(전2권세트) 2023 신호진 주관식시험대비 형법+형사소송법 사례형 판례정리 문형사

제목: 2023 주관식시험대비 형법 사례형 판례정리

표지:

출판사: 문형사

저자: 신호진

페이지: 537쪽

가격: 27,000원

발행일: 2022년 4월 29일 (출고가능일 4월 29일)

ISBN: 979-11-6687-069-9

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제목: 2023 주관식시험대비 형사소송법 사례형 판례정리

표지:

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출판사: 문형사

저자: 신호진

페이지: 432쪽

가격: 25,000원

발행일: 2022년 5월 19일 (출고가능일 5월 19일)

ISBN: 979-11-6687-073-6

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< 서 문 >

2023년 대비 '형법 사례형 판례정리'에 대해서

"사례형 판례정리"는 변호사시험 사례형 문제를 대비하여 단기간에 효율적으로 중요논점을 정리할 수 있도록 만들어진 교재이다.

1. 사례문제의 기초가 되는 중요판례 총정리

변호사시험 사례형 문제를 분석해 보면 특정의 판례를 기초로 해서 사안을 각색하거나 변형해서 만들어진 것들이 대부분이다. 그러므로 다양하게 변형된 사례문제에 잘 대처하기 위해서는 원래의 판례사안을 정확하게 파악하고 있어야만 한다. 그래서 본서에서는 2012~2022년의 변호사시험과 2001~2017년의 사법시험, 그리고 2011~ 2021년의 5급공채시험, 그리고 최근의 법학전문대학원 모의시험에서 출제되었던 사례문제를 분석하여 출제의 기초가 되었던 원래의 판례사안을 정확하게 소개하고 그와 관련된 논점에 대한 해설을 모범답안 형태로 구성하였다. 또한 최신 중요판례를 사례문제형태로 정리하여 수록함으로써 미기출 판례에도 적절하게 대비할 수 있도록 하였다.

2. 채점기준표에 의거한 모범답안식 해설

답안지에 무엇을 어느 정도로 써야 할 것인가는 결국 채점기준표에 의해서 결정된다. 그래서 본서에서는 사례형 문제에 대한 변호사시험 채점기준표를 참고하여 모범답안 형태의 해설을 함으로써 출제자가 요구하는 것이 어느 정도인가를 정확하게 알 수 있도록 하였다. 다만 동일한 논점일지라도 문제의 형태 및 배점에 따라 서술의 정도가 달라지는 것에 융통성 있게 대처할 수 있도록 하기 위해서 내용은 비교적 상세하게 서술하였다.

3. 관련판례 수록 및 기출사례 해설

출제의 기초가 되었던 판례의 사실관계를 기초로 모범답안식 해설을 한 후에는 그 판례의 판결요지 및 관련 중요판례를 수록하였고, 다시 해당 판례를 기초로 한 기출 사례문제를 소개하고 해설하였다. 특히 후자를 활용하여 연습용 답안지에 기출문제의 형태 및 배점에 따른 답안구성 방법과 서술분량을 조절하는 훈련을 해 본다면 사례형 문제의 답안작성에 대해서 상당한 자신감을 갖게 될 것이다.

본서의 효율적 활용으로 법조인의 꿈을 조속히 실현하기를 바라면서…

2022년 4월 20일

법학박사 신 호 진

< 목 차 >

---형법총론---

1. 양벌규정의 특수기능 및 판례의 변경과 소급효금지의 원칙 ····································· 3

2. 유추해석금지의 원칙 ·························································································· 7

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

4. 작위와 부작위의 구별 ······················································································· 14

5. 보증인지위의 발생근거 및 미필적 고의 ······························································· 18

6. 작위의무에 대한 착오 ······················································································· 22

7. 인과관계와 객관적 귀속 ···················································································· 25

8. 합법적 대체행위이론 ························································································ 31

9. 구성요건적 착오 ······························································································ 33

10. 개괄적 고의와 불능미수 ·················································································· 36

11. 신뢰의 원칙과 그 적용한계 ············································································· 42

12. 부진정결과적 가중범과 직접성의 원칙 ······························································ 46

13. 개괄적 과실과 직접성의 원칙 ·········································································· 53

14. 결과적 가중범의 공동정범 ··············································································· 57

15. 결과적 가중범의 미수 ····················································································· 59

16. 주관적 정당화요소를 결여한 경우 ···································································· 62

17. 지속적 위험에 대한 정당방위 ·········································································· 64

18. 긴급피난과 과잉피난의 성립요건 ······································································ 68

19. 환자의 자기결정권과 의사의 의무 ···································································· 70

20. 교사의 체벌과 정당행위 ·················································································· 74

21. 원인에 있어서 자유로운 행위 ·········································································· 77

22. 금지착오와 정당한 이유 ·················································································· 81

23. 위법성조각사유의 전제사실에 대한 착오 ··························································· 85

24. 위법성조각사유의 전제사실에 대한 착오와 공범 ················································· 88

25. 강요된 행위 ·································································································· 95

26. 실행의 착수시기 ···························································································· 98

27. 중지미수와 자의성의 판단기준 ······································································· 100

28. 불능미수에 대한 중지미수 ············································································· 104

29. 공범과 중지미수 ··························································································· 107

30. 불능미수와 위험성의 판단기준 ······································································· 111

31. 예비의 중지 및 예비죄의 종범 ······································································· 114

32. 예비죄의 성립요건 ························································································ 117

33. 필요적 공범과 총칙상의 공범규정의 적용여부 ·················································· 120

34. 간접정범의 성립요건 ····················································································· 122

35. 정범 배후의 정범이론 ··················································································· 126

36. 간접정범과 착오 ··························································································· 128

37. 승계적 공동정범 ··························································································· 130

38. 공동정범과 공동의 실행행위 ·········································································· 134

39. 공모관계의 이탈과 공모공동정범 ···································································· 136

40. 상해치사죄의 동시범 ····················································································· 141

41. 합동범의 공동정범 ························································································ 144

42. 교사범과 공범관계로부터의 이탈 ···································································· 149

43. 교사의 착오 ································································································· 152

44. 부작위에 의한 종범 ······················································································ 157

45. 목적과 신분 ································································································· 160

46. 진정신분범의 간접정범과 공범 ······································································· 163

47. 부진정신분범과 공범 ····················································································· 166

48. 불구성적 신분과 공범 ··················································································· 170

49. 교통사고 관련범죄의 죄수관계 ······································································· 172

50. 불가벌적 사후행위 ························································································ 175

51. '범죄행위에 제공한 물건'의 의미 ···································································· 179

52. 집행유예와 선고유예의 결격사유 ···································································· 183

---형법각론---

1. 사람의 시기(始期) ·························································································· 189

2. 상해의 개념 ·································································································· 192

3. 폭행 및 위험한 물건 휴대의 의미 ···································································· 194

4. 유기죄의 보호의무 ························································································· 197

5. 협박죄의 객체 및 기수시기 ············································································· 202

6. 강요죄의 고의 ······························································································· 207

7. 영리목적약취·유인죄와 인질강도죄 ··································································· 209

8. 주거침입죄와 강간죄의 관계 ············································································ 212

9. 강제추행죄에서 추행의 의미 ············································································ 214

10. 준강간죄의 불능미수 ····················································································· 217

11. 위계에 의한 간음죄 ······················································································ 220

12. 제310조와 진실성에 대한 착오 ······································································ 222