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2021 변호사시험 선택형 총정리 형법총론
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2021 변호사시험 선택형 총정리 형법총론

  • 신호진
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  • 문형사
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  • 2020-04-29 출간
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  • 469페이지
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  • 195 X 265 mm
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  • ISBN 9791189917609
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출판사서평




- 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 √, 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 2020년 문제까지 수록하였고, “변시”로 표시함
2. 사법시험은 2000년 문제부터 2017년 문제까지 수록하였고, “사시”로 표시함
3. 기타 검찰, 법원, 경찰 관련 시험과 각종 모의고사 등에서 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 ··············································································· 35
▶ 4. 형법의 장소적 적용범위 ··············································································· 49
▶ 5. 형법의 인적 적용범위 ·················································································· 59
▶ 6. 범죄의 의의와 종류 ····················································································· 61
▶ 7. 행위의 주체와 객체 ····················································································· 72
▶ 8. 구성요건의 일반이론 ···················································································· 79
▶ 9. 결과반가치와 행위반가치 ·············································································· 83
▶ 10. 부작위범 ·································································································· 85
▶ 11. 인과관계와 객관적 귀속 ············································································ 100
▶ 12. 구성요건적 고의 ······················································································ 111
▶ 13. 구성요건적 착오 ······················································································ 121
▶ 14. 과실범 ···································································································· 134
▶ 15. 결과적 가중범 ························································································· 150
▶ 16. 위법성의 일반이론 ··················································································· 165
▶ 17. 정당방위 ································································································· 171
▶ 18. 긴급피난 ································································································· 184
▶ 19. 자구행위 ································································································· 194
▶ 20. 피해자의 승낙 ························································································· 198
▶ 21. 정당행위 ································································································· 208
▶ 22. 책임의 일반이론 ······················································································ 226
▶ 23. 책임능력 ································································································· 233
▶ 24. 위법성의 인식과 금지착오 ········································································· 248
▶ 25. 기대가능성 ······························································································ 270
▶ 26. 미수범의 일반이론 ··················································································· 279
▶ 27. 장애미수 ································································································· 282
▶ 28. 중지미수 ································································································· 289
▶ 29. 불능미수 ································································································· 301
▶ 30. 예비죄 ···································································································· 310
▶ 31. 정범·공범의 일반이론 ··············································································· 317
▶ 32. 간접정범 ································································································· 331
▶ 33. 공동정범 ································································································· 338
▶ 34. 교사범 ···································································································· 359
▶ 35. 종 범 ····································································································· 370
▶ 36. 공범과 신분 ···························································································· 378
▶ 37. 죄수의 일반이론 ······················································································ 388
▶ 38. 일 죄 ····································································································· 391
▶ 39. 수 죄 ····································································································· 407
▶ 40. 형벌의 종류 ···························································································· 423
▶ 41. 형의 양정 ······························································································· 433
▶ 42. 누 범 ····································································································· 442
▶ 43. 집행유예·선고유예·가석방 ·········································································· 449
▶ 44. 형의 시효·소멸·기간 ················································································· 464
▶ 45. 보안처분 ································································································· 468
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