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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. 해설 부분이 별개의 지문으로 출제될 가능성도 매우 크다는 것을 놓치면 안 된다.
3) 만약에 해설만으로 이해가 안 갈 경우에는 반드시 기본서를 찾아서 관련된 부분을 정독해서 완벽하게 이해를 해야 한다. 이 때 기본서로서는 “형법요론”을 권한다.

② 제2단계?반복을 통한 철저한 암기
제1단계를 통해서 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.

※ 기출처 표시 방법 ※
1. 변호사시험은 2012년 문제부터 2020년 문제까지 수록하였고, “변시”로 표시하였다.
2. 사법시험은 2000년 문제부터 2017년 문제까지 수록하였고, “사시”로 표시하였다.
3. 대힉교수가 출제위원으로 참여하는 등 비교적 수준 높은 국가시험(검찰, 법원, 경찰간부)은 기출 여부를 별도로 표시하였고, 그 이외의 시험들은 종합해서 1~2회 출제된 것은 별표 1개(★), 3~4회 출제된 것은 별표 2개(★★), 그리고 5회 이상 출제된 것은 별표 3개(★★★)로 표시하였다.

▶ 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 ··················································································· 178
▶ 17. 정당방위 ································································································· 185
▶ 18. 긴급피난 ································································································· 199
▶ 19. 자구행위 ································································································· 210
▶ 20. 피해자의 승낙 ························································································· 214
▶ 21. 정당행위 ································································································· 224
▶ 22. 책임의 일반이론 ······················································································ 245
▶ 23. 책임능력 ································································································· 252
▶ 24. 위법성의 인식과 금지착오 ········································································· 268
▶ 25. 기대가능성 ······························································································ 293
▶ 26. 미수범의 일반이론 ··················································································· 303
▶ 27. 장애미수 ································································································· 306
▶ 28. 중지미수 ································································································· 313
▶ 29. 불능미수 ································································································· 325
▶ 30. 예비죄 ···································································································· 336
▶ 31. 정범·공범의 일반이론 ··············································································· 343
▶ 32. 간접정범 ································································································· 358
▶ 33. 공동정범 ································································································· 365
▶ 34. 교사범 ···································································································· 388
▶ 35. 종 범 ····································································································· 400
▶ 36. 공범과 신분 ···························································································· 409
▶ 37. 죄수의 일반이론 ······················································································ 421
▶ 38. 일 죄 ····································································································· 425
▶ 39. 수 죄 ····································································································· 442
▶ 40. 형벌의 종류 ···························································································· 459
▶ 41. 형의 양정 ······························································································· 470
▶ 42. 누 범 ····································································································· 481
▶ 43. 집행유예·선고유예·가석방 ·········································································· 489
▶ 44. 형의 시효·소멸·기간 ················································································· 505
▶ 45. 보안처분 ································································································· 509

〈 서문 〉

- ?선택형 총정리?의 특징 -

??기출지문의 체계적 총정리
“선택형 문제집”으로 공부할 경우의 문제점은 체계적인 정리가 매우 어렵다는 점이다.
예를 들어, 한 문제 안에 여러 파트의 지문들이 중구난방으로 들어있다 보니 단편적인 지식의 습득은 가능하지만, 그 지문이 형법 전체의 체계 안에서의 갖는 의미를 이해하기가 어렵다. 이에 본 ?선택형 총정리?에서는 중요시험의 기출문제의 지문을 기본서의 순서대로 재배열을 한 후 다시 동일한 논점들끼리 하나의 ○×문제로 재구성을 함으로써 기본서를 읽듯이 체계적으로 선택형 문제를 대비할 수 있도록 하였다.

??변시와 모의고사 기출문제로는 55%만 커버
변호사시험 준비생들은 학습범위가 방대하여 주로 “변호사시험 기출문제”와 “법전협 모의고사 기출문제”를 중심으로 선택형 문제를 대비하고 있다. 그런데 편저자는 그와 같은 기출문제들이 2019년 제8회 변호사시험의 형법 선택형 문제를 얼마나 커버할 수 있는지 분석을 해 보았다. 형법 관련 지문은 총 110개였는데, 그 중 위의 기출문제로 대비할 수 있는 지문은 총 60개에 불과했다. 비율로는 55%이다. 즉 45% 정도는 공부하지 않은 것들이 나왔다는 것이고, 형사소송법도 비율이 비슷할 것으로 가정할 때 기출문제만으로 준비를 한 학생이 맞을 수 있는 형사법 점수의 최대한은 55점에 불과하다. 이에 본 ?선택형 총정리?에서는 “사법시험”뿐만 아니라 “검찰”, “법원”, “경찰” 등 중요 국가시험에서 자주 출제된 중요 내용들로 부족한 부분들을 보충함으로써 커버하는 범위를 98% 이상으로 끌어 올릴 수 있도록 하였다.

??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 본 ?선택형 총정리?에서는 본격적으로 기출지문을 다루기 전에 중요한 기본개념과 이론들을 정리할 수 있도록 “핵심 NOTE”란을 마련하였다. 여기서 정리된 내용들은 본격적 실력향상을 위한 튼튼한 기초와 뼈대가 될 것이다.
아무쪼록 본서를 잘 활용하여 승리의 월계관을 쓰기를 기원하면서…

2021. 2. 4.
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