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2017 형법 7년간 판례정리 (2011~2017)

2017 형법 7년간 판례정리 (2011~2017) 요약정보 및 구매

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■ 책 소개 ■

- 형법 7년간 판례정리 -
1. 출제가능성이 높은 최근의 판례 체계적 정리
최근 여러 국가시험의 판례 출제경향을 분석해 보면 단연코 최신판례의 출제비중이
높다. 이에 대비해서 “3년간 판례정리”가 출간되어 있지만, 이것만으로는 최신판례에
대한 대비가 다소 부족한 점이 있어서 다시 보완하여 출간하게 된 것이 “형법 7년간
판례정리”이다. 본서에는 2011년부터 2017년 8월까지 간행된 대법원 판례를 수록하였
다. 특별히 형법 제7조에 관한 2017. 8. 24. 선고된 대법원 전원합의체 판결까지 수록
하였다.
2. 사실관계의 정확한 소개로 판례에 대한 정확한 이해 도모
판례는 개별적이고 구체적인 사건에 대한 대법원의 판단이다. 따라서 판례를 정확하
게 알기 위해서는 먼저 판단의 대상이 되었던 구체적인 사실관계를 알아야 한다. 어떤
사건이었는지도 모르면서 판례의 결론만 암기하려는 것은, 수학에서 문제가 무엇이었는
지도 모르면서 그 정답만 암기하는 것과 같이 무의미하고 어리석은 공부방법이다. 이
에 본서에서는 판례의 사실관계를 상세하게 소개함으로써 판례를 보다 정확하게 이해
할 수 있도록 하였다. 또한 최근에 출제비중이 늘고 있는 사례형 문제에도 적절하게
대비할 수 있도록 하였다.
3. 지문화될 수 있는 부분 Underline으로 객관식 문제 대비
객관식으로 출제되는 판례문제들은 대부분 대법원 ‘판결요지’ 중 일부 문장을 발췌해
서 지문으로 구성하고 있는데, 최근의 대법원 판례는 판결요지가 수 페이지에 이를 정
도로 길고 장황하여 그 중 어느 부분이 지문으로 출제될 수 있는지 수험생의 입장에서
는 가늠하기가 매우 어렵다. 이에 본서에서는 판결요지 자체는 생략하지 않고 전부 수
록하는 것을 원칙으로 하되, 그 중 객관식 지문으로 출제될 가능성이 높은 부분에 대
해서는 Underline을 함으로써 판결요지를 효율적으로 정리할 수 있도록 하였다. 또한
판례의 이해를 위해서 필요하다면 ‘판결이유’도 소개하였다.
본서에 대한 이해와 정리를 위해서 별도의 “강의”도 계획되어 있으므로 본서와 함께
이용한다면 판례에 대한 부담을 대폭적으로 줄일 수 있을 것이다.
2017. 8. 25.
신 호 진

 



 


■ 목 차 ■

[형 법 총 론]

 


[1] 죄형법정주의 ·································································································· 3
[2] 형법의 시간적 적용범위 ················································································· 26
[3] 형법의 장소적 적용범위 ·················································································· 35
[4] 범죄의 의의와 종류 ························································································ 37
[5] 행위의 주체와 객체 ························································································ 38
[6] 부작위범 ······································································································· 39
[7] 인과관계와 객관적 귀속 ·················································································· 43
[8] 구성요건적 고의 ···························································································· 44
[9] 과실범 ·········································································································· 46
[10] 결과적 가중범 ····························································································· 49
[11] 위법성론 ····································································································· 49
[12] 책임론 ········································································································ 57
[13] 미수론 ········································································································ 61
[14] 정범 및 공범론 ···························································································· 62
[15] 죄수론 ········································································································ 74
[16] 형벌론 ········································································································ 80

 


[형 법 각 론]

 


[1] 상해와 폭행의 죄 ··························································································· 91
[2] 과실치사상의 죄 ···························································································· 93
[3] 유기와 학대의 죄 ··························································································· 96
[4] 협박의 죄 ····································································································· 97
[5] 강요의 죄 ····································································································· 98
[6] 체포와 감금의 죄 ··························································································· 98
[7] 약취·유인 및 인신매매의 죄 ·········································································· 100
[8] 강간과 추행의 죄 ························································································· 101
[9] 명예에 관한 죄 ···························································································· 111
[10] 신용·업무와 경매에 관한 죄 ········································································ 120
[11] 주거침입의 죄 ··························································································· 129
[12] 재산죄의 기본개념 ····················································································· 130
[13] 절도의 죄 ·································································································· 134
[14] 강도의 죄 ·································································································· 138
[15] 사기의 죄 ·································································································· 141
[16] 공갈의 죄 ·································································································· 162
[17] 횡령의 죄 ·································································································· 165
[18] 배임의 죄 ·································································································· 189
[19] 장물의 죄 ·································································································· 218
[20] 손괴의 죄 ·································································································· 220
[21] 권리행사를 방해하는 죄 ·············································································· 221
[22] 공안을 해하는 죄 ······················································································· 227
[23] 폭발물에 관한 죄 ······················································································· 229
[24] 방화와 실화의 죄 ······················································································· 230
[25] 교통방해의 죄 ··························································································· 230
[26] 통화에 관한 죄 ·························································································· 231
[27] 유가증권·인지와 우표에 관한 죄 ·································································· 232
[28] 문서에 관한 죄 ·························································································· 234
[29] 인장에 관한 죄 ·························································································· 244
[30] 성풍속에 관한 죄 ······················································································· 245
[31] 도박과 복표에 관한 죄 ··············································································· 246
[32] 신앙에 관한 죄 ·························································································· 248
[33] 내란의 죄 ·································································································· 248
[34] 외환의 죄 ·································································································· 251
[35] 공무원의 직무에 관한 죄 ············································································ 252
[36] 공무방해에 관한 죄 ···················································································· 269
[37] 도주와 범인은닉의 죄 ················································································· 285
[38] 위증과 증거인멸의 죄 ················································································· 287
[39] 무고의 죄 ································································································· 291
참고판례 ····································································································· 298

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