8장 지방자치 ································································································· 045
제9장 경제 ········································································································· 046
제10장 헌법개정 ································································································· 048

PA R T 0 2 형법
제1편 총칙 ········································································································ 054
제1장 형법의 적용범위 ···················································································· 054
제2장 죄 ············································································································· 058
제3장 형 ············································································································· 074
제4장 기간 ········································································································· 087
제2편 각칙 ········································································································ 089
제1장 내란의 죄 ································································································ 089
제2장 외환의 죄 ································································································ 090
제3장 국기에 관한 죄 ······················································································· 093
제4장 국교에 관한 죄 ······················································································· 093
제5장 공안을 해하는 죄 ··················································································· 095
제6장 폭발물에 관한 죄 ··················································································· 096
제7장 공무원의 직무에 관한 죄 ······································································ 097
제8장 공무방해에 관한 죄 ··············································································· 100
제9장 도주와 범인은닉의 죄 ··········································································· 103
제10장 위증과 증거인멸의 죄 ··········································································· 104
제11장 무고의 죄 ································································································ 105
제12장 신앙에 관한 죄 ······················································································· 106
제13장 방화와 실화의 죄 ··················································································· 107
제14장 일수와 수리에 관한 죄 ·········································································· 111
제15장 교통방해의 죄 ························································································ 113
제16장 음용수에 관한 죄 ··················································································· 114
제17장 아편에 관한 죄 ······················································································· 115
제18장 통화에 관한 죄 ······················································································· 116
제19장 유가증권, 우표와 인지에 관한 죄 ························································ 118
제20장 문서에 관한 죄 ······················································································· 121
제21장 인장에 관한 죄 ······················································································· 125
제22장 성풍속에 관한 죄 ··················································································· 125
제23장 도박과 복표에 관한 죄 ·········································································· 126
제24장 살인의 죄 ································································································ 127
제25장 상해와 폭행의 죄 ··················································································· 129
제26장 과실치사상의 죄 ···················································································· 132
제27장 낙태의 죄 ································································································ 133
제28장 유기와 학대의 죄 ··················································································· 134
제29장 체포와 감금의 죄 ··················································································· 136
제30장 협박의 죄 ································································································ 137
제31장 약취, 유인 및 인신매매의 죄 ································································ 138
제32장 강간과 추행의 죄 ··················································································· 141
제33장 명예에 관한 죄 ······················································································· 143
제34장 신용, 업무와 경매에 관한 죄 ································································ 145
제35장 비밀침해의 죄 ························································································ 145
제36장 주거침입의 죄 ························································································ 146
제37장 권리행사를 방해하는 죄 ······································································· 147
제38장 절도와 강도의 죄 ··················································································· 150
제39장 사기와 공갈의 죄 ··················································································· 154
제40장 횡령과 배임의 죄 ··················································································· 157
제41장 장물에 관한 죄 ······················································································· 158
제42장 손괴의 죄 ································································································ 159

PA R T 0 3 형법 관련 부속 법령
1. 폭력행위 등 처벌에 관한 법률 ····································································· 164
2. 특정범죄 가중처벌 등에 관한 법률 ······························································ 167
3. 성폭력범죄의 처벌 등에 관한 특례법 ·························································· 174

PA R T 0 4 형사소송법
제1편 총칙 ········································································································ 192
제1장 법원의 관할 ···························································································· 193
제2장 법원직원의 제척, 기피, 회피 ································································ 198
제3장 소송행위의 대리와 보조 ······································································· 202
제4장 변호 ········································································································· 203
제5장 재판 ········································································································· 207
제6장 서류 ········································································································· 209
제7장 송달 ········································································································· 217
제8장 기간 ········································································································· 219
제9장 피고인의 소환, 구속 ·············································································· 219
제10장 압수와 수색 ···························································································· 232
제11장 검증 ········································································································· 239
제12장 증인신문 ································································································· 241
제13장 감정 ········································································································· 249
제14장 통역과 번역 ···························································································· 252
제15장 증거보전 ································································································· 253
제16장 소송비용 ································································································· 253
제2편 제1심 ····································································································· 258
제1장 수사 ········································································································· 258
제2장 공소 ········································································································· 286
제3장 공판 ········································································································· 295
제3편 상소········································································································· 336
제1장 통칙 ········································································································· 336
제2장 항소 ········································································································· 340
제3장 상고 ········································································································· 345
제4장 항고 ········································································································· 351
제4편 특별소송절차························································································ 356
제1장 재심 ········································································································· 356
제2장 비상상고 ································································································· 361
제3장 약식절차 ································································································· 363
제5편 재판의 집행 ························································································· 366

PA R T 0 5 형사소송법 관련 부속 법령
1. 형사소송규칙 ·································································································· 378
2. 소송촉진 등에 관한 특례법 ·········································································· 420
3. 소송촉진 등에 관한 특례규칙 ······································································· 427
4. 국민의 형사재판 참여에 관한 법률 ······························································ 430
5. 경찰관직무집행법 ·························································································· 439
6. 검사의 사법경찰관리에 대한 수사지휘 및 사법경찰관리의
수사준칙에 관한 규정 ··················································································· 445

부록
1. 형사법 최근 5개년 개정법령 주요 개정문 및 개정이유
2. 최근 2개년 대법원 전원합의체 판례 ― 형법․형사소송법

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