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형법 기출이론 총정리

형법 기출이론 총정리

  • 신호진
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  • 문형사
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  • 2019-08-09 출간
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  • 208페이지
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  • 188 X 257 mm
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  • ISBN 9791189917340
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출판사서평

서 문 

 

- 형법 기출이론 총정리 -

 

1. 이론문제가 당락을 좌우한다.

 

최근의 여러 국가고시 형법 문제는 대부분 판례문제로 구성되어 있다. 그러나 적으면 5%에서 많으면 20% 정도는 이론문제가 출제된다. 그런데 이론문제는 단순 암기로는 대처할 수 없기 때문에 높은 경쟁률 하에서는 판례문제보다는 의외로 이론문제가 당락을 좌우하는 중요한 변수가 될 수 있다.

 

2. 이론문제의 비중이 증가할 가능성이 크다.

 

출제위원이 실무자 출신일 경우에는 판례문제의 비중이 높아지지만, 대학 교수일 경우에는 이론문제의 비중이 높아진다. 그래서 교수들이 출제위원으로 들어가는 변호사시험의 경우에는 이론문제의 비중이 평균 20% 정도이고, 검찰직의 경우에는 15% 정도이다. 한편 경찰 관련 시험의 경우에는 주로 실무자가 출제하여 이론문제의 비중이 낮은 편이었다. 그러나 올해부터 경찰간부 시험은 경찰대학이 출제를 주관하게 됨으로써 교수들이 출제위원으로 대거 들어가게 될 것이고, 일반경찰시험의 경우에도 출제위원의 절반은 교수들이 담당하기로 결정되었다. 이러한 변화는 이론문제의 비중이 기존보다는 상당히 증가할 것이라는 점을 당연히 예측할 수 있게 한다.

 

3. 어떤 이론문제가 출제될 것인가는 이미 공개되었다.

 

형법이론의 영역은 실로 깊고 방대하여 전공자의 경우에도 끝이 없는 영역이다. 그러나 형법 이론 중에서 어떤 부분이 출제될 것인가는 기출문제에 이미 그 답이 있다. 본서에서는 2000년 이후 17년간의 사법시험과 2012년 이후 8년간의 변호사시험, 그리고 최근 5년간의 경찰, 검찰, 법원 관련 시험에서 출제되었던 이론문제를 기본서의 체계에 따라 일목요연하게 정리하였는데, 이 정도라면 출제가능한 이론문제는 거의 다 포함하고 있다고 볼 수 있다. 이론에 대한 기출문제를 분석해 보면 대개 사법시험에서 출제된 것들이 그 후 경찰 등의 시험에서 출제되고 있다는 것을 발견할 수 있다. 따라서 기출문제만 잘 정리하면 이론문제는 의외로 간단하게 해결할 수 있는 부분이다.

형법이론은 그 추상성과 난해성으로 인하여 모든 수험생들이 고생하는 부분이지만, 본서를 중심으로 잘 정리하여 고득점 합격의 영광을 안기를 진심으로 기원한다.

 

2019년 7월 25일

 

 법학박사 신 호 진

목차


▶ 1. 형법의 기본개념 ··························································································· 3
▶ 2. 죄형법정주의 ································································································ 4
▶ 3. 형법의 시간적 적용범위 ················································································· 9
▶ 4. 형법의 장소적 적용범위 ··············································································· 12
▶ 5. 형법의 인적 적용범위 ·················································································· 17
▶ 6. 범죄의 의의와 종류 ····················································································· 18
▶ 7. 행위의 주체와 객체 ····················································································· 26
▶ 8. 구성요건의 일반이론 ···················································································· 28
▶ 9. 결과반가치와 행위반가치 ·············································································· 31
▶ 10. 부작위범 ·································································································· 33
▶ 11. 인과관계와 객관적 귀속 ············································································· 41
▶ 12. 구성요건적 고의 ························································································ 44
▶ 13. 구성요건적 착오 ························································································ 48
▶ 14. 과실범 ····································································································· 58
▶ 15. 결과적 가중범 ··························································································· 63
▶ 16. 위법성의 일반이론 ····················································································· 68
▶ 17. 정당방위 ·································································································· 73
▶ 18. 긴급피난 ·································································································· 78
▶ 19. 자구행위 ·································································································· 85
▶ 20. 피해자의 승낙 ··························································································· 88
▶ 21. 정당행위 ·································································································· 93
▶ 22. 책임의 일반이론 ························································································ 95
▶ 23. 책임능력 ································································································· 101
▶ 24. 위법성의 인식과 금지착오 ········································································· 110
▶ 25. 기대가능성 ······························································································ 121
▶ 26. 미수범의 일반이론 ··················································································· 126
▶ 27. 장애미수 ································································································· 128
▶ 28. 중지미수 ································································································· 132
▶ 29. 불능미수 ································································································· 140
▶ 30. 예비죄 ···································································································· 145
▶ 31. 정범·공범의 일반이론 ··············································································· 148
▶ 32. 간접정범 ································································································ 157
▶ 33. 공동정범 ································································································· 160
▶ 34. 교사범 ···································································································· 165
▶ 35. 종 범 ····································································································· 171
▶ 36. 공범과 신분 ···························································································· 174
▶ 37. 죄수의 일반이론 ······················································································ 179
▶ 38. 일 죄 ····································································································· 181
▶ 39. 수 죄 ····································································································· 183
▶ 40. 형벌의 종류 ···························································································· 187
▶ 41. 형의 양정 ······························································································· 190
▶ 42. 누 범 ····································································································· 195
▶ 43. 집행유예·선고유예·가석방 ·········································································· 198
▶ 44. 형의 시효·소멸·기간 ················································································· 205
▶ 45. 보안처분 ································································································· 208

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