추가 적립 안내

2022년 1월부터 6월까지 사이에 치러진 여러 국가시험 중에서 형법 문제를 기본서의 순서에 맞추어 체계적으로 정리하고 해설을 붙인 자료이다. 최신 기출문제를 통해서 수험생들은 가장 최근의 출제경향을 파악하고 그에 대한 적절한 대비를 할 수 있으며, 출제된 최신판례문제를 통해서 어떤 판례가 중요한지를 파악할 수 있다. 그리고 가장 중요한 것은 시험 직전의 총정리 자료로 활용할 수 있다.

- 형 법 총 론 -
1. 죄형법정주의 ····································································································· 3
2. 형법의 시간적 적용범위 ···················································································· 10
3. 형법의 장소적 적용범위 ···················································································· 15
4. 범죄의 의의·종류 ····························································································· 16
5. 행위의 주체와 객체 ·························································································· 18
6. 부작위범 ········································································································· 23
7. 인과관계와 객관적 귀속 ···················································································· 26
8. 구성요건적 고의 ······························································································ 32
9. 구성요건적 착오 ······························································································ 37
10. 과실범 ·········································································································· 40
11. 결과적 가중범 ······························································································· 45
12. 위법성의 일반이론 ························································································· 47
13. 정당방위 ······································································································· 48
14. 긴급피난 ······································································································· 50
15. 자구행위 ······································································································· 52
16. 피해자의 승낙 ······························································································· 54
17. 정당행위 ······································································································· 56
18. 책임능력 ······································································································· 59
19. 위법성의 인식과 금지착오 ··············································································· 64
20. 기대가능성 ···································································································· 72
21. 미수범의 일반이론 ························································································· 74
22. 장애미수 ······································································································· 76
23. 중지미수 ······································································································· 79
24. 불능미수 ······································································································· 81
25. 예비죄 ·········································································································· 83
26. 정범·공범의 일반이론 ····················································································· 86
27. 간접정범 ······································································································· 88
28. 공동정범 ······································································································· 90
29. 교사범 ·········································································································· 97
30. 종 범 ·········································································································· 100
31. 공범과 신분 ································································································· 102
32. 일 죄 ·········································································································· 106
33. 수 죄 ·········································································································· 112
34. 형벌의 종류 ································································································· 119
35. 형의 양정 ···································································································· 121
36. 누 범 ·········································································································· 122
37. 집행유예·선고유예·가석방 ·············································································· 124

- 형 법 각 론 -
1. 살인의 죄 ····································································································· 131
2. 상해와 폭행의 죄 ··························································································· 133
3. 유기와 학대의 죄 ··························································································· 137
4. 협박의 죄 ····································································································· 140
5. 강요의 죄 ····································································································· 141
6. 체포와 감금의 죄 ··························································································· 142
7. 강간과 추행의 죄 ··························································································· 143
8. 명예에 관한 죄 ······························································································ 150
9. 신용·업무와 경매에 관한 죄 ············································································ 157
10. 주거침입의 죄 ······························································································ 162
11. 재산죄의 기본개념 ························································································ 168
12. 절도의 죄 ···································································································· 174
13. 강도의 죄 ···································································································· 177
14. 사기의 죄 ···································································································· 180
15. 공갈의 죄 ···································································································· 186
16. 횡령의 죄 ···································································································· 190
17. 배임의 죄 ···································································································· 196
18. 장물의 죄 ···································································································· 205
19. 손괴의 죄 ···································································································· 209
20. 권리행사를 방해하는 죄 ················································································ 210
21. 공안을 해하는 죄 ························································································· 214
22. 방화와 실화의 죄 ························································································· 216
23. 교통방해의 죄 ······························································································ 220
24. 문서에 관한 죄 ···························································································· 225
25. 도박과 복표에 관한 죄 ·················································································· 234
26. 신앙에 관한 죄 ···························································································· 238
27. 공무원의 직무에 관한 죄 ··············································································· 239
28. 공무방해에 관한 죄 ······················································································ 252
29. 도주와 범인은닉의 죄 ··················································································· 258
30. 위증과 증거인멸의 죄 ··················································································· 260
31. 무고의 죄 ···································································································· 264

- 수사와 증거 -
1. 수사의 기본개념 ···························································································· 271
2. 수사의 개시 ·································································································· 277
3. 수사의 방법 ·································································································· 292
4. 대인적 강제수사 ···························································································· 305
5. 대물적 강제수사 ···························································································· 325
6. 수사상의 증거보전 ························································································· 345
7. 수사의 종결 ·································································································· 347
8. 증명의 기본원칙 ···························································································· 355
9. 위법수집증거배제법칙 ····················································································· 360
10. 자백배제법칙 ······························································································· 370
11. 전문법칙 ····································································································· 373
12. 당사자의 동의와 증거능력 ············································································· 390
13. 자백보강법칙 ······························································································· 394
14. 공판조서의 증명력 ························································································ 399

〈 서 문 〉

- 2022년 상반기 최신기출문제 -

본서는 2022년 1월부터 6월까지 사이에 치러진 여러 국가시험 중에서 형법 문제를 기본서의 순서에 맞추어 체계적으로 정리하고 해설을 붙인 자료이다.

최신 기출문제를 통해서 수험생들은 가장 최근의 출제경향을 파악하고 그에 대한 적절한 대비를 할 수 있으며, 출제된 최신판례문제를 통해서 어떤 판례가 중요한지를 파악할 수 있다. 그리고 가장 중요한 것은 시험 직전의 총정리 자료로 활용할 수 있다는 점이다.

형법과 형사소송법이 “형사법”으로 통합된 시험에서는 1개의 문제에 형법과 형사소송법이 모두 포함된 “복합형” 문제가 출제되는데, 그런 문제들은 “형사소송법” 편에 배치하였다. 복합형 문제는 변호사시험에서는 10문제 정도 출제되고, 올해 치러진 일반경찰 시험에서도 1문제가 출제되었는데, 7월에 치러질 경찰간부시험에서도 다수 출제될 것이 예상된다.

본서의 효율적 활용으로 합격의 영광을 안기를 기원하면서…

2022년 6월 8일
법학박사 신 호 진