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형법상품 상세설명
- 책 소개 -
‘OX로 정리하는 MASTER형법’에 대해서
“OX로 정리하는 MASTER형법”은 여러 국가고시에서 형법 기본서로서의 역할을 해온 편저자의 “MASTER형법”을 단기간에 효율적으로 정리할 수 있도록 만들어진 교재이다. 본 교재는 일반경찰, 경찰간부, 경찰승진시험, 검찰 7·9급채용시험, 검찰전직·승진시험, 법원직시험 등에서 최종정리용 교재로 이용될 수 있을 것이다. 이하에서는 본서의 내용과 이용방법에 대해서 설명하고자 한다.
1. 형법이론을 효율적으로 정리하는 방법
경찰 및 법원 관련시험에서는 이론이 그다지 많이 출제되지는 않지만, 경우에 따라서는 이론의 출제비중이 갑자기 높아져서 수험생들을 당황하게 하는 경우가 있다. 그러나 검찰 관련 시험에서는 이론의 출제비중이 다른 시험보다는 높은 편이다. 이처럼 이론이 판례보다는 출제비중이 낮기는 하지만 전혀 출제가 안 되는 것이 아니므로 치열한 경쟁 속에서 남보다 좋은 점수를 받기 위해서는 이론에 대해서도 반드시 공부를 해야만 한다. 그러나 이론은 그 범위가 너무 방대하고 난해해서 욕심을 부릴 경우에는 자칫 비경제적인 시험공부가 될 위험이 있다. 그런데 경찰·검찰·법원 관련 시험에서 출제되었던 이론문제들을 분석해 보면 대부분이 사법시험이나 변호사시험 기출문제 중에서 일부 지문을 그대로 차용해 온 것을 발견할 수 있다. 따라서 이론에 대해서 가장 효율적으로 준비를 할 수 있는 방법은 사법시험이나 변호사시험에서 출제된 내용을 중심으로 공부하는 방법이 될 것이다. 이에 본서에서는 2000년 이후의 사법시험 기출문제, 2012년 이후의 변호사시험 기출문제와 법전협 모의고사문제, 그리고 경찰·검찰·법원 관련 시험의 기출문제를 기초로 하여 여기서 출제된 이론문제를 지문별로 분해하여 MASTER형법의 목차순서대로 재배열을 하였다. 이 점에서 본서는 비록 OX문제집의 형태를 취했지만, MASTER형법의 내용 중에서 출제가능성이 높은 중요부분을 체계적으로 정리해 놓은 SUB-NOTE라고 할 수 있다.
2. 형법판례를 효율적으로 정리하는 방법
최근에는 어떤 시험이든지 판례의 비중이 매우 높은데, 방대한 분량의 판례를 어떻게 효율적으로 정리할 것인지가 문제된다. 본서는 이에 대한 대책도 역시 “기출문제”에서 찾았다. 그래서 최근 5년간의 사법시험과 변호사시험 및 법전협 모의고사에서 출제되었던 판례와 경찰, 검찰, 법원 등의 국가고시 최근 3년간의 기출문제에서 출제되었던 판례를 기본서의 체계적 순서에 따라서 재배열을 하였다. 이론과 달리 판례는 최근 5년간의 기출판례로 그 범위를 좁힌 이유는 너무 범위를 넓힐 경우에는 출제가능성이 낮은 오래된 판례들이 많이 반영될 위험성이 있기 때문이다. 어쨌든 이 정도의 범위에서 출제되었던 판례는 앞으로도 출제가능성이 클 것이고, 반대로 이 정도의 범위에서 출제되지 않았던 판례는 앞으로도 출제가능성이 낮을 것이다.
그런데 기출판례를 중시할 경우에는 간과되기 쉬운 사각지대가 있음을 주의할 필요가 있다. 그것은 바로 “최신판례”들이다. 최신판례일수록 출제가능성이 매우 높은데, 이러한 최신판례들은 나온 지 얼마 안 되어서 아직 문제로 출제될 기회가 별로 없었기 때문에 기출문제에 충분히 반영되어 있지 않다. 이에 본서에서는 “기본서 정리” 다음에 “3년간 최신판례”를 별도로 정리하여 최신판례의 높은 출제가능성에 완벽하게 대비할 수 있도록 하였다. 최신판례는 본서에 수록될 수 없는 시험일 직전까지의 것도 공부해야 하는데, 편저자는 7월 경 2016년 1월부터 6월까지의 최신판례를 정리한 자료와 그에 대한 해설강의를 계획하고 있고, 그 이후부터의 판례도 지속적으로 업데이트를 할 예정이니 편저자의 홈페이지를 참고해서 중요한 최신판례에 대한 정보를 놓치지 않았으면 한다.
3. 중요부분에 집중하는 것이 고득점의 비결
시험공부를 할 때 “빠짐없이” 공부하는 것은 당연히 필요하며, 특히 초보자의 경우에는 전체적인 내용의 이해를 위해서도 이 과정은 필수적인 것이다. 그러나 어느 정도 공부가 된 후 시험이 가까운 시점에서는 빠짐없이 공부하는 것보다는 “중요한 부분에 집중”하는 것이 훨씬 더 효율적이고, 본서는 바로 여기에 그 출간의 취지가 있다. 그런데 본서를 읽을 때에는 항상 기본서(편저자의 형법요론, MASTER형법 등)를 옆에 두고 본서의 해설만으로는 이해가 안 되거나 좀 더 기억을 되살릴 부분이 있을 경우에는 항상 기본서를 펼쳐서 해당 부분을 발췌해서 읽어야 한다 . 이렇게 본서에 담긴 지문 하나 하나를 철저하게 소화하고, 다시 수차례 반복한다면 도리어 기본서에 대한 이해도도 더욱 높아질 것이고, 의외의 문제에 대한 대처능력도 크게 향상될 것이다. 한편 지문별로 중요도를 3단계로 나누어 표시( ★, ★★, ★★★ )하였으므로 평소의 학습에 강약을 둘 수 있고 또 최종정리시에 큰 도움이 될 것이다. 특히 시험 직전에 ★★★표시된 것들을 빨리 훑어본다면 최소 1~2문제는 더 맞을 수 있을 것이다.
본서의 출간을 위해서 작년부터 많은 시간과 노력을 들였는데, 본서의 특징과 취지를 잘 이해하고, 효율적인 활용을 통해서 합격의 영광을 누리기를 간절히 기원한다.
2016. 5. 24.
신 호진
- 목 차 -
1. 형법의 의의·성격·기능 ······················································································ 3
2. 죄형법정주의 ··································································································· 5
3. 형법이론 ········································································································ 27
4. 형법의 시간적 적용범위 ··················································································· 29
5. 형법의 장소적 적용범위 ··················································································· 38
6. 형법의 인적 적용범위 ······················································································ 44
7. 범죄의 의의와 종류 ························································································· 46
8. 행위론 ··········································································································· 52
9. 범죄체계론 ····································································································· 54
10. 행위의 주체와 객체 ······················································································· 56
11. 구성요건의 일반이론 ····················································································· 62
12. 결과반가치와 행위반가치 ··············································································· 65
13. 부작위범 ······································································································ 66
14. 인과관계와 객관적 귀속 ················································································· 77
15. 구성요건적 고의 ··························································································· 85
16. 구성요건적 착오 ··························································································· 92
17. 과실범 ········································································································ 98
18. 결과적 가중범 ····························································································· 109
19. 위법성의 일반이론 ······················································································· 119
20. 정당방위 ···································································································· 123
21. 긴급피난 ···································································································· 134
22. 자구행위 ···································································································· 142
23. 피해자의 승낙 ····························································································· 146
24. 정당행위 ···································································································· 154
25. 책임의 일반이론 ························································································· 165
26. 책임능력 ····································································································· 169
27. 위법성의 인식과 금지착오 ············································································ 179
28. 기대가능성 ································································································· 191
29. 미수범의 일반이론 ······················································································· 197
30. 장애미수 ···································································································· 199
31. 중지미수 ···································································································· 204
32. 불능미수 ···································································································· 213
33. 예비죄 ········································································································ 220
34. 정범·공범의 일반이론 ···················································································· 225
35. 간접정범 ···································································································· 234
36. 공동정범 ···································································································· 240
37. 교사범 ······································································································· 254
38. 종 범 ········································································································· 264
39. 공범과 신분 ································································································ 271
40. 죄수의 일반이론 ·························································································· 277
41. 일 죄 ········································································································· 280
42. 수 죄 ········································································································· 292
43. 형벌의 종류 ································································································ 302
44. 형의 양정 ··································································································· 309
45. 누 범 ········································································································· 316
46. 집행유예·선고유예·가석방 ··········································································· 319
47. 형의 시효·소멸·기간 ···················································································· 328
48. 보안처분 ··································································································· 331
‘OX로 정리하는 MASTER형법’에 대해서
“OX로 정리하는 MASTER형법”은 여러 국가고시에서 형법 기본서로서의 역할을 해온 편저자의 “MASTER형법”을 단기간에 효율적으로 정리할 수 있도록 만들어진 교재이다. 본 교재는 일반경찰, 경찰간부, 경찰승진시험, 검찰 7·9급채용시험, 검찰전직·승진시험, 법원직시험 등에서 최종정리용 교재로 이용될 수 있을 것이다. 이하에서는 본서의 내용과 이용방법에 대해서 설명하고자 한다.
1. 형법이론을 효율적으로 정리하는 방법
경찰 및 법원 관련시험에서는 이론이 그다지 많이 출제되지는 않지만, 경우에 따라서는 이론의 출제비중이 갑자기 높아져서 수험생들을 당황하게 하는 경우가 있다. 그러나 검찰 관련 시험에서는 이론의 출제비중이 다른 시험보다는 높은 편이다. 이처럼 이론이 판례보다는 출제비중이 낮기는 하지만 전혀 출제가 안 되는 것이 아니므로 치열한 경쟁 속에서 남보다 좋은 점수를 받기 위해서는 이론에 대해서도 반드시 공부를 해야만 한다. 그러나 이론은 그 범위가 너무 방대하고 난해해서 욕심을 부릴 경우에는 자칫 비경제적인 시험공부가 될 위험이 있다. 그런데 경찰·검찰·법원 관련 시험에서 출제되었던 이론문제들을 분석해 보면 대부분이 사법시험이나 변호사시험 기출문제 중에서 일부 지문을 그대로 차용해 온 것을 발견할 수 있다. 따라서 이론에 대해서 가장 효율적으로 준비를 할 수 있는 방법은 사법시험이나 변호사시험에서 출제된 내용을 중심으로 공부하는 방법이 될 것이다. 이에 본서에서는 2000년 이후의 사법시험 기출문제, 2012년 이후의 변호사시험 기출문제와 법전협 모의고사문제, 그리고 경찰·검찰·법원 관련 시험의 기출문제를 기초로 하여 여기서 출제된 이론문제를 지문별로 분해하여 MASTER형법의 목차순서대로 재배열을 하였다. 이 점에서 본서는 비록 OX문제집의 형태를 취했지만, MASTER형법의 내용 중에서 출제가능성이 높은 중요부분을 체계적으로 정리해 놓은 SUB-NOTE라고 할 수 있다.
2. 형법판례를 효율적으로 정리하는 방법
최근에는 어떤 시험이든지 판례의 비중이 매우 높은데, 방대한 분량의 판례를 어떻게 효율적으로 정리할 것인지가 문제된다. 본서는 이에 대한 대책도 역시 “기출문제”에서 찾았다. 그래서 최근 5년간의 사법시험과 변호사시험 및 법전협 모의고사에서 출제되었던 판례와 경찰, 검찰, 법원 등의 국가고시 최근 3년간의 기출문제에서 출제되었던 판례를 기본서의 체계적 순서에 따라서 재배열을 하였다. 이론과 달리 판례는 최근 5년간의 기출판례로 그 범위를 좁힌 이유는 너무 범위를 넓힐 경우에는 출제가능성이 낮은 오래된 판례들이 많이 반영될 위험성이 있기 때문이다. 어쨌든 이 정도의 범위에서 출제되었던 판례는 앞으로도 출제가능성이 클 것이고, 반대로 이 정도의 범위에서 출제되지 않았던 판례는 앞으로도 출제가능성이 낮을 것이다.
그런데 기출판례를 중시할 경우에는 간과되기 쉬운 사각지대가 있음을 주의할 필요가 있다. 그것은 바로 “최신판례”들이다. 최신판례일수록 출제가능성이 매우 높은데, 이러한 최신판례들은 나온 지 얼마 안 되어서 아직 문제로 출제될 기회가 별로 없었기 때문에 기출문제에 충분히 반영되어 있지 않다. 이에 본서에서는 “기본서 정리” 다음에 “3년간 최신판례”를 별도로 정리하여 최신판례의 높은 출제가능성에 완벽하게 대비할 수 있도록 하였다. 최신판례는 본서에 수록될 수 없는 시험일 직전까지의 것도 공부해야 하는데, 편저자는 7월 경 2016년 1월부터 6월까지의 최신판례를 정리한 자료와 그에 대한 해설강의를 계획하고 있고, 그 이후부터의 판례도 지속적으로 업데이트를 할 예정이니 편저자의 홈페이지를 참고해서 중요한 최신판례에 대한 정보를 놓치지 않았으면 한다.
3. 중요부분에 집중하는 것이 고득점의 비결
시험공부를 할 때 “빠짐없이” 공부하는 것은 당연히 필요하며, 특히 초보자의 경우에는 전체적인 내용의 이해를 위해서도 이 과정은 필수적인 것이다. 그러나 어느 정도 공부가 된 후 시험이 가까운 시점에서는 빠짐없이 공부하는 것보다는 “중요한 부분에 집중”하는 것이 훨씬 더 효율적이고, 본서는 바로 여기에 그 출간의 취지가 있다. 그런데 본서를 읽을 때에는 항상 기본서(편저자의 형법요론, MASTER형법 등)를 옆에 두고 본서의 해설만으로는 이해가 안 되거나 좀 더 기억을 되살릴 부분이 있을 경우에는 항상 기본서를 펼쳐서 해당 부분을 발췌해서 읽어야 한다 . 이렇게 본서에 담긴 지문 하나 하나를 철저하게 소화하고, 다시 수차례 반복한다면 도리어 기본서에 대한 이해도도 더욱 높아질 것이고, 의외의 문제에 대한 대처능력도 크게 향상될 것이다. 한편 지문별로 중요도를 3단계로 나누어 표시( ★, ★★, ★★★ )하였으므로 평소의 학습에 강약을 둘 수 있고 또 최종정리시에 큰 도움이 될 것이다. 특히 시험 직전에 ★★★표시된 것들을 빨리 훑어본다면 최소 1~2문제는 더 맞을 수 있을 것이다.
본서의 출간을 위해서 작년부터 많은 시간과 노력을 들였는데, 본서의 특징과 취지를 잘 이해하고, 효율적인 활용을 통해서 합격의 영광을 누리기를 간절히 기원한다.
2016. 5. 24.
신 호진
- 목 차 -
1. 형법의 의의·성격·기능 ······················································································ 3
2. 죄형법정주의 ··································································································· 5
3. 형법이론 ········································································································ 27
4. 형법의 시간적 적용범위 ··················································································· 29
5. 형법의 장소적 적용범위 ··················································································· 38
6. 형법의 인적 적용범위 ······················································································ 44
7. 범죄의 의의와 종류 ························································································· 46
8. 행위론 ··········································································································· 52
9. 범죄체계론 ····································································································· 54
10. 행위의 주체와 객체 ······················································································· 56
11. 구성요건의 일반이론 ····················································································· 62
12. 결과반가치와 행위반가치 ··············································································· 65
13. 부작위범 ······································································································ 66
14. 인과관계와 객관적 귀속 ················································································· 77
15. 구성요건적 고의 ··························································································· 85
16. 구성요건적 착오 ··························································································· 92
17. 과실범 ········································································································ 98
18. 결과적 가중범 ····························································································· 109
19. 위법성의 일반이론 ······················································································· 119
20. 정당방위 ···································································································· 123
21. 긴급피난 ···································································································· 134
22. 자구행위 ···································································································· 142
23. 피해자의 승낙 ····························································································· 146
24. 정당행위 ···································································································· 154
25. 책임의 일반이론 ························································································· 165
26. 책임능력 ····································································································· 169
27. 위법성의 인식과 금지착오 ············································································ 179
28. 기대가능성 ································································································· 191
29. 미수범의 일반이론 ······················································································· 197
30. 장애미수 ···································································································· 199
31. 중지미수 ···································································································· 204
32. 불능미수 ···································································································· 213
33. 예비죄 ········································································································ 220
34. 정범·공범의 일반이론 ···················································································· 225
35. 간접정범 ···································································································· 234
36. 공동정범 ···································································································· 240
37. 교사범 ······································································································· 254
38. 종 범 ········································································································· 264
39. 공범과 신분 ································································································ 271
40. 죄수의 일반이론 ·························································································· 277
41. 일 죄 ········································································································· 280
42. 수 죄 ········································································································· 292
43. 형벌의 종류 ································································································ 302
44. 형의 양정 ··································································································· 309
45. 누 범 ········································································································· 316
46. 집행유예·선고유예·가석방 ··········································································· 319
47. 형의 시효·소멸·기간 ···················································································· 328
48. 보안처분 ··································································································· 331
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◇ 총 합산 금액이 100,000원 이상일 경우에는 배송료가 무료이며, 100,000원 미만은 2500원이 합산되어 부과됩니다.
◇ 제주도 및 도서 지역은 별도의 비용(6,500원)이 청구됩니다. 단, 100,000원 이상 주문시 2,500원 차감된 3,000원이 청구됩니다.◇ 도서는 받으신 후 3일 이내에 교환/반품/환불이 가능하며 전화주시거나 고객님의 변심으 로 인한 교환/환불시에는 왕복 배송비를 부담하셔야 합니다.
◇ 서브노트 및 분철 주문하신 서적 등 상품 특성상 교환이나 환불이 불가능한 상품도 있음을 유의해 주십시오.
◇ 마이페이지의 [교환,환불]란에 신청해 주십시오.
◇ 교환/반품 주소: 서울시 관악구 신림로 28길 81 서점 북라인
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