[총 론] 제1편 형법의 일반이론

ㆍ죄형법정주의 ·····································································································3
ㆍ형법의 시간적 적용범위 ····················································································34
ㆍ형법의 장소적 적용범위 ····················································································47
ㆍ형법의 인적 적용범위 ·······················································································54

[총 론] 제2편 범 죄 론
ㆍ범죄의 의의와 종류 ························· ································································57
ㆍ행위의 주체와 객체 ··························································································64
ㆍ구성요건의 일반이론··························································································70
ㆍ결과반가치와 행위반가치 ···················································································71
ㆍ부작위범 ··········································································································72
ㆍ인과관계와 객관적 귀속 ·····················································································85
ㆍ구성요건적 고의 ································································································98
ㆍ구성요건적 착오 ······························································································108
ㆍ과실범 ············································································································116
ㆍ결과적 가중범 ·································································································134
ㆍ위법성의 일반이론 ···························································································146
ㆍ정당방위 ·········································································································149
ㆍ긴급피난 ·········································································································157
ㆍ자구행위 ·········································································································162
ㆍ피해자의승낙 ···································································································164
ㆍ정당행위 ·········································································································172
ㆍ책임의 일반이론 ······························································································189
ㆍ책임능력 ·········································································································191
ㆍ위법성의 인식과 금지착오 ·················································································201
ㆍ기대가능성 ······································································································214
ㆍ미수범의 일반이론 ····························································································221
ㆍ장애미수 ·········································································································227
ㆍ중지미수 ·········································································································243
ㆍ불능미수 ·········································································································248
ㆍ예비죄 ············································································································253
ㆍ정범·공범의 일반이론 ························································································261
ㆍ간접정범 ·········································································································268
ㆍ공동정범 ·········································································································276
ㆍ교사범 ············································································································298
ㆍ종범 ···············································································································310
ㆍ공범과 신분 ····································································································318
ㆍ죄수의 일반이론 ······························································································322
ㆍ일죄 ··············································································································325
ㆍ수죄 ··············································································································347

[총 론] 제3편 형 벌 론
ㆍ형벌의 종류 ····································································································367
ㆍ형의 양정 ·······································································································383
ㆍ누 범 ·············································································································395
ㆍ집행유예·선고유예·가석방 ·················································································398
ㆍ형의 시효·소멸·기간 ·························································································408
ㆍ보안처분 ········································································································410

[각 론] 제1편 개인적 법익에 대한 죄
ㆍ살인의 죄 ·······································································································413
ㆍ상해와 폭행의 죄 ····························································································424
ㆍ과실치사상의 죄 ······························································································443
ㆍ낙태의 죄 ·······································································································449
ㆍ유기와 학대의 죄 ····························································································450
ㆍ협박의 죄 ·······································································································454
ㆍ강요의 죄 ·······································································································461
ㆍ체포와 감금의 죄 ····························································································464
ㆍ약취·유인 및 인신매매의 죄 ·············································································469
ㆍ강간과 추행의 죄 ····························································································475
ㆍ명예에 관한죄 ································································································492
ㆍ신용·업무와 경매에 관한 죄 ·············································································513
ㆍ비밀침해의 죄 ································································································533
ㆍ주거침입의 죄 ································································································534
ㆍ재산죄의 기본개념 ···························································································545
ㆍ절도의 죄 ·······································································································558
ㆍ강도의 죄 ·······································································································574
ㆍ사기의 죄 ·······································································································592
ㆍ공갈의 죄 ·······································································································632
ㆍ횡령의 죄 ·······································································································640
ㆍ배임의 죄 ·······································································································669
ㆍ장물의 죄 ·······································································································698
ㆍ손괴의 죄 ·······································································································710
ㆍ권리행사를 방해하는 죄 ····················································································716

[각 론] 제2편 사회적 법익에 대한 죄
ㆍ공안을 해하는 죄 ·····························································································727
ㆍ폭발물에 관한 죄 ·····························································································728
ㆍ방화와 실화의 죄 ·····························································································730
ㆍ일수와 수리에 관한 죄 ······················································································736
ㆍ교통방해의 죄 ··································································································737
ㆍ통화에 관한 죄 ································································································744
ㆍ유가증권·인지와 우표에 관한 죄 ········································································748
ㆍ문서에 관한 죄 ································································································756
ㆍ인장에 관한 죄 ································································································796
ㆍ음용수에 관한 죄 ·····························································································797
ㆍ아편에 관한 죄 ································································································798
ㆍ성풍속에 관한 죄 ·····························································································798
ㆍ도박과 복표에 관한 죄 ·····················································································803
ㆍ신앙에 관한 죄 ································································································807

[각 론] 제3편 국가적 법익에 대한 죄
ㆍ내란의 죄 ······································································································811
ㆍ외환의 죄 ······································································································814
ㆍ국교에 관한 죄 ······························································································817
ㆍ공무원의 직무에 관한 죄 ················································································818
ㆍ공무방해에 관한 죄 ··························································································853
ㆍ도주와 범인은닉의 죄 ·······················································································879
ㆍ위증과 증거인멸의 죄 ·······················································································887
ㆍ무고의 죄 ········································································································900  

-본서의 구성 및 내용-

★ 최신판례문제
-5년간 최신판례(2012년-2016년) 수록
-2016년 대법원 최신판례 반영(11월 1일 판례공보까지)
-2016년 헌법재판소 최신결정례 반영(10월 27일 공보까지)
-미출제 판례 및 출제예상 판례 수록

★ 최신기출문제
- 2016년도 시행 경찰ㆍ해경ㆍ검찰ㆍ법원직, 변호사ㆍ사법시험ㆍ법원행시 등 최신기출수록
-최근 13년간 경찰시험(일반경찰, 경찰간부, 경찰승진) 기출문제 수록
-최근 13년간 국가직(검찰ㆍ마약수사ㆍ철도경찰직 등) 7급ㆍ9급 핵심기출반영
-최근 13년간 법원직(법원9급, 법원승진, 법원행시) 핵심기출반영
-최근 7년간 해양경찰시험(해경채용, 해경간부, 해경승진) 기출문제 수록
-최근 7년간 법원행시, 사법시험, 변호사시험 등 최신기출 반영
★ 그 이전 기출문제 중 출제가능 논점 및 풍부한 해설수록
★ 2017년 시험대비 출제경향분석 및 출제예상문제 중심 구성

♣ 본서에 수록된 ‘2016년도 시행 최신기출문제’는 다음과 같다.
① 2015.10.24. 지능범죄수사요원(경찰공무원) 특채시험문제 〈미공개; 지문복원〉
② 2015.10.31. 국민안전처 소속 (해경)경찰공무원 채용시험
③ 2015.12.19. (2016년도) 제65기 경찰간부후보생 공개경쟁채용시험
④ 2016.1.5. 제5회 변호사시험 형사법(선택형)
⑤ 2016.1.16. 경찰공무원 정기 승진시험(경감 이하 통합)
⑥ 2016.1.16. 국민안전처 (해경)경찰공무원 정기 승진시험(경위) 〈미공개; 지문복원〉
⑦ 2016.1.16. 국민안전처 (해경)경찰공무원 정기 승진시험(경사) 〈미공개; 지문복원〉
⑧ 2016.2.27. 제58회 사법시험 제1차 시험
⑨ 2016.3.5. 법원 9급(법원사무직렬) 공개경쟁채용시험
⑩ 2016.3.19. 국민안전처 (해양경비안전본부)간부후보생 채용시험
⑪ 2016.3.19. [제1차] 경찰공무원(순경)[공채(남ㆍ여)ㆍ전의경특채ㆍ101경비단]시험
⑫ 2016.4.9. 국가직(검찰직, 마약수사직) 9급 공개경쟁채용 필기시험[형법]
⑬ 2016.4.9. 국가직(철도경찰직) 9급 공개경쟁채용 필기시험[형법총론]
⑭ 2016.4.23. 법원사무관승진 제1차 시험 〈미공개; 지문복원〉
⑮ 2016.5.21. (법원주사보)능력검정시험 제1차 시험 〈미공개; 지문복원〉
16) 2016.6.4. 경찰공무원 형사법 능력평가 시험 〈미공개; 지문복원〉
17) 2016.6.25. 국민안전처 (해양경비안전본부)경찰공무원(해경학과) 채용시험
18) 2016.8.20. 제34회 법원행정고등고시 제1차 시험
19) 2016.8.27. 국가공무원(검찰사무직ㆍ철도경찰직) 7급 공채시험
20) 2016.9.3. [제2차] 경찰공무원(순경)[공채(남ㆍ여)ㆍ특채(경행ㆍ학전)ㆍ101경비단]
21) 2016.10.8. (2017년도) 제66기 경찰간부후보생 선발필기시험
22) 2016.10.15. 지능범죄수사요원(경찰공무원) 경력경쟁채용시험 〈미공개; 지문복원〉
23) 2016.10.22. 국민안전처 (해양경비안전본부)경찰공무원(제3차) 채용시험

-본서의 효율적인 활용방법-

① 제1단계 .체계적 이해와 정리 : 본서를 서점에서 구입하여 처음으로 읽는 단계이다.
이 때에는 1) 먼저 각 지문별로 정확하게 아는 내용인지 아닌지를 체크해야 한다(예를 들어, 중요한 것은 ☆, 틀린 것은 ., 애매하게 아는 것은 △ 등). 2) 그리고 해설을 읽을 때에는 기본서를 정독하듯이 해야 하고, 역시 중요한 부분에 대해서는 나름대로 Underline을 하거나 표시를 해 두어야 한다. 3) 만약에 해설만으로 이해가 안 갈 경우에는 반드시 기본서를 찾아서 관련된 부분을 정독해서 완벽하게 이해를 해야 한다(이 때 기본서로서는 “형법요론”이나 “MASTER 형법”을 추천한다).

② 제2단계 .문제풀이 능력의 향상 : 1) 문제를 가볍게 풀어서는 안 되고, 실제 시험장에 있다는 마음가짐으로 진지하게 문제를 풀어야 한다. 이 때에도 각 지문별로 위에서 언급한 방식대로 체크를 하고, 해설과 기본서의 참고를 통해서 완벽하게 이해하려고 노력을 해야 한다. 2) 기출문제는 형법 전반에 걸친 논점으로 구성되는 경우가 대부분이므로 아직 이해가 되어 있지 않은 내용까지도 담고 있는 경우가 많을 것이다. 그러나 그런 부분도 나중에 다 정리될 것이므로 너무 걱정할 필요는 없고, 미리 예습한다는 마음으로 공부하면 될 것이다.

③ 제3단계 .반복을 통한 철저한 암기 : 제1단계와 제2단계를 통해서 이해 위주로 공부함 으로써 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. 세종대왕의 어릴 적의 학습방법은 공부한 내용을 “백번 읽고, 백번 써보는(百讀百習)” 방법이었다고 한다. 시험이 다가올수록 암기가 중요하고, 시험공부는 암기를 통해서 완성된다.