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‘최단기 최종정리’에 대해서…
첫째, 출제가 집중되는 중요부분 총정리
시험일이 근접한 시점에서 가장 효율적인 공부방법은 중요부분을 중심으로 신속하게 정리를 하는 것이다. 중요부분이란 출제가 자주 되는 부분일 것이다. 이에 본서는 변호사시험, 경찰·검찰·법원 관련 시험의 기출문제에 대한 치밀한 분석을 기초로 출제가 자주 되는 중요부분들을 선택하여 기본서의 체계에 따라 정리를 하였으므로 최종정리를 하는데 최적의 교재가 될 것이다. 중요도는 출제가능성을 고려하여 별표로 표시하였다(★, ★★, ★★★).
둘째, 출제 가능한 최신판례 추가
기출문제만 가지고 공부를 할 경우에는 ‘사각지대’가 발생한다는 문제점이 있다. 그 사각지대란 바로 아직 출제될 시간이 없었던 최신판례이다. 이에 본서에서는 최근 3년간의 판례 중에서 아직 출제되지는 않았지만 출제가능성이 높은 판례들도 같이 정리함으로써 보다 완벽한 최종정리가 될 수 있도록 하였다(<최신>이라고 표시). 2020~2021년에는 종래의 입장을 변경한 대법원 ‘전원합의체 판결’들이 많이 나왔는데, 이들도 모두 반영하였다. 최신판례는 2021년 8월 판례공보까지 반영하였다.
셋째, 2021.12.9.부터 시행되는 개정형법 반영
2021.12.9.부터 시행되는 개정형법은 내용상의 변경은 거의 없고 단지 일부 어려운 한자어를 보다 알기 쉽게 풀어놓은 것에 불과하다(예; 농아자→청각 및 언어 장애인). 그러나 기존의 판례는 개정 전의 형법에 따른 표현을 사용하므로 개정 전의 표현도 알 필요가 있기 때문에 크게 변경된 개정형법의 표현은 괄호 안에 표시하였다.
넷째, 시험 직전 하루에 정리할 수 있도록 준비해야…
본서를 볼 때에는 정답과 해설을 가린 상태에서 개별적인 지문을 정독해서 틀린 것이나 잘 모르는 것에 대해서는 “” 표시를 해야 한다. “”된 부분들이 바로 취약부분이고 고득점을 가로막는 장애물이다. 그러므로 시험 직전에는 “”된 부분을 중심으로 속독으로 1일 만에 정리하는 것이 매우 중요하다. 시험 직전에 본 것일수록 시험장에서 생각이 잘 난다.
2021년 9월 1일
법학박사 신 호 진
1. 형법의 기본개념 ································································································ 3
2. 죄형법정주의 ····································································································· 4
3. 형법의 시간적 적용범위 ···················································································· 18
4. 형법의 장소적 적용범위 ···················································································· 27
5. 형법의 인적 적용범위 ······················································································· 33
6. 범죄의 의의와 종류 ·························································································· 34
7. 행위의 주체와 객체 ·························································································· 41
8. 구성요건의 일반이론 ························································································ 45
9. 결과반가치와 행위반가치 ·················································································· 47
10. 부작위범 ······································································································· 48
11. 인과관계와 객관적 귀속 ·················································································· 58
12. 구성요건적 고의 ···························································································· 64
13. 구성요건적 착오 ···························································································· 69
14. 과실범 ·········································································································· 76
15. 결과적 가중범 ······························································································· 83
16. 위법성의 일반이론 ························································································· 93
17. 정당방위 ······································································································· 96
18. 긴급피난 ····································································································· 103
19. 자구행위 ····································································································· 108
20. 피해자의 승낙 ······························································································ 111
21. 정당행위 ····································································································· 117
22. 책임의 일반이론 ··························································································· 127
23. 책임능력 ····································································································· 130
24. 위법성의 인식과 금지착오 ············································································· 139
25. 기대가능성 ·································································································· 150
26. 미수범의 일반이론 ························································································ 155
27. 장애미수 ····································································································· 157
28. 중지미수 ····································································································· 161
29. 불능미수 ····································································································· 167
30. 예비죄 ········································································································ 172
31. 정범·공범의 일반이론 ···················································································· 175
32. 간접정범 ····································································································· 182
33. 공동정범 ····································································································· 187
34. 교사범 ········································································································ 199
35. 종 범 ·········································································································· 205
36. 공범과 신분 ································································································· 209
37. 죄수의 일반이론 ··························································································· 215
38. 일 죄 ·········································································································· 217
39. 수 죄 ·········································································································· 225
40. 형벌의 종류 ································································································· 233
41. 형의 양정 ···································································································· 238
42. 누 범 ·········································································································· 244
43. 집행유예·선고유예·가석방 ·············································································· 247
44. 형의 시효·소멸·기간 ······················································································ 255
45. 보안처분 ····································································································· 258
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