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형법상품 상세설명
- 책 소개 -
2013년 1월~2015년 11월 판례공보·미간행판례 및 핵심요약
본 교재는 2012년, 2013년, 2014년(10월 판례까지)에 나온 형법 판례를 정리한 것이다.
최근에 어떤 시험을 불문하고 형법문제 중 가장 많은 비중을 차지하고 있는 것은 판례이다. 그러므로 판례를 제대로 정리하지 못한 상태에서는 결코 좋은 점수를 기대할 수 없다. 그러나 출제 가능한 형사판례의 수는 약 2만개 가량이나 되고, 매년 100여개 이상의 새로운 판례가 추가되는 상황에서 이 방대한 양의 형법판례를 정리한다는 것은 정말로 매우 어려운 일이다.
그렇지만 최근의 출제경향을 분석해 보면 효과적인 방법이 없는 것은 아니다. 형법이론적으로 중요한 논점과 관련된 판례는 오래된 판례일지라도 꾸준히 출제된다. 그러나 판례가 많이 나오는 부분에 대해서는 오래된 판례보다는 최근판례의 출제비중이 높고, 그 중에서도 최근 3년간 판례들의 출제비중이 압도적으로 높다. 따라서 시험에 임박한 시점에서는 최근 3년간의 형법판례를 집중적으로 정리해도 판례문제의 상당부분이 커버될 수 있다.
판례의 분량이 많다 보니까 최근에는 판례의 내용도 모르면서 몇 개의 단어로 판례를 압축해서 무조건 암기하는 수험경향이 등장하기도 한 것 같은데, 정말로 개탄스러운 일이 아닐 수 없다. 판례의 사실관계와 다투어졌던 쟁점, 그리고 그에 대한 대법원의 입장 등을 이해하지 못하고서 무조건 암기하는 것은 아무것도 모르고 합격하겠다는 것과 마찬가지이다. 혹시 그런 방법으로 요행히 합격을 했을지라도 그런 사람이 형사법 실무현장에서 어떻게 공무를 수행할 수 있을지 걱정되지 않을 수 없다.
어쨌든 판례를 공부할 때에는 제일 먼저 어떤 사건이 벌어졌는지 그 판례의 “사실관계”를 파악해야 한다. 두 번째로는 그 판례에서 무엇이 쟁점이 되었는지를 파악해야 한다. 그리고 세 번째로는 그러한 쟁점에 대한 대법원의 입장이 무엇인지를 파악해야 한다. 이런 식으로 이해 위주로 판례를 공부한다면 암기는 저절로 되는 것이다.
최근 대법원 판례의 경향 중 하나는 판결요지가 예전보다 매우 길어졌다는 것이다. 판결의 취지를 국민들에게 상세하게 설명하려는 태도는 좋은 것이지만, 그러나 수험생들에게는 엄청난 부담을 안겨주게 된다. 그래서 본 “3년간 형법판례”에서는 장황한 판결요지를 그 판례를 이해하는데 필수적인 부분만으로 압축하였고, 또한 판례를 간략하게 정리한 “판례핵심요약”을 매 문제마다 뒤에 수록함으로써 최종정리 때 단기간에 정리하는데 사용할 수 있도록 하였다.
아무쪼록 본 “3년간 형법판례”를 효과적으로 활용하여 자신의 꿈을 활짝 펼치는 날이 곧 오기를 진심으로 바란다.
- 목 차 -
1. 형 법 총 론
[1] 죄형법정주의 ································································································· 1
[2] 형법의 시간적 적용범위 ················································································· 10
[3] 부작위범 ······································································································ 12
[4] 인과관계와 객관적 귀속 ················································································· 14
[5] 구성요건적 고의 ··························································································· 15
[6] 과실범 ········································································································· 15
[7] 위법성론 ······································································································· 16
[8] 책임론 ········································································································· 19
[9] 미수론 ········································································································· 20
[10] 정범 및 공범론 ··························································································· 20
[11] 일 죄 ········································································································· 24
[12] 수 죄 ········································································································· 26
[13] 형벌론 ········································································································ 28
2. 형 법 각 론
[1] 상해와 폭행의 죄 ··························································································· 31
[2] 강요의 죄 ····································································································· 32
[3] 약취·유인 및 인신매매의 죄 ············································································ 33
[4] 강간과 추행의 죄 ··························································································· 34
[5] 명예에 관한 죄 ······························································································ 38
[6] 신용·업무와 경매에 관한 죄 ············································································ 42
[7] 주거침입의 죄 ······························································································· 46
[8] 재산죄의 기본개념 ························································································· 47
[9] 절도의 죄 ····································································································· 48
[10] 강도의 죄 ··································································································· 49
[11] 사기의 죄 ··································································································· 51
[12] 공갈의 죄 ··································································································· 56
[13] 횡령의 죄 ··································································································· 58
[14] 배임의 죄 ··································································································· 63
[15] 권리행사를 방해하는 죄 ················································································ 73
[16] 공안을 해하는 죄 ························································································· 75
[17] 방화와 실화의 죄 ························································································· 75
[18] 통화에 관한 죄 ···························································································· 76
[19] 문서에 관한 죄 ···························································································· 77
[20] 성풍속에 관한 죄 ························································································· 78
[21] 내란의 죄 ··································································································· 79
[22] 공무원의 직무에 관한 죄 ·············································································· 81
[23] 공무방해에 관한 죄 ······················································································ 87
[24] 도주와 범인은닉의 죄 ··················································································· 92
[25] 위증과 증거인멸의 죄 ··················································································· 93
[26] 무고의 죄 ··································································································· 94
2013년 1월~2015년 11월 판례공보·미간행판례 및 핵심요약
본 교재는 2012년, 2013년, 2014년(10월 판례까지)에 나온 형법 판례를 정리한 것이다.
최근에 어떤 시험을 불문하고 형법문제 중 가장 많은 비중을 차지하고 있는 것은 판례이다. 그러므로 판례를 제대로 정리하지 못한 상태에서는 결코 좋은 점수를 기대할 수 없다. 그러나 출제 가능한 형사판례의 수는 약 2만개 가량이나 되고, 매년 100여개 이상의 새로운 판례가 추가되는 상황에서 이 방대한 양의 형법판례를 정리한다는 것은 정말로 매우 어려운 일이다.
그렇지만 최근의 출제경향을 분석해 보면 효과적인 방법이 없는 것은 아니다. 형법이론적으로 중요한 논점과 관련된 판례는 오래된 판례일지라도 꾸준히 출제된다. 그러나 판례가 많이 나오는 부분에 대해서는 오래된 판례보다는 최근판례의 출제비중이 높고, 그 중에서도 최근 3년간 판례들의 출제비중이 압도적으로 높다. 따라서 시험에 임박한 시점에서는 최근 3년간의 형법판례를 집중적으로 정리해도 판례문제의 상당부분이 커버될 수 있다.
판례의 분량이 많다 보니까 최근에는 판례의 내용도 모르면서 몇 개의 단어로 판례를 압축해서 무조건 암기하는 수험경향이 등장하기도 한 것 같은데, 정말로 개탄스러운 일이 아닐 수 없다. 판례의 사실관계와 다투어졌던 쟁점, 그리고 그에 대한 대법원의 입장 등을 이해하지 못하고서 무조건 암기하는 것은 아무것도 모르고 합격하겠다는 것과 마찬가지이다. 혹시 그런 방법으로 요행히 합격을 했을지라도 그런 사람이 형사법 실무현장에서 어떻게 공무를 수행할 수 있을지 걱정되지 않을 수 없다.
어쨌든 판례를 공부할 때에는 제일 먼저 어떤 사건이 벌어졌는지 그 판례의 “사실관계”를 파악해야 한다. 두 번째로는 그 판례에서 무엇이 쟁점이 되었는지를 파악해야 한다. 그리고 세 번째로는 그러한 쟁점에 대한 대법원의 입장이 무엇인지를 파악해야 한다. 이런 식으로 이해 위주로 판례를 공부한다면 암기는 저절로 되는 것이다.
최근 대법원 판례의 경향 중 하나는 판결요지가 예전보다 매우 길어졌다는 것이다. 판결의 취지를 국민들에게 상세하게 설명하려는 태도는 좋은 것이지만, 그러나 수험생들에게는 엄청난 부담을 안겨주게 된다. 그래서 본 “3년간 형법판례”에서는 장황한 판결요지를 그 판례를 이해하는데 필수적인 부분만으로 압축하였고, 또한 판례를 간략하게 정리한 “판례핵심요약”을 매 문제마다 뒤에 수록함으로써 최종정리 때 단기간에 정리하는데 사용할 수 있도록 하였다.
아무쪼록 본 “3년간 형법판례”를 효과적으로 활용하여 자신의 꿈을 활짝 펼치는 날이 곧 오기를 진심으로 바란다.
- 목 차 -
1. 형 법 총 론
[1] 죄형법정주의 ································································································· 1
[2] 형법의 시간적 적용범위 ················································································· 10
[3] 부작위범 ······································································································ 12
[4] 인과관계와 객관적 귀속 ················································································· 14
[5] 구성요건적 고의 ··························································································· 15
[6] 과실범 ········································································································· 15
[7] 위법성론 ······································································································· 16
[8] 책임론 ········································································································· 19
[9] 미수론 ········································································································· 20
[10] 정범 및 공범론 ··························································································· 20
[11] 일 죄 ········································································································· 24
[12] 수 죄 ········································································································· 26
[13] 형벌론 ········································································································ 28
2. 형 법 각 론
[1] 상해와 폭행의 죄 ··························································································· 31
[2] 강요의 죄 ····································································································· 32
[3] 약취·유인 및 인신매매의 죄 ············································································ 33
[4] 강간과 추행의 죄 ··························································································· 34
[5] 명예에 관한 죄 ······························································································ 38
[6] 신용·업무와 경매에 관한 죄 ············································································ 42
[7] 주거침입의 죄 ······························································································· 46
[8] 재산죄의 기본개념 ························································································· 47
[9] 절도의 죄 ····································································································· 48
[10] 강도의 죄 ··································································································· 49
[11] 사기의 죄 ··································································································· 51
[12] 공갈의 죄 ··································································································· 56
[13] 횡령의 죄 ··································································································· 58
[14] 배임의 죄 ··································································································· 63
[15] 권리행사를 방해하는 죄 ················································································ 73
[16] 공안을 해하는 죄 ························································································· 75
[17] 방화와 실화의 죄 ························································································· 75
[18] 통화에 관한 죄 ···························································································· 76
[19] 문서에 관한 죄 ···························································································· 77
[20] 성풍속에 관한 죄 ························································································· 78
[21] 내란의 죄 ··································································································· 79
[22] 공무원의 직무에 관한 죄 ·············································································· 81
[23] 공무방해에 관한 죄 ······················································································ 87
[24] 도주와 범인은닉의 죄 ··················································································· 92
[25] 위증과 증거인멸의 죄 ··················································································· 93
[26] 무고의 죄 ··································································································· 94
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