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    형법 기출이론 총정리

    저자: 신호진 출판사: 문형사 출간일: 2019년 08월 09일 페이지: 208
    14,400원  16,000원 -10%

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    - 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

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    ▶ 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