2020 주관식 시험 대비 형법 사례형 판례정리
저자 : 신호진
출판사 : 문형사
출판일 : 2019-06-28
페이지 : 390
판형 : 개정판
구매수량 :
정가 22,000원 -> 190원 적립
19,800
스프링분철 :
총 금액 :
    상품소개
    독자서평
    주문/환불/배송/교환정책
    [ 머 리 말 ]

    ‘사례형 판례정리’에 대해서

    “사례형 판례정리”는 변호사시험 사례형 문제를 대비하여 단기간에 효율적으로 중요 논점을 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 2001년~2017년의 사법시험과 2012년~2019년의 변호사시험에서 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 채점기준표를 참고하여 모범답안 형태의 해설을 함으로써 출제자가 요구하는 것이 어느 정도인가를 정확하게 알 수 있도록 하였다. 물론 모범답안의 분량은 실제 답안에 서술해야 할 것보다 2배 정도 많다. 그 이유는 논점을 제대로 이해하기 위해서는 어느 정도의 상세한 설명이 필요하고, 동일한 논점일지라도 문제의 형태 및 배점에 따라 서술의 정도가 달라지는 것에 융통성 있게 대처할 수 있도록 하기 위해서이다.

    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. 전자에 의해서는 판례의 입장을 정확하게 이해하고 또한 선택형 문제에 대한 대비도 어느 정도 할 수 있을 것이고, 후자에 의해서는 변형된 문제에 대한 응용능력을 향상시킬 수 있을 것이다. 특히 후자를 활용하여 기출문제의 형태 및 배점에 따른 답안구성 방법과 서술분량을 조절하는 훈련을 해 보기 바란다.
    본서의 효율적 활용으로 법조인의 꿈을 조속히 실현하기를 바라면서…

    [목   차]

    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 물건’의 의미 ········································································ 146
    47. 집행유예와 선고유예의 결격사유 ········································································ 149
    48. 사람의 시기 ····································································································· 152
    49. 상해의 개념 ····································································································· 155
    50. ‘폭행’ 및 ‘위험한 물건 휴대’의 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. 제310조와 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 ··························································································· 196
    64. 금제품의 재물성 ······························································································· 200
    65. 형법상 점유의 요건 ··························································································· 203
    66. 유류물·분실물에 대한 점유 ················································································· 205
    67. 사자의 점유 및 사자 명의의 문서위조 ································································· 208
    68. 사자의 점유와 불법영득의 의사 ·········································································· 212
    69. 불법영득의사의 대상 ························································································· 215
    70. 불법영득의사에서 불법의 의미 ··········································································· 220
    71. 절도와 사용절도의 구별 ····················································································· 223
    72. 야간주거침입절도죄에서 ‘야간’의 적용범위 ·························································· 225
    73. 합동절도죄 성립의 시간적 한계 ·········································································· 227
    74. 절도와 강도의 구별 ··························································································· 229
    75. 야간주거침입 특수강도죄의 실행의 착수시기 ························································ 232
    76. 준강도죄의 기수와 미수의 판단기준 ···································································· 235
    77. 준강도죄의 공동정범 ························································································· 237
    78. 특수강도의 준강도의 판단기준 ··········································································· 241
    79. 강도강간죄의 주체 ···························································································· 243
    80. 잔금사기와 고지의무 ························································································· 246
    81. 사기죄에서 기망행위의 정도 ·············································································· 248
    82. 사기죄와 처분의사 ···························································································· 251
    83. 사자에 대한 소송사기 ························································································ 257
    84. 사기죄와 횡령죄의 관계 ····················································································· 260
    85. 컴퓨터사용사기죄의 객체 ··················································································· 263
    86. 신용카드 관련범죄 ···························································································· 266
    87. 신용카드의 부정발급과 부정사용 ········································································ 269
    88. 강취·갈취한 현금카드에 의한 예금인출 ································································ 272
    89. 권리행사와 공갈죄 ···························································································· 276
    90. 공갈죄와 수뢰죄의 관계 ····················································································· 279
    91. 횡령죄의 주체와 객체 ························································································ 282
    92. 불법원인급여와 횡령죄 ······················································································ 287
    93. 3자간 명의신탁과 횡령죄 ··················································································· 290
    94. 리베이트 수수행위의 형사책임 ··········································································· 294
    95. 횡령죄의 기수시기 ···························································································· 296
    96. 예산전용과 불법영득의사 ··················································································· 299
    97. 횡령행위의 상대방의 형사책임 ··········································································· 302
    98. 대표권을 남용한 약속어음 발행과 배임죄의 기수시기 ··········································· 305
    99. 이중매매의 형사책임 ························································································· 310
    100. 배임수재죄에서 신분의 존재시기 ······································································· 315
    101. 장물의 동일성 ································································································· 318
    102. 장물취득죄에서 ‘취득’의 의미 ··········································································· 322
    103. 이미지 파일의 문서성 ······················································································ 325
    104. 문서와 명의인의 실재성 ··················································································· 329
    105. 문서의 복사행위와 위조 ··················································································· 331
    106. 허위공문서작성죄의 간접정범 ··········································································· 334
    107. 허위진단서작성죄와 허위공문서작성죄의 관계 ···················································· 337
    108. 공문서부정행사죄에서 ‘부정행사’의 의미 ···························································· 342
    109. 공문서부정행사죄의 객체 ················································································· 346
    110. 편면적 도박 ···································································································· 349
    111. 경기의 도박성 ································································································· 351
    112. 직무유기죄와 허위공문서작성죄의 관계 ······························································ 353
    113. 뇌물과 직무관련성 ·························································································· 356
    114. 뇌물의 몰수와 추징 ························································································· 359
    115. 공무집행방해죄와 직무집행의 적법성 ································································· 362
    116. 위계에 의한 공무집행방해죄와 직무유기죄의 관계 ·············································· 365
    117. 범인도피죄의 공범 ·························································································· 368
    118. 범인도피죄에서 ‘죄를 범한 자’의 의미 ······························································· 372
    119. 증언거부권의 불고지와 위증죄 ·········································································· 375
    120. 위증죄에서 ‘허위’의 판단기준 ··········································································· 378
    121. 증거인멸죄의 객체 ·························································································· 380
    122. 자기사건에 관한 증거인멸의 교사 ····································································· 383
    123. 공소시효의 완성과 무고죄 ················································································ 386

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