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『형법 신호진 핵심기출 1000제(2021)』은 〈형법의 기본개념〉, 〈죄형법정주의〉, 〈형법의 시간적 적용범위〉, 〈형법의 장소적 적용범위〉, 〈형법의 인적 적용범위〉, 〈범죄의 의의와 종류〉 등을 수록하고 있는 책이다.

- 핵심기출 1000제의 특징 -

“핵심기출 1000제”는 여러 기출문제들을 ○×형태의 문제로 재정리하였다는 점에서 수많은 실력 있는 독자들로부터 사랑을 받아왔다. 이에 2019년 개정판에서는 구판이 가졌던 미비점을 철저하게 보완함으로써 보다 완벽한 객관식 정리서 내지 기본서가 되도록 많은 정성을 기울였다.
2019년 개정판의 특징을 설명하면 다음과 같다.

??핵심 NOTE
모든 공부에 있어서 가장 기본이 되는 것은 “기본개념”이다. 기본개념에 대한 정리 없이 무턱대고 문제만 푸는 것은 “모래 위에 성을 쌓는 것”과 같다. 이에 2019 개정판에서는 본격적으로 기출지문을 다루기 전에 중요한 기본개념과 이론들을 정리할 수 있도록 “핵심 NOTE”란을 신설하였다. 여기서 정리된 내용들은 본격적 실력향상을 위한 튼튼한 기초와 뼈대가 될 것이다.
??기출지문정리
“기출지문정리”에서는 경찰, 검찰, 법원, 변시, 사시 등의 최근 기출문제를 지문별로 분해하여 기본서의 목차와 내용의 순서에 따라 배열한 후 다시 세부적인 논점별로 묶어서 하나의 ○×형 문제로 재구성하였다. 이에 의해서 객관식 문제로 공부할 때의 산만함을 극복하고 기본서를 보는 것처럼 체계적이고 정리된 실력을 갖출 수 있을 것이다.
2019년 개정판에서는 논점별 기출지문 정리를 더욱 체계화·세분화하였는데, 예를 들어 “결과적 가중범”의 경우에는 ‘책임주의’, ‘종류’, ‘성립요건’, ‘공범’, ‘미수’ 등으로 내용을 세분화하여 관련된 기출지문들을 하나의 문제로 통합정리하였다. 이를 통해서 유사하지만 다른 것들의 차이점을 명확하게 파악할 수 있을 것이고, 산만한 지식이 아니라 체계적으로 정리된 실력을 기를 수 있을 것이다.
이 “기출지문정리”의 기본적인 원고는 2018년 12월 초에 완성되었는데, 이것이 실전에 어느 정도 효율적인가를 확인하기 위해서 가장 최근에 치러진 2018.12.22. 일반경찰문제와 2019.1.12. 경찰승진문제를 분석해 보았다. 그 결과 모두 95%라는 놀라운 적중률을 보였다. 나아가 본서 이외에 다양한 기출문제를 원래의 형태 그대로 풀어보고 싶은 독자는 본서의 자매서인 “객관식 총정리”를 활용하면 좋을 것이다.

아무쪼록 본서를 잘 활용하여 승리의 월계관을 쓰기를 기원하면서…

2019. 1. 25. 법학박사 신 호 진

- 본서를 통한 실력향상 방법 -

① 제1단계?자신의 실력 점검 및 향상
1) “기출지문정리”는 단순한 객관식 문제가 아니라 중요한 기출지문들을 기본서의 목차순으로 재배열·재구성한 것이므로 실제로는 기본서 또는 그에 대한 SUB-NOTE와 동일한 기능을 한다. 따라서 “기출지문정리”를 풀 때에는 각 지문별로 정확하게 아는 내용인지 아닌지를 체크해야 한다(예를 들어, 중요한 것은 ☆, 틀린 것은 ?, 애매하게 아는 것은 △ 등).
2) 그리고 본서에서는 문제에 대한 해설은 가급적 상세하게 하였으므로 해설을 읽을 때에는 기본서를 정독하듯이 해야 하고, 역시 중요한 부분에 대해서는 나름대로 Underline을 하거나 표시를 해 두어야 한다.
3) 만약에 해설만으로 이해가 안 갈 경우에는 반드시 기본서를 찾아서 관련된 부분을 정독해서 완벽하게 이해를 해야 한다(※ 이 때 기본서로서는 “형법요론”이나 “MASTER형법”을 추천한다).

② 제2단계?반복을 통한 철저한 암기
제1단계를 통해서 이해 위주로 공부함으로써 실력이 비약적으로 향상되었을 뿐만 아니라, 내가 아는 부분과 잘 모르는 부분도 명확하게 드러났다. 중요한 부분, 잘 모르는 부분들이 결국은 실제 시험에서 나의 점수를 좌우한다. 그러므로 이제부터는 체크된 부분을 철저하게 암기하는 것이 중요하다. 암기는 반복을 통해서 이루어진다.

※ 기출표시 약어
경승?경찰승진, 경간?경찰간부, 경찰?일반경찰
해경?해양경찰, 해승?해경승진, 해간?해양경찰간부
검찰(9)?검찰9급, 검찰(7)?검찰7급, 검찰(전)?검찰전직시험
변시?변호사시험, 사시?사법시험, 법원?법원9급, 법행?법원행시

[형 법 총 론]
1. 형법의 기본개념 ································································································ 3
2. 죄형법정주의 ····································································································· 5
3. 형법의 시간적 적용범위 ·····················································································38
4. 형법의 장소적 적용범위 ···················································································· 52
5. 형법의 인적 적용범위 ······················································································· 63
6. 범죄의 의의와 종류 ·························································································· 65
7. 행위의 주체와 객체 ·························································································· 77
8. 구성요건의 일반이론 ························································································ 85
9. 결과반가치와 행위반가치 ·················································································· 89
10. 부작위범 ······································································································· 91
11. 인과관계와 객관적 귀속 ················································································ 108
12. 구성요건적 고의 ··························································································· 120
13. 구성요건적 착오 ··························································································· 130
14. 과실범 ········································································································ 145
15. 결과적 가중범 ······························································································ 163
16. 위법성의 일반이론 ························································································ 179
17. 정당방위 ····································································································· 186
18. 긴급피난 ····································································································· 200
19. 자구행위 ····································································································· 211
20. 피해자의 승낙 ······························································································ 215
21. 정당행위 ····································································································· 225
22. 책임의 일반이론 ··························································································· 246
23. 책임능력 ····································································································· 253
24. 위법성의 인식과 금지착오 ············································································· 269
25. 기대가능성 ·································································································· 294
26. 미수범의 일반이론 ························································································ 304
27. 장애미수 ····································································································· 307
28. 중지미수 ····································································································· 314
29. 불능미수 ····································································································· 326
30. 예비죄 ········································································································ 337
31. 정범·공범의 일반이론 ···················································································· 344
32. 간접정범 ····································································································· 359
33. 공동정범 ····································································································· 367
34. 교사범 ········································································································ 390
35. 종 범 ·········································································································· 402
36. 공범과 신분 ································································································· 411
37. 죄수의 일반이론 ··························································································· 423
38. 일 죄 ·········································································································· 427
39. 수 죄 ·········································································································· 444
40. 형벌의 종류 ································································································· 461
41. 형의 양정 ···································································································· 472
42. 누 범 ·········································································································· 483
43. 집행유예·선고유예·가석방 ·············································································· 491
44. 형의 시효·소멸·기간 ······················································································ 507
45. 보안처분 ····································································································· 511

[형 법 각 론]
1. 살인의 죄 ····································································································· 515
2. 상해와 폭행의 죄 ··························································································· 524
3. 과실치사상의 죄 ···························································································· 541
4. 낙태의 죄 ····································································································· 553
5. 유기와 학대의 죄 ··························································································· 556
6. 협박의 죄 ····································································································· 562
7. 강요의 죄 ····································································································· 570
8. 체포와 감금의 죄 ··························································································· 575
9. 약취·유인 및 인신매매의 죄 ············································································ 581
10. 강간과 추행의 죄 ························································································· 589
11. 명예에 관한 죄 ···························································································· 614
12. 신용·업무·경매에 관한 죄 ·············································································· 643
13. 비밀침해의 죄 ······························································································ 667
14. 주거침입의 죄 ······························································································ 669
15. 재산죄의 기본개념 ························································································ 683
16. 절도의 죄 ···································································································· 706
17. 강도의 죄 ···································································································· 721
18. 사기의 죄 ···································································································· 741
19. 공갈의 죄 ···································································································· 795
20. 횡령의 죄 ···································································································· 802
21. 배임의 죄 ···································································································· 846
22. 장물의 죄 ···································································································· 884
23. 손괴의 죄 ···································································································· 900
24. 권리행사를 방해하는 죄 ················································································ 908
25. 공안을 해하는 죄 ························································································· 925
26. 폭발물에 관한 죄 ························································································· 929
27. 방화와 실화의 죄 ························································································· 931
28. 일수와 수리에 관한 죄 ·················································································· 940
29. 교통방해의 죄 ······························································································ 941
30. 통화에 관한 죄 ···························································································· 948
31. 유가증권·인지·우표에 관한 죄 ········································································ 953
32. 문서에 관한 죄 ···························································································· 962
33. 인장에 관한 죄 ·························································································· 1011
34. 음용수에 관한 죄 ······················································································· 1014
35. 아편에 관한 죄 ·························································································· 1016
36. 성풍속에 관한 죄 ······················································································· 1018
37. 도박과 복표에 관한 죄 ················································································ 1023
38. 신앙에 관한 죄 ·························································································· 1028
39. 내란의 죄 ·································································································· 1031
40. 외환의 죄 ·································································································· 1034
41. 국기에 관한 죄 ·························································································· 1037
42. 국교에 관한 죄 ·························································································· 1038
43. 공무원의 직무에 관한 죄 ············································································· 1040
44. 공무방해에 관한 죄 ···················································································· 1090
45. 도주와 범인은닉의 죄 ················································································· 1119
46. 위증과 증거인멸의 죄 ················································································· 1130
47. 무고의 죄 ·································································································· 1145

〈 서 문 〉

- 2021년판 “핵심기출 1000제”에 대하여 -

2020년판은 2020년에 치러졌던 경찰간부, 경찰승진, 일반경찰, 법원, 검찰직 등 여러 시험에서도 역시 98% 이상의 적중률을 보였는데, 2021년판에서는 거의 100%의 적중률을 목표로 상당한 보완작업을 하였다. 그 내용은 다음과 같다.

1. 2020년 최신 기출문제의 추가·보완
2021년판에서는 2020년에 시행되었던 경찰간부, 경찰승진, 일반경찰, 형사법능력평가, 법학경쟁채용, 해양경찰, 해양경찰간부, 해양경찰승진, 법원, 검찰직 시험 등에서 출제되었던 내용들을 새롭게 추가·보완하였다. 그리고 “기출지문을 통한 기출문제의 체계적 정리”라는 본서의 취지에 맞도록 기출지문의 체계적 배열에 더욱 공을 들였다.

2. 미기출 3년간 최신판례 추가
2021년판에서는 이미 출제되었던 기출문제뿐만 아니라, 아직까지 출제되지는 않았지만 출제가능성이 매우 높은 3년간 최신판례의 내용까지 추가하였다(〈최신판례〉로 표시, 2020년 12월 판례공보까지 반영). 이로써 기출문제만으로 공부할 경우에 발생하는 허점 내지 사각지대를 완벽하게 보완할 수 있도록 하였다. 실제로 추가된 최신판례들은 2020년 시험에서대부분 적중하였다.

3. 고득점을 위한 또 하나의 중요한 보완
경찰, 검찰, 법원 관련 시험문제들을 분석해 보면 예전에는 사법시험의 영향을 강하게 받았는데, 지금은 변호사시험의 영향을 많이 받고 있음이 분명하게 감지된다. 이에 2021년판에서는 종래의 사법시험문제 뿐만 아니라, 최근의 변호사시험문제를 모두 반영함으로써 변화하는 출제경향에 적극적으로 대비할 수 있도록 하였다. 다만 난이도가 매우 높은 내용들에 대해서는 〈심화〉라고 표시를 하여 선택적으로 공부할 수 있도록 하였다.

아무쪼록 본서를 잘 활용하여 승리의 월계관을 쓰기를 기원하면서…

2021. 1. 4.
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