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형법총론 신 객관식 총정리(2017)
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형법총론 신 객관식 총정리(2017)

  • 신호진
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  • 문형사
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  • 2017-02-16 출간
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  • 908페이지
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  • 규격外
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  • ISBN 9788963995649
★★★★★ 평점(10/10) | 리뷰(1)
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북스크린영상으로 만나보는 한 권의 책 이야기

출판사서평

〈 서 문 〉

-2017년 혁신개정판의 특징 -

본서는 다양하고 수준 높은 문제들을 많이 풀어봄으로써 실력을 크게 향상시키고자 하는 수험생들을 위한 문제집이다. 본서의 중요한 특징을 설명하면 다음과 같다.

1. 최근 기출문제 총정리
본서에는 최근 6년간의 경찰, 검찰, 법원 관련 문제들이 수록되어 있다. 그 이전의 오래된 문제들을 제외시킨 것은 그 당시에는 문제를 정식으로 공개하지 않았으므로 수험생들의 기억에 의하여 재생된 문제들이 많아서 정확도가 떨어지고, 최근의 새로운 출제경향과도 잘 맞지 않기 때문이다.

2. 기본서 내용의 체계적 정리
객관식 문제집으로 공부를 할 경우의 최대한의 문제점은 체계적인 실력을 쌓기가 매우 어렵다는 점이다. 그러나 본서에서는 기본서의 체계와 개별적인 논점에 따라서 문제를 질서정연하게 배열함으로써 객관식 문제집으로 공부할 경우의 산만함을 극복하고 기본서를 읽는 것처럼 체계적이고 정리된 실력을 갖출 수 있도록 하였다.

3. 상세한 해설을 통한 실력 향상
본서에서는 각 문제마다 왜 옳고 틀린가를 정확하게 이해할 수 있도록 상세한 해설을 함으로써 유사한 문제에 대한 응용능력을 기를 수 있도록 하였다. 또한 비슷하지만 다른 것들에 대해서는 비교라는 표시를 하여 혼동하지 않도록 하였고, 해설 중 특히 중요한 부분에 대해서는 언더라인을 함으로써 효율적인 정리를 할 수 있도록 하였다. 한편 새로운 논점에 대한 문제가 시작될 때마다 《핵심》이라는 표제하에 기본적인 개념이나 필수적인 내용들을 정리하였으므로 중요내용 정리에 많은 도움이 될 것이다.

4. 고난도 문제 대비를 통한 고득점 달성
최근에는 어떤 시험이든지 판례중심으로 출제되지만, 출제자가 난이도를 높이고 싶을 경우에는 이론문제의 비중을 높이게 된다 . 2017년에 치러진 경찰승진시험 문제를 보더라도 매우 높은 수준의 이론문제가 몇 문제 출제되었고, 사실 여기서 고득점 여부 및 당락이 좌우되게 된다. 그런데 어려운 이론문제는 대부분 사법시험이나 변호사시험 등에 이미 출제되었던 내용들이다. 그래서 본서에서는 사법시험·변호사시험·법원행정고시 기출문제 중에서 출제가능성이 높은 이론문제들을 수록하고 상세한 해설을 함으로써 다른 수험생들과는 차별화된 실력을 갖추어 고득점이 가능하도록 하였다.

-본서의 효율적인 활용방법-

⑴ 제1단계→체계적 이해와 정리
① 문제를 처음 풀 때에는 정말로 시험장에 있다는 진지한 자세로 한 문제 한 문제를 신중하게 풀어 나아가야 한다. 그리고 각 지문별로 정확하게 아는 내용인지 아닌지를 체크해야한다(예를 들어, 중요한 것은 ☆, 틀린 것은 ?, 애매하게 아는 것은 △ 등).
② 본서에서는 논점별로 《핵심》이라는 표제하에 기본적인 개념이나 내용들을 정리하였고, 또한 문제에 대한 해설은 가급적 상세하게 하였다. 그러므로 해설을 읽을 때에는 기본서를 정독하듯이 해야 하고, 중요한 부분에 대해서는 나름대로 Underline을 하거나 표시를 해 두 어야 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.

⑵ 제2단계→체크한 부분 집중적 암기
① 제1단계를 통해서 이해 위주로 공부함으로써 실력이 비약적으로 향상되었을 뿐만 아니라, 내가 아는 부분과 잘 모르는 부분도 명확하게 드러났을 것이다. 중요한 부분, 잘 모르는 부분들이 결국은 실제 시험에서 나의 점수를 좌우한다. 그러므로 이제부터는 체크된 부분을 철저하게 암기하는 것이 중요하다.
② 암기는 반복을 통해서 이루어진다. 따라서 본서를 복습할 경우에는 위의 방식에 따라 서 체크되고 정리된 내용들을 중심으로 최대한 많이 반복을 해야 하고, 암기가 잘 안 되는 부분들은 영어단어 암기하듯이 소리 내어 여러 번 읽어야 한다.

⑶ 제3단계→시험직전 중요부분 총정리
“제2단계”에서는 체크한 내용들을 다시 검토해서 정말로 시험 직전에 꼭 봐야 할 내용들 을 다시 추려내야 한다. 체크한 것 중에서 이제는 잘 이해를 해서 다시 볼 필요가 없는 것 들은 제외시키고, 시험 직전까지 끝까지 붙들고 늘어져야만 하는 것들을 시험 전날 하루 만 에 볼 수 있을 정도로 정리해 놓아야 한다. 시험 직전에 하루에 한 과목씩 위와 같이 정리된 것들을 볼 수 있을 정도라면 합격은 너무나 당연한 것일 것이다!

본서의 효율적인 활용으로 독자 여러분의 조기합격을 간절히 기원합니다!

2017. 2. 10.
법학박사 신 호 진

목차

▶ 1. 형법의 의의·성격·기능 ················································································ 3
▶ 2. 죄형법정주의 ····························································································· 4
▶ 3. 형법이론 ··································································································53
▶ 4. 형법의 시간적 적용범위···············································································55
▶ 5. 형법의장소적 적용범위·················································································76
▶ 6.형법의인적 적용범위 ····················································································94
▶ 7.범죄의의의와 종류 ·······················································································96
▶ 8.행위론 ·······································································································108
▶ 9.범죄체계론 ·································································································110
▶ 10. 행위의주체와 객체 ····················································································111
▶ 11. 구성요건의 일반이론··················································································124
▶ 12. 결과반가치와 행위반가치 ··········································································129
▶ 13. 부작위범 ·································································································130
▶ 14. 인과관계와 객관적 귀속 ···········································································166
▶ 15. 구성요건적 고의 ·····················································································197
▶ 16. 구성요건적 착오 ······················································································215
▶ 17. 과실범 ····································································································237
▶ 18. 결과적 가중범 ·························································································275
▶ 19. 위법성의 일반이론 ···················································································297
▶ 20. 정당방위 ································································································304
▶ 21. 긴급피난 ································································································322
▶ 22. 자구행위 ·································································································336
▶ 23. 피해자의 승낙 ·························································································343
▶ 24. 정당행위 ·································································································364
▶ 25. 책임의 일반이론 ······················································································400
▶ 26. 책임능력··································································································408
▶ 27. 위법성의 인식과 금지착오 ········································································435
▶ 28. 기대가능성 ·····························································································480
▶ 29. 미수범의 일반이론 ···················································································501
▶ 30. 장애미수 ·································································································509
▶ 31. 중지미수 ································································································529
▶ 32. 불능미수 ································································································547
▶ 33. 예비죄 ···································································································563
▶ 34. 정범·공범의 일반이론 ···············································································586
▶ 35. 간접정범 ·································································································602
▶ 36. 공동정범 ·································································································619
▶ 37. 교사범 ····································································································668
▶ 38. 종 범 ·····································································································691
▶ 39. 공범과 신분 ····························································································718
▶ 40. 죄수의 일반이론 ······················································································737
▶ 41. 일 죄 ·····································································································739
▶ 42. 수 죄 ·····································································································771
▶ 43. 형벌의 종류 ····························································································809
▶ 44. 형의 양정 ·······························································································838
▶ 45. 누 범 ·····································································································857
▶ 46. 집행유예·선고유예·가석방 ··········································································866
▶ 47. 형의 시효·소멸·기간 ·················································································900
▶ 48. 보안처분 ·································································································907
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