추가 적립 안내

법원직 기출문제를 중심으로 타직렬 최신기출문제를 보완하는 방식의 문제 구성이다. 최근 10개년의 법원직시험과 법원사무관승진시험을 기초로 문제를 구성하였다. 또한 최근 5년간의 법원행시문제를 모두 수록하였고 기타 출제가능한 변호사시험, 사법시험의 기출문제까지도 선별·수록하였다. 더하여 최근 1개년의 경찰채용, 경찰간부, 경찰승진, 국가직, 국가직 7급 시험을 수록하여 최신유행에 대비할 수 있도록 하였다.

1. 들어가며
본서의 제목 디케(Dike)는 정의의 여신으로서 법원의 상징조형물이기도 하다. 필자는 법원직
수험생들의 상징과도 같은 형법 교재를 집필하고 싶었기에 법원직 교재들에는 감히 「Dike」
라는 이름을 사용하게 되었다. 또한 모든 독자들이 정의의 여신과 함께 법원을 이끌 최고의
실무가가 되길 기원한다.
필자는 국가직, 경찰직, 변호사시험, 법원직 등 다양한 영역의 객관식 형법을 강의하면서 강
의가 매우 힘들다는 것을 느끼고 있다. 바로 법원직과 기타 유형의 출제가 전혀 판이하기 때
문이다. 법원직의 경우 25문제 중 17~18문제가 형법총론에서 출제되고 이론문제는 사실상 한
문제도 출제되지 않는 반면에 국가직의 경우 20문제 중 13문제가 형법총론에서 출제되고 다양
한 이론문제가 난이도의 핵심을 좌우하기 때문이다.
그러나, 국가직과 법원직, 경찰직을 통합하는 통합문제집을 내면, 사실 여러 직렬에서 사용할
수 있어서 여러 수고로움을 덜고 비용도 현저히 줄일 수 있게 된다. 그것은 유혹이다. 그러나
인생을 걸고 공부를 하는 수험생들에게 그와 같은 필자의 편리함만을 들어 통합문제집을 출간
할 수 없었다. 최소시간을 투자하여 최고의 퍼포먼스를 내기 위해서는 출제유형에 정확히 맞
는 문제집이 필요하기 때문이다.
법원직을 위해 디케 시리즈가 별도로 출간된 첫 번째 이유이자 마지막 이유이기도 하다.
본서는 최고의 효율을 위해 오로지 법원직, 법원사무관승진, 법원행시 시험만을 대비하기 위
한 교재로 구성되어 있다.
2. 본서의 특징
⑴ 법원직 기출문제를 중심으로 타직렬 최신기출문제를 보완하는 방식의 문제구성
본서는 최근 10개년의 법원직시험과 법원사무관승진시험을 기초로 문제를 구성하였다. 또한
최근 5년간의 법원행시문제를 모두 수록하였고 기타 출제가능한 변호사시험, 사법시험의 기출
문제까지도 선별·수록하였다. 더하여 최근 1개년의 경찰채용, 경찰간부, 경찰승진, 국가직,
국가직 7급 시험을 수록하여 최신유행에 대비할 수 있도록 하였다. 또한 최근 출제진 구성의
변화를 고려하여 해당파트의 내용을 대폭 강화하였다.
PREFACE
⑵ 풍부하고 정확한 해설
객관식 기출문제집의 상당수가 너무 짧은 해설로 인하여 수험생들이 교재를 통해 지문을 제대
로 이해할 수 없는 경우가 많다. 이에 본서를 집필함에 있어서는 풍부한 해설을 다는 데에 집
중하였다. 또한 시중에 기출문제집에 잘못된 해설로 인하여 수험생들에게 혼동을 가져오는 경
우가 많다는 지적을 고려하여, 최대한 정확한 해설이 될 수 있도록 하였다.
⑶ 최신판례와 개정법령을 반영하여 지문수정 및 해설추가
최신 전원합의체에 의해 판례가 변경되거나, 근거법령이 변경되면 기존의 답안이 절대 유지될
수 없다. 필자는 이러한 판례와 법령의 변화를 고려하여 출제가 불가능한 지문을 솎아내고 해
설 역시 개정법과 판례에 의해 정확히 이루어질 수 있도록 하였다.
⑷ 출제유력한 문제를 빠짐없이 수록
필자가 가장 주안점을 둔 것은 출제유력한 문제들을 빠짐없이 수록하면서도 양을 최소화하는
것이었다. 법원직은 8과목을 준비해야 하므로 자칫 형법문제집의 양이 너무 많으면 다른 과목
의 학습에 악영향을 끼칠 수 있기 때문이다.
⑸ 변호사시험의 반영비율 증가
최근 법원직 시험에서는 변호사시험에서 강조하는 판례의 출제비중이 늘어나고 있다. 이러한
변화에 맞추어 변호사시험 기출문제의 비중을 과거보다 상향하였다.
3. 맺으며
법원직은 8과목을 준비하는 시험이다. 어느 한 과목에 더 투자하는 만큼 다른 과목의 학습시간
은 줄어들 수밖에 없다. 인생의 목표를 위해 고통을 참아내며 학습에 매진하는 수험생들에게 본
서가 조금이나마 보탬이 되기를 바란다. 수험생의 땀과 의지, 열정은 필자의 스승이 되었다. 그
들의 인생에 경의를 표하며 본서의 서문을 마무리 하기로 한다.
본서의 출간에 이르는 전과정을 함께해 준 김백선, 홍민교, 이종배님과 표지디자인에 힘써준 노
채선님에게도 감사드린다.
2023년 11월 07일
필자 정주형

제1편 서론
제1장｜형법의 의의와 성격·····························································································3
제2장｜죄형법정주의······································································································8
제3장｜형법의 적용범위 ··································································································25
제2편 범죄론
제1장｜범죄의 기본개념 ·································································································35
제2장｜구성요건론
제1절 범죄의 주체 ·······························································································44
제2절 부작위범 ····································································································53
제3절 인과관계와 객관적 귀속이론 ···································································59
제4절 구성요건적 고의 ·······················································································66
제5절 구성요건적 착오(사실의 착오) ································································ 75
제6절 과실범 ·········································································································77
제7절 결과적 가중범 ···························································································86
제3장｜위법성론
제1절 정당방위 ·····································································································92
제2절 긴급피난 ····································································································· 97
제3절 자구행위 ····································································································99
제4절 피해자의 승낙 ·························································································· 101
제5절 정당행위 ···································································································103
제6절 위법성 조각사유 종합문제 ······································································112
CONTENTS
4
제4장｜책임론
제1절 책임이론과 책임능력 ··············································································· 126
제2절 위법성의 인식과 법률의 착오 ································································134
제3절 기대가능성 ·······························································································142
제5장｜미수론
제1절 예비·음모죄 ····························································································146
제2절 장애미수 ···································································································151
제3절 중지미수 ···································································································167
제4절 불능미수 ···································································································· 171
제6장｜ 공범론
제1절 정범과 공범의 일반이론 ··········································································179
제2절 공동정범 ···································································································187
제3절 간접정범 ···································································································195
제4절 교사범 ······································································································206
제5절 종범(방조범) ····························································································215
제6절 공범과 신분 ······························································································221
제7장｜죄수론
제1절 일 죄 ········································································································· 227
제2절 수 죄 ········································································································ 254
제3편 형벌론
제1장｜ 형벌의 종류 ·········································································································269
제2장｜ 형의 양정(양형) ···································································································293
제3장｜ 누 범···················································································································310
제4장｜ 형의 유예제도·····································································································320
제5장｜ 형의 시효와 소멸································································································334
제6장｜ 보안처분··············································································································338
5
[형법 각론]
제1편 개인적 법익에 대한 죄
제1장｜생명과 신체에 대한 죄
제1절 살인의 죄 ································································································345
제2절 상해와 폭행의 죄 ····················································································347
제3절 과실치사상의 죄 ······················································································ 354
제4절 유기와 학대의 죄 ···················································································356
제2장｜자유에 관한 죄
제1절 협박의 죄 ·································································································358
제2절 강요의 죄 ································································································362
제3절 체포와 감금의 죄 ···················································································· 364
제4절 약취와 유인의 죄 ···················································································368
제5절 강간과 추행의 죄 ····················································································372
제3장｜명예와 신용에 관한 죄
제1절 명예에 관한 죄 ·······················································································389
제2절 신용·업무와 경매에 관한 죄 ································································ 417
제4장｜사생활의 평온에 관한 죄 ···········································································438
제5장｜재산에 대한 죄
제1절 재산죄 일반론 ·························································································448
제2절 절도의 죄 ································································································466
제3절 강도의 죄 ································································································· 477
제4절 사기의 죄 ································································································492
제5절 공갈의 죄 ·································································································525
제6절 횡령의 죄 ································································································536
제7절 배임의 죄 ·································································································565
제8절 장물의 죄 ·································································································601
제9절 손괴의 죄 ·································································································616
제2편 사회적 법익에 대한 죄
제1장｜공공의 안전과 평온에 대한 죄
제1절 공안을 해하는 죄 ····················································································657
제2절 폭발물에 관한 죄 ···················································································660
제3절 방화와 실화의 죄 ····················································································661
제4절 일수와 수리에 관한 죄 ··········································································665
제5절 교통방해의 죄 ·························································································666
제2장｜공공의 건강에 관한 죄 ···············································································672
제3장｜공공의 신용에 관한 죄
제1절 통화에 관한 죄 ························································································673
제2절 유가증권 및 우표와 인지에 대한 죄 ·················································· 676
제3절 문서에 관한 죄 ·······················································································680
제4절 인장에 관한 죄 ·······················································································720
제4장｜사회도덕에 대한 죄
제1절 성풍속을 해하는 죄 ·················································································721
제2절 도박과 복표에 관한 죄 ··········································································723
제3절 신앙에 관한 죄 ······················································································ 7431
제3편 국가적 법익에 대한 죄
제1장｜국가의 존립에 대한 죄
제1절 내란의 죄 ·································································································735
제2절 외환의 죄 ································································································· 738
제3절 국기와 국교에 관한 죄 ··········································································739
제2장｜국가의 기능에 대한 죄
제1절 공무원의 직무에 관한 죄 ······································································· 740
제2절 공무방해에 관한 죄 ················································································784
제3절 도주와 범인은닉의 죄 ············································································813
제4절 위증과 증거인멸의 죄 ············································································820
제5절 무고의 죄 ································································································839