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금년도의 최근 3년간(2018년 ~ 2021년) 형법판례 교재에는 2018년부터 2021년 8월 10일까지 대법원에서 공개한 판례를 모두 정리하였다. 교재의 제목은 최근 3년간 형법판례로 되어 있지만 2012년부터 2017년까지의 판례 중 출제가능성이 높은 중요판례를 선별하여 실었으므로 본교재를 잘 정리한 수험생이라면 10년 정도의 중요판례를 공부한 효과를 거둘 수 있을 것이다.

금년도의 최근 년간 년 년 형법판례 교재에는 년부터 년 월 3 (2018 ~ 2021 ) 2018 2021 8 10
일까지 대법원에서 공개한 판례를 모두 정리하였다 교재의 제목은 최근 년간 형법판 . 3
례로 되어 있지만 년부터 년까지의 판례 중 출제가능성이 높은 중요판례를 선 2012 2017
별하여 실었으므로 본교재를 잘 정리한 수험생이라면 년 정도의 중요판례를 공부한 10
효과를 거둘 수 있을 것이다.
- 3 - 최근 판례 특히 최근 년간 판례 가 시험에 자주 출제된다는 것은 수험생 누구나
잘 알고 있는 사실이다 본서의 독자들이 시험 전까지 반드시 최근판례를 정리하여 좋 .
은 성적을 얻기를 기원한다.
2021 8 10 년 월 일
저자 이 용 배
[3 ] 최근 년간 형법판례만을 선별한 이유
1 저자가 매년도 기출문제를 분석해 본 결과 시험 직전의 년간의 판례는 당해 연
도 시험에 가장 많이 출제된 후 차년도 또는 차차 연도에 출제되어 왔으며 년이 3
지난 후에는 특히 중요한 판례를 제외하고는 거의 최근판례의 효용성이 다하여져
출제빈도수가 확연하게 떨어진다는 것을 확인할 수 있었다 이러한 분석을 바탕으 .
로 최근 년간의 판례를 수험생이 충분히 대비할 수 있도록 하기 위함이다 3 .
[3 ] 최근 년간 형법판례 교재의 특징
(1) 3 (2018 2021) 2012 ~ 2017 최근 년간의 판례 의 범주에 속하지 않는 년 년도의 -
판례 중에서 출제가능성이 높은 대법원 전원합의체 판결과 일부 중요판례를
선별 정리하여 수험효율성을 제고하였다.
(2) 판결요지 중에서도 시험과 전혀 무관한 부분을 가능한 한 삭제하여 독자들로
하여금 시간을 절약하고 효율적으로 공부할 수 있도록 하였다.
(3) 3 위와 같은 작업을 통하여 매년 상하반기 판례집 권의 총합보다는 그 분량을
획기적으로 줄였다 따라서 매년도의 상하반기 판례집 권을 별도로 공부하는 . 3
것보다는 최근 년간 형법판례 교재를 공부하는 것이 보다 수험 효율적이 ‘ 3 ’
될 것이라고 확신한다

형법 총론
죄형법정주의 ·················································································································································· 01
형법의 적용범위 ············································································································································ 07
행위의 주체 ····················································································································································· 10
부작위범 ························································································································································· 11
인과관계와 객관적 귀속 ································································································································ 15
구성요건적 고의 ············································································································································ 16
과실범 ···························································································································································· 17
결과적 가중범 ················································································································································ 19
위법성론 ························································································································································· 20
책임론 ···························································································································································· 22
미수론 ···························································································································································· 24
공범론 ···························································································································································· 29
죄수론 ···························································································································································· 34
형벌론 ···························································································································································· 47
형법 각론
[ ] 개인적 법익에 관한 죄
상해와 폭행의 죄 ·········································································································································· 51
유기와 학대의 죄 ·········································································································································· 53
업무상과실치사상죄 ······································································································································· 54
협박죄 ···························································································································································· 55
체포와 감금의 죄 ·········································································································································· 55
강요죄 ···························································································································································· 57
약취와 유인의 죄 ·········································································································································· 58
강간과 추행의 죄 ·········································································································································· 59
명예에 관한 죄 ·············································································································································· 71
신용 업무와 경매에 관한 죄 ㆍ ······················································································································· 81
주거침입죄 ····················································································································································· 84
절도의 죄 ······················································································································································· 87
강도의 죄 ······················································································································································· 93
사기의 죄 ······················································································································································· 93
공갈의 죄 ····················································································································································· 116
횡령의 죄 ····················································································································································· 117
배임의 죄 ····················································································································································· 126
장물의 죄 ····················································································································································· 151
손괴의 죄 ····················································································································································· 152
귄리행사를 방해하는 죄 ······························································································································ 155
차 례 최근 년간 형법판례 3 (2018~2021)
[ ] 사회적 법익에 관한 죄
범죄단체조직죄 ············································································································································ 159
방화와 실화의 죄 ········································································································································ 159
교통방해의 죄 ·············································································································································· 160
통화에 관한 죄 ············································································································································ 162
유가증권 인지와 우표에 관한 죄 ㆍ ············································································································· 162
문서에 관한 죄 ············································································································································ 163
성풍속에 관한 죄 ········································································································································ 180
[ ] 국가적 법익에 관한 죄
공무원의 직무에 관한 죄 ···························································································································· 181
공무방해에 관한 죄 ····································································································································· 196
범인은닉죄 ····················································································································································· 202
위증과 증거인멸의 죄 ································································································································· 203
무고의 죄 ····················································································································································· 207
판례색인 ······················································································································································ 211
최근 년간 형법판례 3 (2018~2021