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‘최단기 최종정리’에 대해서…

첫째, 출제가 집중되는 중요부분 총정리
시험일이 근접한 시점에서 가장 효율적인 공부방법은 중요부분을 중심으로 신속하게 정리를 하는 것이다. 중요부분이란 출제가 자주 되는 부분일 것이다. 이에 본서는 변호사시험, 경찰·검찰·법원 관련 시험의 기출문제에 대한 치밀한 분석을 기초로 출제가 자주 되는 중요부분들을 선택하여 기본서의 체계에 따라 정리를 하였으므로 최종정리를 하는데 최적의 교재가 될 것이다. 중요도는 출제가능성을 고려하여 별표로 표시하였다(★, ★★, ★★★).

둘째, 출제 가능한 최신판례 추가
기출문제만 가지고 공부를 할 경우에는 ‘사각지대’가 발생한다는 문제점이 있다. 그 사각지대란 바로 아직 출제될 시간이 없었던 최신판례이다. 이에 본서에서는 최근 3년간의 판례 중에서 아직 출제되지는 않았지만 출제가능성이 높은 판례들도 같이 정리함으로써 보다 완벽한 최종정리가 될 수 있도록 하였다(〈최신〉이라고 표시). 2020~2021년에는 종래의 입장을 변경한 대법원 ‘전원합의체 판결’들이 많이 나왔는데, 이들도 모두 반영하였다. 최신판례는 2021년 8월 판례공보까지 반영하였다.

셋째, 2021.12.9.부터 시행되는 개정형법 반영
2021.12.9.부터 시행되는 개정형법은 내용상의 변경은 거의 없고 단지 일부 어려운 한자어를 보다 알기 쉽게 풀어놓은 것에 불과하다(예; 농아자→청각 및 언어 장애인). 그러나 기존의 판례는 개정 전의 형법에 따른 표현을 사용하므로 개정 전의 표현도 알 필요가 있기 때문에 크게 변경된 개정형법의 표현은 괄호 안에 표시하였다.

넷째, 시험 직전 하루에 정리할 수 있도록 준비해야…
본서를 볼 때에는 정답과 해설을 가린 상태에서 개별적인 지문을 정독해서 틀린 것이나 잘 모르는 것에 대해서는 “?” 표시를 해야 한다. “?”된 부분들이 바로 취약부분이고 고득점을 가로막는 장애물이다. 그러므로 시험 직전에는 “?”된 부분을 중심으로 속독으로 1일 만에 정리하는 것이 매우 중요하다. 시험 직전에 본 것일수록 시험장에서 생각이 잘 난다.

1. 살인의 죄 ········································································································· 3
2. 상해와 폭행의 죄 ······························································································ 8
3. 과실치사상의 죄 ······························································································ 16
4. 낙태의 죄 ······································································································· 22
5. 유기와 학대의 죄 ····························································································· 24
6. 협박의 죄 ······································································································· 28
7. 강요의 죄 ······································································································· 33
8. 체포와 감금의 죄 ····························································································· 36
9. 약취·유인 및 인신매매의 죄 ·············································································· 39
10. 강간과 추행의 죄 ··························································································· 43
11. 명예에 관한 죄 ······························································································ 57
12. 신용·업무·경매에 관한 죄 ················································································ 72
13. 비밀침해의 죄 ······························································································· 84
14. 주거침입의 죄 ······························································································· 86
15. 재산죄의 기본개념 ························································································· 94
16. 절도의 죄 ···································································································· 107
17. 강도의 죄 ···································································································· 116
18. 사기의 죄 ···································································································· 127
19. 공갈의 죄 ···································································································· 155
20. 횡령의 죄 ···································································································· 159
21. 배임의 죄 ···································································································· 178
22. 장물의 죄 ···································································································· 198
23. 손괴의 죄 ···································································································· 206
24. 권리행사를 방해하는 죄 ················································································ 209
25. 공안을 해하는 죄 ························································································· 218
26. 폭발물에 관한 죄 ························································································· 220
27. 방화와 실화의 죄 ························································································· 221
28. 일수와 수리에 관한 죄 ·················································································· 225
29. 교통방해의 죄 ······························································································ 226
30. 통화에 관한 죄 ···························································································· 231
31. 유가증권·인지·우표에 관한 죄 ········································································ 234
32. 문서에 관한 죄 ···························································································· 238
33. 인장에 관한 죄 ···························································································· 263
34. 음용수에 관한 죄 ························································································· 265
35. 아편에 관한 죄 ···························································································· 267
36. 성풍속에 관한 죄 ························································································· 268
37. 도박과 복표에 관한 죄 ·················································································· 271
38. 신앙에 관한 죄 ···························································································· 275
39. 내란의 죄 ···································································································· 277
40. 외환의 죄 ···································································································· 279
41. 국기에 관한 죄 ···························································································· 281
42. 국교에 관한 죄 ···························································································· 282
43. 공무원의 직무에 관한 죄 ··············································································· 284
44. 공무방해에 관한 죄 ······················································································ 311
45. 도주와 범인은닉의 죄 ··················································································· 326
46. 위증과 증거인멸의 죄 ··················································································· 332
47. 무고의 죄 ···································································································· 340

〈 서 문 〉
‘최단기 최종정리’에 대해서…

첫째, 출제가 집중되는 중요부분 총정리
시험일이 근접한 시점에서 가장 효율적인 공부방법은 중요부분을 중심으로 신속하게 정리를 하는 것이다. 중요부분이란 출제가 자주 되는 부분일 것이다. 이에 본서는 변호사시험, 경찰·검찰·법원 관련 시험의 기출문제에 대한 치밀한 분석을 기초로 출제가 자주 되는 중요부분들을 선택하여 기본서의 체계에 따라 정리를 하였으므로 최종정리를 하는데 최적의 교재가 될 것이다. 중요도는 출제가능성을 고려하여 별표로 표시하였다(★, ★★, ★★★).

둘째, 출제 가능한 최신판례 추가
기출문제만 가지고 공부를 할 경우에는 ‘사각지대’가 발생한다는 문제점이 있다. 그 사각지대란 바로 아직 출제될 시간이 없었던 최신판례이다. 이에 본서에서는 최근 3년간의 판례 중에서 아직 출제되지는 않았지만 출제가능성이 높은 판례들도 같이 정리함으로써 보다 완벽한 최종정리가 될 수 있도록 하였다(〈최신〉이라고 표시). 2020~2021년에는 종래의 입장을 변경한 대법원 ‘전원합의체 판결’들이 많이 나왔는데, 이들도 모두 반영하였다. 최신판례는 2021년 8월 판례공보까지 반영하였다.

셋째, 2021.12.9.부터 시행되는 개정형법 반영
2021.12.9.부터 시행되는 개정형법은 내용상의 변경은 거의 없고 단지 일부 어려운 한자어를 보다 알기 쉽게 풀어놓은 것에 불과하다(예; 농아자→청각 및 언어 장애인). 그러나 기존의 판례는 개정 전의 형법에 따른 표현을 사용하므로 개정 전의 표현도 알 필요가 있기 때문에 크게 변경된 개정형법의 표현은 괄호 안에 표시하였다.

넷째, 시험 직전 하루에 정리할 수 있도록 준비해야…
본서를 볼 때에는 정답과 해설을 가린 상태에서 개별적인 지문을 정독해서 틀린 것이나 잘 모르는 것에 대해서는 “?” 표시를 해야 한다. “?”된 부분들이 바로 취약부분이고 고득점을 가로막는 장애물이다. 그러므로 시험 직전에는 “?”된 부분을 중심으로 속독으로 1일 만에 정리하는 것이 매우 중요하다. 시험 직전에 본 것일수록 시험장에서 생각이 잘 난다.

2021년 9월 1일
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