1. 사례형 문제가 당락을 좌우
변호사시험 형사법문제의 경우에는 40문제 가운데 약 12~15문제 정도가 사례형 문제로 출제되고 있는데, 이러한 경향은 경찰, 검찰, 법원 등 다른 국가시험에 대해서 큰 영향을 미치고 있다. 2022년 여러 국가시험에서 수험생들에게 큰 충격을 주었던 문제유형은 사례형 문제일 것이다. 긴 사실관계를 제시하고 그 안에 내포된 쟁점을 묻는 형태인데, 간략하게 요약된 판결요지 중심으로 공부를 해 온 수험생들에게는 매우 어려운 문제였을 것이다. 따라서 앞으로의 판례공부는 “요지” 중심에서 “사례” 중심으로의 방향전환이 필요한 시점이라고 할 수 있다.
2. 최신판례의 사례형 문제로의 변환
변호사시험을 비롯하여 최근 국가시험의 사례형 문제는 거의 모두 최신판례를 기초로 하여 그것을 사례형 문제로 변환한 것이었다. 이에 본 “최신판례 사례형 문제집”에서는 2017년부터 2022년까지의 최신판례를 사례형 문제로 재구성하여 최신의 출제경향에 완벽하게 대비할 수 있도록 하였다. 판례의 사례 속에는 “쟁점”이 담겨 있고, 이러한 쟁점에 대한 대법원의 입장을 묻는 문제가 주로 출제되는데, 그 쟁점의 수는 판례별로 상이하다. 즉 쟁점이 1~2개 정도인 단순한 판례가 있는가 하면, 쟁점이 10개를 넘을 정도로 매우 복잡한 판례도 있다. 이에 본서에서는 모든 쟁점을 ○×지문으로 구성하여 사례형 문제 출제에 철저하게 대비할 수 있도록 하였다.
아무쪼록 본서를 잘 활용하여 승리의 월계관을 쓰기를 기원하면서…
2023. 2. 15.
법학박사 신 호 진
< 목 차 >
형 법 총 론
[1] 죄형법정주의 ·································································································· 3
[2] 형법의 시간적 적용범위 ·················································································· 21
[3] 형법의 장소적 적용범위 ·················································································· 25
[4] 행위의 주체와 객체 ························································································ 28
[5] 부작위범 ······································································································· 32
[6] 정당방위 ········································································································34
[7] 정당행위 ······································································································· 35
[8] 책임능력 ······································································································· 41
[9] 위법성의 인식과 금지착오 ··············································································· 44
[10] 기대가능성 ·································································································· 47
[11] 불능미수 ····································································································· 48
[12] 정범·공범의 일반이론 ··················································································· 50
[13] 간접정범 ····································································································· 55
[14] 공동정범 ····································································································· 57
[15] 종 범 ········································································································· 61
[16] 공범과 신분 ································································································ 67
[17] 일 죄 ········································································································· 69
[18] 수 죄 ········································································································· 72
[19] 형벌의 종류 ································································································ 78
[20] 형의 양정 ··································································································· 81
[21] 누 범 ········································································································· 83
[22] 집행유예·선고유예·가석방 ·············································································· 88
형 법 각 론
[1] 상해와 폭행의 죄 ··························································································· 93
[2] 과실치사상의 죄 ···························································································· 97
[3] 강요의 죄 ····································································································· 99
[4] 체포와 감금의 죄 ························································································· 101
[5] 약취·유인 및 인신매매의 죄 ·········································································· 103
[6] 강간과 추행의 죄 ························································································· 106
[7] 명예에 관한 죄 ···························································································· 130
[8] 신용·업무와 경매에 관한 죄 ·········································································· 154
[9] 비밀침해의 죄 ····························································································· 167
[10] 주거침입의 죄 ··························································································· 169
[11] 재산죄의 기본개념 ····················································································· 178
[12] 절도의 죄 ·································································································· 179
[13] 강도의 죄 ·································································································· 182
[14] 사기의 죄 ·································································································· 184
[15] 공갈의 죄 ·································································································· 203
[16] 횡령의 죄 ···································································································204
[17] 배임의 죄 ·································································································· 223
[18] 손괴의 죄 ·································································································· 254
[19] 권리행사를 방해하는 죄 ·············································································· 259
[20] 공안을 해하는 죄 ······················································································· 265
[21] 교통방해의 죄 ··························································································· 270
[22] 유가증권에 관한 죄 ···················································································· 273
[23] 문서에 관한 죄 ·························································································· 274
[24] 인장에 관한 죄 ·························································································· 295
[25] 성풍속에 관한 죄 ······················································································· 296
[26] 도박과 복표에 관한 죄 ··············································································· 298
[27] 공무원의 직무에 관한 죄 ············································································ 299
[28] 공무방해에 관한 죄 ···················································································· 323
[29] 도주와 범인은닉의 죄 ················································································· 338
[30] 위증과 증거인멸의 죄 ················································································· 340
[31] 무고의 죄 ·································································································· 343
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