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2021 주관식시험대비 형법 사례형 판례정리 요약정보 및 구매

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출판사 문형사
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1. 판례의 변경과 소급효금지의 원칙 ············································································ 3

 


2. 유추적용금지의 원칙 ······························································································ 7

 


3. 법인의 범죄능력 ···································································································· 9

 


4. 작위와 부작위의 구별 ··························································································· 12

 


5. 보증인지위의 발생근거 및 미필적 고의 ··································································· 16

 


6. 인과관계와 객관적 귀속 ························································································ 20

 


7. 개괄적 고의와 불능미수 ························································································ 25

 


8. 신뢰의 원칙과 그 적용한계 ··················································································· 29

 


9. 부진정결과적 가중범과 직접성의 원칙 ···································································· 32

 


10. 개괄적 과실과 직접성의 원칙 ··············································································· 37

 


11. 결과적 가중범의 공동정범 ··················································································· 40

 


12. 결과적 가중범의 미수 ························································································· 42

 


13. 주관적 정당화요소를 결여한 경우 ········································································· 45

 


14. 지속적 위험에 대한 정당방위 ··············································································· 46

 


15. 환자의 자기결정권과 의사의 의무 ········································································· 50

 


16. 원인에 있어서 자유로운 행위 ··············································································· 54

 


17. 금지착오와 정당한 이유 ······················································································ 58

 


18. 위법성조각사유의 전제사실에 대한 착오 ······························································· 61

 


19. 위법성조각사유의 전제사실에 대한 착오와 공범 ····················································· 64

 


20. 강요된 행위 ······································································································· 71

 


21. 실행의 착수시기 ································································································· 74

 


22. 중지미수와 자의성의 판단기준 ············································································· 76

 


23. 공범과 중지미수 ································································································· 80

 


24. 불능미수에 대한 중지미수 ··················································································· 82

 


25. 불능미수와 위험성의 판단기준 ············································································· 84

 


26. 예비의 중지 및 예비죄의 종범 ············································································· 87

 


27. 예비죄의 성립요건 ······························································································ 90

 


28. 필요적 공범과 총칙상의 공범규정의 적용여부 ························································ 93

 


29. 간접정범의 성립요건 ··························································································· 95

 


30. 정범 배후의 정범이론 ························································································· 97

 


31. 간접정범과 착오 ································································································· 99

 


32. 승계적 공동정범 ······························································································· 101

 


33. 공동정범과 공동의 실행행위 ·············································································· 105

 


34. 공모관계의 이탈과 공모공동정범 ········································································ 107

 


35. 상해치사죄의 동시범 ························································································· 111

 


36. 합동범의 공동정범 ···························································································· 113

 


37. 교사범과 공범관계로부터의 이탈 ········································································ 118

 


38. 미필적 고의와 교사의 착오 ················································································ 121

 


39. 부작위에 의한 종범 ··························································································· 125

 


40. 목적과 신분 ····································································································· 128

 


41. 진정신분범의 간접정범과 공범 ··········································································· 131

 


42. 부진정신분범과 공범 ························································································· 134

 


43. 불구성적 신분과 공범 ························································································ 137

 


44. 교통사고 관련범죄의 죄수관계 ··········································································· 139

 


45. 불가벌적 사후행위 ···························································································· 142

 


46. ‘범죄행위에 제공한 물건의 의미 ········································································ 146

 


47. 집행유예와 선고유예의 결격사유 ········································································ 149

 


48. 사람의 시기 ····································································································· 152

 


49. 상해의 개념 ····································································································· 155

 


50. ‘폭행’ 및 위험한 물건 휴대의 의미··· ································································ 157

 


51. 유기죄의 보호의무 및 불법영득의사 ···································································· 160

 


52. 협박죄의 객체 및 기수시기 ················································································ 165

 


53. 강요죄의 고의 ·································································································· 169

 


54. 영리목적약취·유인죄와 인질강도죄 ······································································ 171

 


55. 주거침입죄와 강간죄의 관계 ·············································································· 174

 


56. 310조와 진실성에 대한 착오 ··········································································· 176

 


57. 출판물에 의한 명예훼손죄의 간접정범 ································································· 180

 


58. 업무방해죄의 업무와 공무 ·················································································· 184

 


59. 업무방해죄와 명예훼손죄의 관계 ········································································ 187

 


60. 컴퓨터 업무방해죄 ···························································································· 189

 


61. 주거침입죄의 객체와 피해자의 동의 ···································································· 191

 


62. 주거침입죄의 기수시기 ······················································································ 193

 


63. 형법상 재물의 개념 ······················································· 

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