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2023 DIKE 법원직 형법 기출총정리

2023 DIKE 법원직 형법 기출총정리

  • 정주형
  • |
  • 네오고시뱅크
  • |
  • 2022-11-07 출간
  • |
  • 838페이지
  • |
  • 190 X 260mm
  • |
  • ISBN 9791190823951
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35,000원

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33,950

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(제주/도서산간 배송 추가비용:3,000원)

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출판사서평

 

PREFACE

 

1. 들어가며

본서의 제목은 Dike(디케), 즉 정의의 여신이다. 정의의 여신은 법원의 상징조형물이기도 하다. 필자는 법원직 수험생들의 상징과도 같은 형법 교재를 집필하고 싶었다. 그래서 감히 「Dike」라는 이름을 사용하게 되었다. 또한 모든 독자들이 정의의 여신과 함께 법원을 이끌

최고의 실무가가 되길 기원한다.

객관식 형법 과목은 경찰직, 국가직, 변호사시험 등 다양한 영역에서 시장을 구축하고 있다.

필자는 다른 직렬을 위한 형법 교재로 Bestlo 형법 기출총정리를 별도로 출간하고 있다. 해당 교재도 법원직을 포함하여 다양한 영역의 기출문제를 수록하고 있어 그냥 법원직에서도 동일교재로 강의를 하면 어떨까 하는 유혹을 떨치기 어려웠다 점을 고백한다. 책을 한 권 더 탈고한다는 것은 상당한 고통이 따르는 작업이기 때문이다. 시간과 노력 모든 면에서...

그러나, 법원직 시험은 다른 직렬과는 출제유형이 현저히 다르다. 형법총론의 이론문제가 전혀 출제되지 않고 형법각론 파트에서는 재산범죄가 많이 출제된다. 또한 총론보다 각론의 출제비중이 높은 유일무이한 시험이기도 하다.

이와 같이 출제방향이 다름에도 불구하고 이론문제와 형법총론이 중심이 되는 형법문제집으로 법원직 강의를 진행한다는 것은 수험생들의 학습효율성을 떨어뜨릴 수밖에 없다. 필자는 수험생들에게 공헌한 바와 같이, 국가직 기타 다른 직렬과는 차별되는 법원직만을 위한 기출총정리 교재를 집필하였다.

2. 본서의 특징

⑴ 법원직 기출문제를 중심으로 타직렬 최신기출문제를 보완하는 방식의 문제구성

본서는 최근 10개년의 법원직시험과 법원사무관승진시험을 기초로 문제를 구성하였다. 또한 최근 3년간의 법원행시문제를 모두 수록하였고 기타 출제가능한 변호사시험, 사법시험의 기출 문제까지도 선별·수록하였다. 또한 최근 기출문제는 경찰채용, 경찰간부, 경찰승진, 국가직, 국가직 7급 시험을 불문하고 전부 수록함으로써 최근의 유행에 철저히 대비하도록 하였다. 무분별하게 모든 직렬의 문제를 수록한 것이 아니라 출제가능성을 철저히 고려하였고, 법원직에서 출제되지 않는 이론문제는 배제하였다.

⑵ 풍부하고 정확한 해설

본서를 집필함에 있어 보다 신경 쓴 것은 풍부하고 정확한 해설을 다는 것이었다. 이를 통해 교과서(기본서)의 도움이 없다하더라도 본서의 해설만으로 해당문제의 취지와 내용을 철저히 이해하고 정리할 수 있게 하였다. 특히, 핵심적인 포인트에는 언더라인과 볼드처리로 강조함으로써 지문들의 핵심을 쉽게 파악할 수 있도록 하였고, 이해를 넘어 추가적인 학습을 도모하기 위해 판례의 중요 내용을 해설에 수록하였다.

⑶ 최신판례와 개정법령을 철저히 반영

기출문제가 반영할 수 없는 것은 최신판례와 최신개정법령이다. 본서는 기출문제를 변형하는 방법에 의해 전원합의체로 변경된 판례를 최대한 반영하고자 하였다. 특히 횡령죄와 배임죄, 주거침입죄와 관련하여서는 기존의 지문들을 무력화시키는 중요판례들을 철저히 반영하였다.

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 과목의 학습에 악영향을 끼칠 수 있기 때문이다.

3. 맺으며

법원직은 8과목을 준비하는 시험이다. 어느 한 과목에 더 투자하는 만큼 다른 과목의 학습시간은 줄어들 수밖에 없다. 필자 역시 문제집의 내용을 구성하면서 다른 직렬의 기출문제를 조금 더 수록하고 싶다는 욕망이 내내 꿈틀거렸다. 준비해둔 많은 문제들을 교재에 수록하지 못한다는 것이 얼마나 고통스러운 일인지를 새삼 느끼는 고민의 시간이었다. 그러한 고통과 고민의 시간들이 쌓여 독자들에게는 효율적인 학습도구가 될 수 있다는 점을 믿어 의심치 않았다. 교재를 집필하면서 수험생들의 얼굴이 자꾸 아른거렸다. 그들의 의지와 노력에 미력이나마 힘을 보태고 싶었기에 조금 더 교재집필에 매진할 수 있었다. 수험생의 땀과 의지, 열정은 필자의 스승이 되었다. 그들의 인생에 경의를 표하며 본서의 서문을 마무리 하기로 한다.

본서의 출간에 이르는 전과정을 함께해 준 김백선, 홍민교, 이종배님과 표지디자인에 힘써준 문지수님에게도 감사드린다.

2022년 11월 02일

필자 정주형

목차

[형법 총론]

제1편 서론
제1장❘형법의 의의와 성격·····························································································3
제2장❘죄형법정주의······································································································6
제3장❘형법의 적용범위 ··································································································21
제2편 범죄론
제1장❘범죄의 기본개념 ·································································································37
제2장❘구성요건론
제1절 범죄의 주체 ·······························································································45
제2절 부작위범 ····································································································56
제3절 인과관계와 객관적 귀속이론 ···································································64
제4절 구성요건적 고의 ························································································73
제5절 구성요건적 착오(사실의 착오) ································································· 81
제6절 과실범 ········································································································84
제7절 결과적 가중범 ···························································································96
제3장❘위법성론
제1절 정당방위 ···································································································103
제2절 긴급피난 ··································································································· 107
제3절 자구행위 ···································································································109
제4절 피해자의 승낙 ·························································································· 110
제5절 정당행위 ···································································································112
제6절 위법성 조각사유 종합문제 ······································································119
제4장❘책임론
제1절 책임이론과 책임능력 ··············································································· 130
제2절 위법성의 인식과 법률의 착오 ································································135
제3절 기대가능성 ·······························································································145
제5장❘미수론
제1절 예비·음모죄 ····························································································151
제2절 장애미수 ···································································································156
제3절 중지미수 ···································································································174
제4절 불능미수 ··································································································· 177
제6장❘ 공범론
제1절 정범과 공범의 일반이론 ·········································································184
제2절 공동정범 ···································································································190
제3절 간접정범 ···································································································201
제4절 교사범 ·······································································································214
제5절 종범(방조범) ····························································································222
제6절 공범과 신분 ·····························································································226
제7장❘죄수론
제1절 일 죄 ········································································································· 233
제2절 수 죄 ········································································································ 259
제3편 형벌론
제1장❘ 형벌의 종류··········································································································277
제2장❘ 형의 양정(양형) ···································································································297
제3장❘ 누 범···················································································································314
제4장❘ 형의 유예제도·····································································································323
제5장❘ 형의 시효와 소멸································································································339
제6장❘ 보안처분··············································································································344

[형법 각론]
제1편 개인적 법익에 대한 죄
제1장❘생명과 신체에 대한 죄
제1절 살인의 죄 ·································································································351
제2절 상해와 폭행의 죄 ···················································································354
제3절 과실치사상의 죄 ······················································································ 365
제4절 유기와 학대의 죄 ····················································································367
제2장❘자유에 관한 죄
제1절 협박의 죄 ·································································································372
제2절 강요의 죄 ·································································································374
제3절 체포와 감금의 죄 ···················································································· 375
제4절 약취와 유인 및 인신매매의 죄 ······························································377
제5절 강간과 추행의 죄 ····················································································381
제3장❘명예와 신용에 관한 죄
제1절 명예에 관한 죄 ························································································401
제2절 신용·업무와 경매에 관한 죄 ······························································· 424
제4장❘사생활의 평온에 관한 죄 ···········································································443
제5장❘재산에 대한 죄
제1절 재산죄 일반론 ·························································································453
제2절 절도의 죄 ·································································································474
제3절 강도의 죄 ································································································· 489
제4절 사기의 죄 ································································································503
제5절 공갈의 죄 ·································································································533
제6절 횡령의 죄 ·································································································541
제7절 배임의 죄 ·································································································565
제8절 장물의 죄 ································································································600
제9절 손괴의 죄 ······························································································· 615
제2편 사회적 법익에 대한 죄
제1장❘공공의 안전과 평온에 대한 죄
제1절 공안을 해하는 죄 ····················································································649
제2절 폭발물에 관한 죄 ···················································································653
제3절 방화와 실화의 죄 ···················································································654
제4절 일수와 수리에 관한 죄 ··········································································658
제5절 교통방해의 죄 ·························································································660
제2장❘공공의 건강에 관한 죄 ···············································································666
제3장❘공공의 신용에 관한 죄
제1절 통화에 관한 죄 ························································································667
제2절 유가증권 및 우표와 인지에 대한 죄 ·················································· 668
제3절 문서에 관한 죄 ·······················································································673
제4절 인장에 관한 죄 ························································································712
제4장❘사회도덕에 대한 죄
제1절 성풍속을 해하는 죄 ·················································································713
제2절 도박과 복표에 관한 죄 ···········································································716
제3절 신앙에 관한 죄 ························································································ 723
제3편 국가적 법익에 대한 죄
제1장❘국가의 존립에 대한 죄
제1절 내란의 죄 ·································································································727
제2절 외환의 죄 ································································································· 730
제3절 국기와 국교에 관한 죄 ···········································································731
제2장❘국가의 기능에 대한 죄
제1절 공무원의 직무에 관한 죄 ······································································· 732
제2절 공무방해에 관한 죄 ················································································775
제3절 도주와 범인은닉의 죄 ············································································803
제4절 위증과 증거인멸의 죄 ············································································810
제5절 무고의 죄 ·································································································827


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도서교환 및 환불
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교환/반품주소
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