(전2권) 문형사 신호진 2022년판 3년간 판례정리 형법+형소법세트 (2019년 7월~ 2022년 6월)

제목: 2022년판 형법 3년간 판례정리(2019년 7월~ 2022년 6월)
표지:

출판사: 문형사
저자: 신호진
페이지: 266쪽
가격: 16,000원
발행일: 2022년 7월 4일 (출고가능일 7월 4일)
ISBN: 979-11-6687-080-4

 

 

제목: 2022년판 형사소송법 3년간 판례정리(2019년 7월~ 2022년 6월)
표지:

출판사: 문형사
저자: 신호진
페이지: 123쪽
가격: 12,000원
발행일: 2021년 7월 4일 (출고가능일 7월 4일)
ISBN: 979-11-6687-081-1

 

 

 

 

 

< 서 문 >

"3년간 최신판례"에 대하여…

본서는 2019년 하반기부터 2022년 상반기까지 총 3년간의 대법원 판례를 정리한 교재이다. 본서의 특징을 설명하면 다음과 같다.

1. 사실관계의 정리
판례는 구체적이고 특정한 사건에 대한 대법원의 판단이다. 그러므로 그 사건의 사실관계를 모르면서 판결요지만 공부하는 것은 어떤 영화의 줄거리도 모르면서 그 영화에 대해서 논하는 것처럼 실로 무의미하고 어리석은 행동이다. 이에 본서에서는 가장 먼저 판례의 사실관계를 정리하여 소개함으로써 판례를 보다 정확하고 깊게 이해할 수 있도록 하였다.

2. 쟁점의 부각
어떤 사건이 제1심이나 항소심에서 종결되지 않고 상고심인 대법원까지 올라왔다는 것은 그 사건에서 무엇인가 다투어지는 쟁점이 있었다는 것을 의미한다. 따라서 이러한 쟁점이 무엇인지를 모르고서 판례를 공부하는 것은 어떤 문제의 내용도 모르고서 해설만 읽는 것과 마찬가지로 역시 무의미하다. 이에 본서에서는 판례의 내용을 소개하기 전에 먼저 질문의 형태로 그 사건에서 다투어졌던 쟁점을 세분화하여 구체적으로 부각시킴으로써 판례를 보다 정확하게 이해할 수 있도록 하였다.

3. 중요부분의 강조
판례를 정식으로 공부하기 위해서는 판결문 전체를 읽어야 하겠지만, 그 내용이 방대하기 때문에 대법원은 판례의 핵심적 내용을 "판결요지"의 형태로 정리해서 제공하고 있다. 이에 따라 본서에서는 판결요지는 전체를 수록하였고, 이것만으로 이해가 어려울 경우에는 판결문에서 판결이유를 발췌해서 소개하였다. 그러나 최근에는 이 판결요지의 분량도 매우 많아져서 학습의 부담을 가중시키고 있다. 이에 본서에서는 객관식 문제의 지문으로 출제가 가능하거나 주관식 문제의 답안에 서술해야만 하는 중요부분에 대해서는 언더라인이나 고딕체로 강조함으로써 학습의 능률을 높이고 최종정리시에 신속한 정리가 가능하도록 하였다.

2022. 6. 23.
법학박사 신 호 진

< 목 차 >

…… 형 법 총 론 ……
[1] 죄형법정주의 ·································································································· 3
1. 위임입법의 한계 (大判 2018도7989) ··································································· 3
2. 헌법불합치결정의 성격 및 효력 (大判 2017도8610) ·············································· 6
3. 위헌결정의 소급효가 인정되지 않는 경우 (大判 2020도68) ···································· 7
4. 음주운전전과의 계산과 소급효금지의 원칙 (大判 2020도7154) ······························· 8
5. 운전면허 취소처분 취소의 소급효 (大判 2019도11826) ········································· 9
6. 공소시효의 정지·연장·배제와 소급효 (大判 2020도3694) ······································ 10
7. 명확성의 원칙 (大判 2016도1306) ····································································· 12
8. 유추해석금지의 원칙 (大判 2017도13182) ·························································· 13
9. 유추해석금지의 원칙 (大判 2020도12017) ·························································· 15
[2] 형법의 시간적 적용범위 ·················································································· 19
10. 형법 제1조 제2항과 동기설 (大判 2017도15175) ·············································· 19
[3] 행위의 주체와 객체 ························································································ 20
11. 법인처벌의 근거 (大判 2019도3595) ································································ 20
12. 양벌규정에 의한 수범자 영역의 확장 (大判 2020도1942) ··································· 21
[4] 부작위범 ······································································································· 23
13. 진정부작위범의 공동정범의 성립요건 (大判 2018도12973) ································· 23
[5] 정당방위 ······································································································· 25
14. 싸움과 정당방위 (大判 2020도15812) ······························································ 25
[6] 정당행위 ······································································································· 26
15. 정당행위 (大判 2017도10634) ········································································ 26
16. 노동조합 조합활동의 정당성 인정요건 (大判 2017도2478) ·································· 28
17. 쟁의행위의 정당성 (大判 2015도1927) ····························································· 30
18. 사회상규에 위배되지 아니하는 행위 (大判 2021도9680) ····································· 32
[7] 위법성의 인식과 금지착오 ··············································································· 33
19. 법률의 착오와 정당한 이유 (大判 2021도10903) ··············································· 33
[8] 불능미수 ······································································································· 35
20. 불능미수의 성립요건 (大判 2019도97) ····························································· 35
[9] 정범·공범의 일반이론 ····················································································· 36
21. 대향범과 공범규정의 적용 여부 (大判 2016도3048) ··········································· 36
[10] 종 범 ········································································································· 38
22. 방조의 성립여부 (大判 2017도19025, 전원합의체 판결) ····································· 38
23. 방조행위와 정범행위 사이의 인과관계 등 (大判 2015도12632) ··························· 41
[11] 공범과 신분 ································································································ 44
24. 공범과 신분 (大判 2021도5000) ······································································ 44
[12] 죄수론 ········································································································ 45
25. 음란물 제작과 소지의 관계 (大判 2021도2993) ················································· 45
26. 포괄일죄와 실체적 경합범의 구별기준 (大判 2020도1355) ·································· 46
27. 재심대상사건과 재심판결 확정 전에 범한 범죄의 관계 (大判 2018도20698, 전원합의체 판결) ·················································································································· 49
28. 형법 제39조 제1항의 적용요건 (大判 2021도8719) ··········································· 51
[13] 형벌론 ········································································································ 52
29. 형법상 몰수의 대상인 '물건'의 의미 (大判 2021도7168) ···································· 52
30. 형법 제48조의 몰수의 대상 (大判 2020도10970) ·············································· 53
31. 형의 임의적 감경의 방법 (大判 2018도5475, 전원합의체 판결) ··························· 54
32. 누범기간의 기산점 (大判 2020도8728) ····························································· 56
33. 두 개의 징역형 중 하나의 형 집행을 마친 후 죄를 범한 경우 (大判 2021도8764) ··· 57
34. 특가법 제5조의4 제5항의 절도와 누범가중 (大判 2019도18947) ························· 58
35. '특정범죄 가중처벌 등에 관한 법률'상의 누범전과의 계산방법 (大判 2019도17381) ···· 59
36. '특정범죄 가중처벌 등에 관한 법률' 제5조의4 제5항의 누범전과의 의미 (大判 2019도18891) ··············································································································· 61
37. 사회봉사명령시 원상회복명령의 부과 여부 (大判 2017도18291) ·························· 63

…… 형 법 각 론 ……
[1] 상해와 폭행의 죄 ··························································································· 65
1. 자동차 운전자 폭행 등 죄에서 '자동차'의 의미 (大判 2022도1013) ······················· 65
[2] 강요의 죄 ····································································································· 67
2. 강요죄의 폭행의 의미 (大判 2018도1346) ·························································· 67
[3] 체포와 감금의 죄 ··························································································· 68
3. 체포죄의 실행의 착수시기와 기수시기 (大判 2016도18713) ·································· 68
[4] 약취·유인 및 인신매매의 죄 ············································································ 69
4. 부작위에 의한 미성년자약취 (大判 2019도16421) ··············································· 69
[5] 강간과 추행의 죄 ························································&mi