- 책 소개 -

2017년판 형법사례의 맥은 2016년판을 수정 증보한 것이다. ‘개정판’이 아니라 ‘수정 증보판’을 낸것은 가급적 개정폭을 줄여서 2016년판을 가진 수험생들이 공부의 연속성을 갖는데 지장이 없도록하기 위함이다.
그럼에도 2017판 형법 사례의 맥은 2016년의 형법 개정내용 및 2016년의 폭처법 및 특가법의 개정내용을 모두 반영하였으며, 2016년 5월의 중간생략등기형 명의신탁에 관한 판례의 변경을 모두 반영하였다. 또한 사례와 해설의 기본틀을 변경하지 않는 선에서 문구를 보다 수험적합적으로 변경하였다. 그리고 2016년 상하반기 판례와 2017년의 일부 상반기 판례는 모두 일괄적으로 제4편에서 소개하였다.
사례형 시험의 경우 본 교재의 답안 작성 방식이 옳았음은 이미 많은 합격자가 증명해주고 있다.
여러 수험생들이 어려운 사례형 대비 공부를 함에 있어 본 교재가 친절한 길잡이가 되기를 기원한다.
2017년 2월 17일
저자 이 용 배
••• 2017년판 형법 사례의 맥의 특징
1. 제4편이 추가된 것을 제외하고는 전년도판의 사례문제와 해설의 기본틀을 유지하였다.
2. 2016년의 형법 개정내용 및 2016년의 폭처법 및 특가법의 개정내용을 모두 반영하였다.
3. 최근에 변경된 판례내용을 모두 반영하여 해설을 수정하였다.
4. 사례형을 공부하는 수험생의 경우 최근 1년간 중요 판례를 살필 기회가 별로 없다는 점을 고려하여 제4편에 시험에 출제될 수 있는 2016년 및 2017년 중요판례를 별도로 선별정리하여 두었다.
5. 2017년판 교재로 2016년에 진행된 동영상 강의를 수강함에 전혀 지장이 없도록 하였다.
6. 2017년판 교재에 의한 새로운 설강여부는 학원 홈페이지나 개인홈페이지에 공지할 예정이다.

[본 교재의 기본적 특징]
첫째로 제1편에서 기출문제 해설을 통하여 ‘교수님의 채점 강평’과 ‘저자의 답안 구성방법론’을 직접독자들이 접할 수 있도록 하였다.
둘째로 제2편에서 저자의 2차 강좌의 실제 수강생들의 답안에 대한 채점평을 소개하여 어떠한 답안이 득점할 수 있는지를 독자들이 실전적으로 알 수 있도록 하였다.
셋째로 제3편의 종합 사례형은 기존의 사례문제를 참고하지 않고 저자가 새로이 구성한 것이어서기존의 사례집을 가지고 있는 독자들에게도 ‘새로운 문제’를 접할 수 있는 기회가 될 것이다.


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- 목 차 -

제 편 최근 1 기출문제 분석과 합격답안 작성방법론
[사례 01] 2013년(변시 03회) 기출문제·········································································· 06
도박장소개설죄, 불법원인급여와 사기죄, 상습도박죄, 공범과 신분,
범인도피죄 및 친족간의 특례규정, 자기도피교사, 공무집행방해죄, 무고죄의
허위신고의 범위
[사례 02] 2011년(사시 53회) 기출문제·········································································· 18
불능미수의 중지미수 인정여부, 간접정범(피이용자의 객체의 착오),
구성요건착오, 죄수론(포괄일죄의 요건)
[사례 03] 2015년(변시 04회) 기출문제·········································································· 28
결과적 가중범의 공동정범의 성립 인정여부, 공문서위조죄 및 동행사죄,
사자명의의 문서, 주거침입죄, 컴퓨터사용사기죄, 특수절도죄,
직불카드부정사용죄
[사례 04] 2011년(변호사 시험 01회) 기출문제························································· 38
준강도에 의한 강도상해죄, 특수공무집행방해치상죄(부진정결과적 가중범)
신용카드범죄, 승계적 공동정범
[사례 05] 2011년(사시 53회) 기출문제·········································································· 50
수뢰죄, 증거인멸죄, 허위공문서작성죄 및 동행사죄(직무유기죄의 성부),
자기증거인멸교사
[사례 06] 2012년(변시 02회) 기출문제·········································································· 58
폭처법위반(공동주거침입)죄, 특수절도죄(합동범, 합동범의 공동정범), 장물죄,
위증죄, 증거위조죄
[사례 07] 2011년(사시 53회) 기출문제·········································································· 68
장물취득죄(대체장물의 장물성. 환전통화의 장물성),
준강도죄(기수와 미수의 판단기준)
5
[사례 08] 2015년(변시 04회) 기출문제·········································································· 76
과다지급금의 영득과 사기죄의 성립여부, 횡령죄와 불가벌적 사후행위,
명의수탁부동산의 임의처분과 그 법적효과, 부동산의 이중매매의 법적효과
[사례 09] 2012년(사시 54회) 기출문제·········································································· 86
사문서위조죄(사자명의의 문서)
위조사문서행사죄(이미지 및 이미지파일의 문서성, 행사의 방법)
[사례 10] 2012년(사시 54회) 기출문제·········································································· 94
업무상횡령죄(보관자 지위. 불법영득의사, 공동정범의 성립요건)
공범과 신분, 장물취득죄
제2편 쟁점의 추출방법과 실제답안의 채점평
[사례 11] 순환 모의고사와 답안채점평········································································ 102
협박죄(기수의 요건, 제3자의 범위) 예비중지, 타인예비
예비의 종범, 공갈죄(처분행위)
[사례 12] 순환 모의고사와 답안채점평········································································ 114
주거침입죄 (고의, 기수시기), 문서죄(가명사용사건), 유기죄(계약상
보호의무의 범위), 장물알선죄(기수시기), 장물취득죄(사취송금인출사건)
[사례 13] 순환 모의고사와 답안채점평········································································ 126
과다지급금의 영득과 사기죄의 성립여부, 유가증권위조죄
유가증권변조죄, 증거인멸죄, 공갈죄와 뇌물죄의 관계
6
제3편 종합 사례형 연습
[사례 14] 종합 사례형 연습································································································· 140
낙태의 의의, 영아살해죄, 공범과 신분, 공갈죄, 교사범의 이탈, 결과적
가중범의 미수
[사례 15] 종합 사례형 연습································································································· 150
입목절취와 절도죄의 기수시기
실화죄(유추해석금지원칙), 공문서부정행사죄(소금효금지원칙)
[사례 16] 종합 사례형 연습································································································· 160
무권한자의 리프트 탑승권 작성, 반출 및 매도행위에 대한 죄책, 금제품의
장물성, 업무방해죄의 업무에 공무가 포함될 수 있는지 여부, 장래의 사실의
적시와 명예훼손죄의 성립가능성
[사례 17] 종합 사례형 연습································································································· 170
특수절도죄의 흉기의 의미, 날치기와 강도치상죄의 성부,
자동차등불법사용죄, 교사범의 성립요건, 공범과 신분
[사례 18] 종합 사례형 연습································································································· 182
인과관계와 객관적 귀속, 업무상과실치상죄
부작위범(보증인 지위와 의무의 착오), 정당방위, 긴급피난
[사례 19] 종합 사례형 연습································································································· 192
사자의 점유, 신용카드범죄, 사자명의의 문서
[사례 20] 종합 사례형 연습································································································· 200
공갈죄(타인소유), 웅덩이 사건, 결과적 가중범의 공범
[사례 21] 종합 사례형 연습································································································· 208
사자명의의 문서, 사자상대소송과 소송사기죄의 성부, 공모관계이탈,
고속버스 유실물의 점유관계
7
[사례 22] 종합 사례형 연습································································································· 216
강간죄와 절도죄(원인에 있어서 자유로운 행위), 공모관계이탈, 위증죄,
공범과 신분
[사례 23] 종합 사례형 연습································································································· 226
실패한 교사, 중지미수(성립요건, 효과의 일신전속성), 무고죄의 허위사실의
의미(공범자의 다른 공범자에 대한 신고), 범인은닉죄와 교사범, 예비의
중지범의 인정여부, 예비의 종범의 인정여부
[사례 24] 종합 사례형 연습································································································· 236
업무방해죄(위력 및 업무의 범위), 부진정 결과적 가중범(인정여부 및 죄수)
필요적 공범과 교사범의 성립여부
[사례 25] 종합 사례형 연습································································································· 246
형법 제62조 제1항의 해석론(유추해석금지 원칙)
(보호관찰과 사회봉사 또는 수강명령의 중복부과의 허용여부)
[사례 26] 종합 사례형 연습································································································· 252
배임죄(타인의 사무처리자, 손해), 사기죄(처분행위의 요건),
보험계약체결과 사기죄의 기망 인정요건
[사례 27] 종합 사례형 연습································································································· 262
준강도(기수와 미수의 판단기준), 결과적 가중범의 미수
문서죄(이미지파일사용 사건)무고죄(변호사 징계처분사건),
사자명의문서, 공모관계 이탈, 강도예비죄, 업무방해죄와 공무 포함여부
[사례 28] 종합 사례형 연습································································································· 274
특수절도죄(합동의 의미, 공동정범 성립여부), 공모관계 이탈, 채무면탈살인과
강도살인죄의 성립여부, 사자의 점유와 상속인의 점유 인정여부
[사례 29] 종합 사례형 연습································································································· 284
강간죄(객체), 성폭법상의 강간치상죄, 오상방위, 중상해죄, 간접정범, 교사범
8
[사례 30] 종합 사례형 연습································································································· 294
상해의 동시범의 특례규정의 해석론, 원인에 있어서 자유로운 행위, 위전착
[사례 31] 종합 사례형 연습································································································· 304
출판물에 의한 명예훼손죄(출판물의 의미)
제310조의 위법성조각사유의 전제사실의 착오
[사례 32] 종합 사례형 연습································································································· 312
명의수탁자의 임의처분의 법적효과 및 불가벌적 사후행위, 계약명의신탁,
임대차보증금의 임의영득에 대한 죄책
[사례 33] 종합 사례형 연습································································································· 322
책략절도, 준강도상해, 특수공무방해치상, 상속점유, 승계적 공동정범
장물죄
[사례 34] 종합 사례형 연습································································································· 332
준강도죄(기수와 미수의 판단기준, 처벌기준), 공무상비밀누설죄,
공정증서원본부실기재죄
[사례 35] 종합 사례형 연습································································································· 342
예비의 중지, 야간주거침입절도죄, 컴퓨터사용사기죄
불가벌적 사후행위, 교사의 착오, 장물죄, 무고죄
[사례 36] 종합 사례형 연습································································································· 352
도박죄, 공범과 신분, 무고죄, 증언거부권의 불고지와 무고죄,
업무방해죄(공무의 포함여부)
[사례 37] 종합 사례형 연습································································································· 362
준강도죄, 강도치사죄(결가적 가중범의 미수), 공범의 착오, 업무상배임죄의
공동정범
9
[사례 38] 종합 사례형 연습································································································· 372
제263조의 적용범위, 준강도죄, 업무방해죄(업무의 범위), 사기도박,
공모관계이탈
[사례 39] 종합 사례형 연습································································································· 382
자기소유일반물건방화죄, 연소죄, 주거침입죄, 감금죄, 강간치상죄
[사례 40] 종합 사례형 연습································································································· 388
범인도피죄의 교사범의 성립여부, 일반물건방화죄, 일반건조물방화죄
교통방해치사상죄(인과관계), 증거위조죄
[사례 41] 종합 사례형 연습································································································· 396
증뢰물전달죄, 소송사기죄, 위계에 의한 공무집행방해죄
공정증서원본부실기재죄, 불법원인급여(횡령죄 및 사기죄의 성립여부)
[사례 42] 종합 사례형 연습································································································· 404
계약명의신탁에 있어서 매도인이 악의인 경우 명의수탁자의 임의처분의
법적 효과, 공갈죄와 부작위에 의한 처분행위
[사례 43] 종합 사례형 연습································································································· 410
판례의 변경과 소급효금지원칙, 공문서부정행사죄
[사례 44] 종합 사례형 연습································································································· 418
예비죄의 중지범의 인정여부, 예비죄의 종범의 성립여부, 불법영득의사의
객체, 부진정 결과적 가중범
[사례 45] 종합 사례형 연습································································································· 428
배임죄(동산의 이중양도), 준강도죄(기미수 판단기준 및 처벌기준),
범인은닉죄(진범인 요부, 친족간의 특례규정, 자기은닉교사)
[사례 46] 종합 사례형 연습································································································· 436
증거변조죄(타인의 형사사건에 관한 증거의 의미, 교사범, 간접정범),
횡령죄(계약명의신탁 매도인이 악의인 경우), 불능미수
10
[사례 47] 종합 사례형 연습································································································· 446
무고죄, 횡령죄, 배임죄, 사문서위조죄, 필요적 공범(공무상비밀누설죄)
제4편 2016년 및 2017년 중요판례 정리
[판례색인] ······································································································································· 475
11​