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2020 신호진 변호사시험 선택형 총정리 형법총론
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2020 신호진 변호사시험 선택형 총정리 형법총론

  • 신호진
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  • 문형사
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  • 2019-06-19 출간
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  • 429페이지
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  • 195 X 265 X 30mm
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  • ISBN 9791189917180
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출판사서평




● 변시와 모의고사 기출문제로는 55%만 커버
변호사시험 준비생들은 학습범위가 방대하여 주로 “변호사시험 기출문제”와 “법전협 모의고사 기출문제”를 중심으로 선택형 문제를 대비하고 있다. 그런데 편저자는 그와 같은 기출문제들이 2019년 제8회 변호사시험의 형법 선택형 문제를 얼마나 커버할 수 있는지 분석을 해보았다. 형법 관련 지문은 총 110개였는데, 그 중 위의 기출문제로 대비할 수 있는 지문은 총 60개에 불과했다. 비율로는 55%이다. 즉 45% 정도는 공부하지 않은 것들이 나왔다는 것이고, 형사소송법도 비율이 비슷할 것으로 가정할 때 기출문제만으로 준비를 한 학생이 맞을 수 있는 형사법 점수의 최대한은 55점에 불과하다. 이에 본 ?선택형 총정리?에서는 “사법시험” 뿐만 아니라 “검찰”, “법원”, “경찰” 등 중요 국가시험에서 자주 출제된 중요 내용들로 부족한 부분들을 보충함으로써 커버하는 범위를 95% 이상으로 끌어올릴 수 있도록 하였다.

● 핵심 NOTE
모든 공부에 있어서 가장 기본이 되는 것은 “기본개념”이다. 기본개념에 대한 정리 없이 무턱대고 문제만 푸는 것은 “모래 위에 성을 쌓는 것”과 같다. 이에 본『선택형 총정리』에서는 본격적으로 기출지문을 다루기 전에 중요한 기본개념과 이론들을 정리할 수 있도록 “핵심 NOTE”란을 마련하였다. 여기서 정리된 내용들은 본격적 실력향상을 위한 튼튼한 기초와 뼈대가 될 것이다.
아무쪼록 본서를 잘 활용하여 승리의 월계관을 쓰기를 기원하면서…

2019. 6. 10.
법학박사 신 호 진

- 본서를 이용한 실력향상 방법 -

① 제1단계->자신의 실력 점검 및 향상
1) “기출지문정리”는 단순한 객관식 문제가 아니라 중요한 기출지문들을 기본서의 목차순으로 재배열·재구성한 것이므로 실제로는 기본서 또는 그에 대한 SUB-NOTE와 동일한 기능을 한다. 따라서 “기출지문정리”를 풀 때에는 각 지문별로 정확하게 아는 내용인지 아닌지를 체크해야 한다(예를 들어, 중요한 것은 ☆, 틀린 것은 V, 애매하게 아는 것은 △ 등).
2) 그리고 본서에서는 문제에 대한 해설은 가급적 상세하게 하였으므로 해설을 읽을 때에는 기본서를 정독하듯이 해야 하고, 역시 중요한 부분에 대해서는 나름대로 Underline을 하거나 표시를 해 두어야 한다. 해설 부분이 별개의 지문으로 출제될 가능성도 매우 크다는 것을 놓치면 안 된다.
3) 만약에 해설만으로 이해가 안 갈 경우에는 반드시 기본서를 찾아서 관련된 부분을 정독해서 완벽하게 이해를 해야 한다. 이 때 기본서로서는 “형법요론”을 추천한다.

② 제2단계->반복을 통한 철저한 암기
제1단계를 통해서 실력이 비약적으로 향상되었을 뿐만 아니라, 내가 아는 부분과 잘 모르는 부분도 명확하게 드러났다. 중요한 부분, 잘 모르는 부분들이 결국은 실제 시험에서 나의 점수를 좌우한다. 그러므로 이제부터는 체크된 부분을 철저하게 암기하는 것이 중요하다. 암기는 반복을 통해서 이루어진다.

※ 기출처 표시 방법 ※
1. 변호사시험은 2012년 문제부터 2019년 문제까지 수록하였고, “변시”로 표시함
2. 사법시험은 2000년 문제부터 2017년 문제까지 수록하였고, “사시”로 표시함
3. 기타 검찰, 법원, 경찰 등의 시험과 여러 모의고사에서 최근 5년간에 1~2회 출제된 것은 별표 1개(★),
3~4회 출제된 것은 별표 2개(★★), 그리고 5회 이상 출제된 것은 별표 3개(★★★)로 표시함


목차


▶ 1. 형법의 기본개념 ··························································································· 3
▶ 2. 죄형법정주의 ································································································ 5
▶ 3. 형법의 시간적 적용범위 ··············································································· 27
▶ 4. 형법의 장소적 적용범위 ··············································································· 41
▶ 5. 형법의 인적 적용범위 ·················································································· 50
▶ 6. 범죄의 의의와 종류 ····················································································· 52
▶ 7. 행위의 주체와 객체 ····················································································· 62
▶ 8. 구성요건의 일반이론 ···················································································· 68
▶ 9. 결과반가치와 행위반가치 ·············································································· 72
▶ 10. 부작위범 ·································································································· 74
▶ 11. 인과관계와 객관적 귀속 ············································································· 89
▶ 12. 구성요건적 고의 ························································································ 99
▶ 13. 구성요건적 착오 ······················································································ 108
▶ 14. 과실범 ···································································································· 120
▶ 15. 결과적 가중범 ························································································· 135
▶ 16. 위법성의 일반이론 ··················································································· 149
▶ 17. 정당방위 ································································································· 154
▶ 18. 긴급피난 ································································································· 166
▶ 19. 자구행위 ································································································· 176
▶ 20. 피해자의 승낙 ························································································· 180
▶ 21. 정당행위 ································································································· 189
▶ 22. 책임의 일반이론 ······················································································ 205
▶ 23. 책임능력 ································································································· 212
▶ 24. 위법성의 인식과 금지착오 ········································································· 226
▶ 25. 기대가능성 ······························································································ 247
▶ 26. 미수범의 일반이론 ··················································································· 256
▶ 27. 장애미수 ································································································· 259
▶ 28. 중지미수 ································································································· 266
▶ 29. 불능미수 ································································································· 278
▶ 30. 예비죄 ···································································································· 286
▶ 31. 정범·공범의 일반이론 ··············································································· 293
▶ 32. 간접정범 ································································································· 306
▶ 33. 공동정범 ································································································· 313
▶ 34. 교사범 ···································································································· 332
▶ 35. 종 범 ····································································································· 341
▶ 36. 공범과 신분 ···························································································· 348
▶ 37. 죄수의 일반이론 ······················································································ 358
▶ 38. 일 죄 ····································································································· 361
▶ 39. 수 죄 ····································································································· 376
▶ 40. 형벌의 종류 ···························································································· 389
▶ 41. 형의 양정 ······························································································· 398
▶ 42. 누 범 ····································································································· 406
▶ 43. 집행유예·선고유예·가석방 ·········································································· 411
▶ 44. 형의 시효·소멸·기간 ················································································· 424
▶ 45. 보안처분 ································································································· 428
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