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2018년대비 형법판례 기본서(공무원,국가고시 대비)
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2018년대비 형법판례 기본서(공무원,국가고시 대비)

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  • 문형사
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  • 2017-09-26 출간
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  • ISBN 9788963995809
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북스크린영상으로 만나보는 한 권의 책 이야기

출판사서평

 본서는 방대한 분량의 판례를 보다 체계적으로 이해하고 정리할 수 있도록 만들어진 교재이다. 최근 여러 국가고시 형법문제에서 판례가 차지하는 비중은 80~95% 정도이다. 이처럼 판례문제가 대부분을 차지하고 있는 상황에서는 판례교재를 기본서로 받아들이는 전향적 시각도 수험전략적 차원에서는 필요하다고 생각한다.

본서의 특징을 열거하면 다음과 같다.

1. 판례의 체계화 개개의 판례가 형법 전체의 체계 가운데 어느 부분에서 문제가 되는지도 알아야만 그 판례를 정확하게 이해할 수 있다. 이에 본서에서는 방대한 분량의 판례를 기본서의 목차 순서대로 질서정연하게 배열함으로써 판례를 체계적으로 이해하고 정리할 수 있도록 하였다. 본서에는 2017년 4월 판례까지 수록되어 있다.

2. 이론과의 관련성 강화 판례는 형법이론과 동떨어진 어떤 것이 아니라, 특정한 사건에서 문제된 형법이론적 문제점에 대한 대법원의 견해이다. 따라서 그 판례와 관련된 개념이나 이론을 알지 못하고서는 그 판례를 정확하게 이해하기는 어렵다. 이에 본서에서는 판례의 정리에 앞서 《핵심》이라는 표제하에 판례와 관련된 기본적인 개념과 이론을 정리함으로써 판례를 보다 깊이 이해할 수 있도록 하였다.

3. 판례의 비교·종합정리 판례들은 논점별로 ‘인정한 판례’와 ‘부정한 판례’로 나누어 일목요연하게 정리하였다. 특히 최근의 판례문제의 경향이 판결요지를 그대로 지문으로 출제하고 있으므로 판결요지는 가급적 요약하지 않고 그 ‘전문’을 수록하였다. 또한 비슷하지만 결론이 다른 판례도 같이 배열하여 그 차이점을 정확하게 알 수 있도록 하였다.

4. 사실관계의 소개 판례는 특정한 사건에 대한 것이므로 정확한 이해를 위해서는 그 사건의 구체적인 사실관계를 알아야 한다. 이에 본서에서는 대부분의 판례에서 사실관계를 소개하였고, 사실관계는 고딕체로 강조하여 사안을 쉽게 파악할 수 있도록 하였다. 판례에 대해서 체계적이고 종합적인 지식을 습득하는데 있어서 본서가 중요한 역할을 해줄 것을 기대해 본다.

2017. 5. 10.
법학박사 신 호 진


- 효율적인 판례공부 방법 -

1. 사실관계를 파악하라 판례는 구체적이고 특정한 사건에 대한 대법원의 판단이다. 따라서 판례공부를 위해서는 가장 먼저 개개의 판례에서 “행위자(피고인), 행위, 결과, 피해자” 등을 파악해야 한다. 판례의 사실관계는 하나의 “이야기”라고 할 수 있으므로 그 이야기의 “제목”에 해당하는 특징적 단어를 형광펜 등을 사용해서 표시해 둔다면 판례를 기억할 때 매우 편리할 것이다. 2시간 분량의 영화를 본 후에는 그 영화의 제목만 언급해도 그 영화에 대한 기억이 되살아나는 것과 같은 이치이다. 이 경우에는 “연두색”을 사용하는 것이 좋을 것이다.

2. 결론을 파악하라 위와 같은 사실관계를 전제로 해서 대법원이 그에 대해서 어떤 결론을 내렸는지를 파악해야 한다. “유죄”인지 아니면 “무죄”인지, 유죄라면 “어떤 죄”를 인정했는지를 파악하고, 그 결론 부분도 눈에 잘 띌 수 있도록 형광펜 등을 사용해서 표시해야 한다. 결론의 표시도, 예를 들어 피고인에게 유리한 결론이라면 “파란 색”으로, 불리한 결론이라면 “빨간 색”으로 표시해 둔다면 최종정리시에 직관적으로 판례를 정리할 수 있을 것이다.

3. 이유를 파악하라 최근의 판례문제는 단순히 결론만을 묻지 않고 그 결론에 이르게된 전제로서 판결이유를 묻는 문제가 주종을 이루고 있다. 따라서 결론의 이유에 해당되는 부분에 대해서도 “언더라인”을 하고, 그 중에서도 핵심적인 부분에 대해서는 형광펜 등으로 표시를 해 두어야 한다. 이 때에는 “노란 색”을 사용하는 것이 좋을 것이다.

4. 빠른 반복을 통한 암기와 정리 위와 같이 “사실관계”, “결론”, “이유”를 정리했다면, 그 다음에는 반복을 통해서 철저하게 암기하는 것이 중요하다. 위에서 말한대로 판례는 모두 “이야기”를 담고 있으므로 그 이야기를 정확하게 이해했다면 위에서처럼 형광펜으로 표시된 중요부분을 중심으로 빠르게 정리할 수 있을 것이고, 본서도 불과 몇시간 만에 정리할 수 있을 것이다(실제로 그렇게 하는 합격생을 많이 보았다).

목차

 

형 법 총 론

1. 죄형법정주의 ······················································································································ 3
2. 형법의 시간적 적용범위 ································································································ 22
3. 형법의 장소적 적용범위 ································································································ 33
4. 형법의 인적 적용범위 ···································································································· 37
5. 범죄의 의의와 종류 ········································································································ 38
6. 행위의 주체와 객체 ········································································································ 40
7. 부작위범 ··························································································································· 44
8. 인과관계와 객관적 귀속 ································································································ 51
9. 구성요건적 고의 ·············································································································· 58
10. 구성요건적 착오 ··········································································································· 62
11. 과실범 ····························································································································· 65
12. 결과적 가중범 ··············································································································· 75
13. 정당방위 ························································································································· 82
14. 긴급피난 ························································································································· 90
15. 자구행위 ························································································································· 93
16. 피해자의 승낙 ··············································································································· 95
17. 정당행위 ························································································································· 99
18. 책임능력 ······················································································································· 114
19. 위법성의 인식과 금지착오 ························································································ 119
20. 기대가능성 ··················································································································· 129
21. 장애미수 ······················································································································· 133
22. 중지미수 ······················································································································· 136
23. 불능미수 ······················································································································· 140
24. 예비죄 ··························································································································· 143
25. 정범·공범의 일반이론 ····························································································· 146
26. 간접정범 ······················································································································· 150
27. 공동정범 ······················································································································· 153
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28. 교사범 ··························································································································· 169
29. 종 범 ····························································································································· 173
30. 공범과 신분 ················································································································· 179
31. 죄수의 일반이론 ········································································································· 183
32. 일 죄 ····························································································································· 186
33. 수 죄 ····························································································································· 200
34. 형벌의 종류 ················································································································· 212
35. 형의 양정 ····················································································································· 220
36. 누 범 ····························································································································· 226
37. 집행유예·선고유예·가석방 ···················································································· 228
38. 형의 시효·소멸·기간 ····························································································· 235
39. 보안처분 ······················································································································· 238

형 법 각 론
1. 살인의 죄 ······················································································································· 243
2. 상해와 폭행의 죄 ········································································································· 249
3. 과실치사상의 죄 ··········································································································· 260
4. 낙태의 죄 ······················································································································· 269
5. 유기와 학대의 죄 ········································································································· 271
6. 협박의 죄 ······················································································································· 274
7. 강요의 죄 ······················································································································· 280
8. 체포와 감금의 죄 ········································································································· 282
9. 약취·유인 및 인신매매의 죄 ···················································································· 286
10. 강간과 추행의 죄 ······································································································· 290
11. 명예에 관한 죄 ··········································································································· 303
12. 신용·업무와 경매에 관한 죄 ·················································································· 319
13. 비밀침해의 죄 ············································································································· 336
14. 주거침입의 죄 ············································································································· 338
15. 재산죄의 기본개념 ····································································································· 347
16. 절도의 죄 ····················································································································· 364
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17. 강도의 죄 ····················································································································· 378
18. 사기의 죄 ····················································································································· 396
19. 공갈의 죄 ····················································································································· 433
20. 횡령의 죄 ····················································································································· 439
21. 배임의 죄 ····················································································································· 470
22. 장물의 죄 ····················································································································· 504
23. 손괴의 죄 ····················································································································· 512
24. 권리행사를 방해하는 죄 ···························································································· 519
25. 공안을 해하는 죄 ····································································································· 530
26. 폭발물에 관한 죄 ····································································································· 534
27. 방화와 실화의 죄 ····································································································· 535
28. 일수와 수리에 관한 죄 ··························································································· 540
29. 교통방해의 죄 ··········································································································· 542
30. 통화에 관한 죄 ········································································································· 546
31. 유가증권·인지와 우표에 관한 죄 ··········································································· 550
32. 문서에 관한 죄 ········································································································· 559
33. 인장에 관한 죄 ········································································································· 595
34. 음용수에 관한 죄 ····································································································· 599
35. 아편에 관한 죄 ········································································································· 600
36. 성풍속에 관한 죄 ····································································································· 601
37. 도박과 복표에 관한 죄 ··························································································· 606
38. 신앙에 관한 죄 ········································································································· 610
39. 내란의 죄 ··················································································································· 614
40. 외환의 죄 ··················································································································· 618
41. 국기에 관한 죄 ········································································································· 621
42. 국교에 관한 죄 ········································································································· 622
43. 공무원의 직무에 관한 죄 ························································································ 623
44. 공무방해에 관한 죄 ································································································· 660
45. 도주와 범인은닉의 죄 ····························································································· 686
46. 위증과 증거인멸의 죄 ····························································································· 693 

47. 무고의 죄 ··················································································································· 704

저자소개

 

  • 저자 : 신호진  
최근작 :<2018 Master 형법총론 기본서>,<2018 신호진 1200제 형사소송법>,<2018 신호진 1200제 형법> … 총 537종
소개 :연세대학교 법학과와 고려대학교 대학원을 졸업했다. 연세대, 동국대, 단국대, 건국대, 경북대, 동아대, 전북대, 영남대학교 등에서 형법특강을 담당하였으며, 한국 싸이버대학교(KCU)에서 법학과 교수, 동국대학교 법학과에서 법학과 겸임교수를 역임하였다.

 

도서소개

 방대한 분량의 판례를 기본서의 목차 순서대로 질서정연하게 배열함으로써 판례를 체계적으로 이해하고 정리할 수 있도록 하였다. 2017년 4월 판례까지 수록되어 있다. 판례의 정리에 앞서 '핵심'이라는 표제하에 판례와 관련된 기본적인 개념과 이론을 정리함으로써 판례를 보다 깊이 이해할 수 있도록 하였고, 판례의 비교.종합정리 판례들은 논점별로 ‘인정한 판례’와 ‘부정한 판례’로 나누어 일목요연하게 정리하였다.


특히 최근의 판례문제의 경향이 판결요지를 그대로 지문으로 출제하고 있으므로 판결요지는 가급적 요약하지 않고 그 ‘전문’을 수록하였다. 또한 비슷하지만 결론이 다른 판례도 같이 배열하여 그 차이점을 정확하게 알 수 있도록 하였다.

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