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형법.형사소송법 2020년 상반기 최신판례정리
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형법.형사소송법 2020년 상반기 최신판례정리

  • 신호진
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  • 문형사
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  • 2020-06-29 출간
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  • 73페이지
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  • 188 X 257 mm / 139g
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  • ISBN 9791189917746
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…… 형 법 총 론 ……
[1] 죄형법정주의 ·································································································· 3
ㆍ위임입법의 한계(大判 2018도7989) ········································································ 3
[2] 누 범 ············································································································· 6
ㆍ「특정범죄 가중처벌 등에 관한 법률」상의 누범전과의 계산방법(大判 2019도17381) ················· 6
ㆍ「특정범죄 가중처벌 등에 관한 법률」 제5조의4 제5항의 누범전과의 의미(大判 2019도18891) ··· 8

…… 형 법 각 론 ……
[1] 체포와 감금의 죄 ··························································································· 10
ㆍ체포죄의 실행의 착수시기와 기수시기(大判 2016도18713) ······································ 10
[2] 강간과 추행의 죄 ··························································································· 11
ㆍ강제추행죄에서의 폭행과 추행의 정도(大判 2019도15994) ····································· 11
[3] 명예에 관한 죄 ······························································································ 13
ㆍ‘사람을 비방할 목적’과 ‘공공의 이익을 위한 것’의 관계(大判 2018도15868) ··························· 13
[4] 주거침입의 죄 ······························································································· 15
ㆍ주거침입죄의 객체와 위요지(大判 2019도16484) ··················································· 15
[5] 사기의 죄 ····································································································· 16
ㆍ기망행위에 의하여 국가적·공공적 법익을 침해한 경우(大判 2019도2003) ·················· 16
ㆍ규정을 위반한 공사도급계약체결과 사기죄(大判 2015도10570) ································ 17
[6] 횡령의 죄 ····································································································· 19
ㆍ횡령죄의 객체(大判 2019도9773) ········································································· 19
[7] 배임의 죄 ····································································································· 20
ㆍ채무자의 동산 양도담보 목적물 보관의무(大判 2019도9756, 전원합의체 판결) ·········· 20
ㆍ배임죄에서 ‘타인의 사무를 처리하는 자’의 의미(大判 2014도9907) ·························· 23
ㆍ채무자의 저당권설정의무 및 부동산 양도담보설정의무의 성격(大判 2019도14339, 전원합의체 판결) ··· 25
[8] 손괴의 죄 ····································································································· 27
ㆍ재물손괴죄에서 ‘효용을 해하는 것’의 의미(大判 2017도20455) ································ 27
[9] 유가증권에 관한 죄 ························································································ 29
ㆍ구 「부정수표 단속법」 제5조의 수표 위조·변조의 의미(大判 2019도12022) ·············· 29
[10] 문서에 관한 죄 ···························································································· 30
ㆍ공전자기록위작·변작죄의 객체와 유추해석금지의 원칙(大判 2016도19170) ················ 30
ㆍ공전자기록 등 불실기재죄에서 ‘불실의 사실’의 의미(大判 2019도7729) ···················· 32
ㆍ공문서부정행사죄의 객체(大判 2018도2560) ·························································· 34
[11] 성풍속에 관한 죄 ························································································· 35
ㆍ공연음란죄에서 음란성의 판단기준(大判 2019도14056) ·········································· 35
[12] 공무원의 직무에 관한 죄 ·············································································· 37
ㆍ직권남용죄와 강요죄의 성립요건(大判 2018도2236, 전원합의체 판결) ······················ 37
ㆍ직권남용죄와 강요죄의 성립요건(大判 2019도5186) ··············································· 42
ㆍ실무자의 행위가 ‘의무 없는 일’에 해당하는지의 판단기준(大判 2019도11698) ·········· 45
ㆍ공무원이 횡령한 자금을 공범자끼리 수수한 경우(大判 2019도11766) ····························· 47

…… 형 법 소 송 법 ……
[1] 수사의 방법 ·································································································· 48
ㆍ피의자신문시 보호장비 사용 여부 및 변호인의 피의자신문 참여권 침해 여부(大決 2015모2357) ··· 48
[2] 대물적 강제수사 ···························································································· 50
ㆍ압수·수색과 사건과의 관련성(大判 2019도14341) ·················································· 50
ㆍ입수·수색영장의 제시방법(大決 2019모3526) ························································· 52
[3] 수사의 종결 ·································································································· 53
ㆍ증인에 대한 검찰 진술조서의 증거능력(大判 2013도6825) ···················································· 53
[4] 공소제기의 방식 ···························································································· 55
ㆍ공소사실이 부분적으로 특정되지 않은 경우(大判 2019도10086) ······························ 55
[5] 변호인 ·········································································································· 57
ㆍ반의사불벌죄에서 변호인의 처벌불원의사표시의 대리(大判 2019도10678) ················· 57
[6] 전문법칙 ······································································································· 59
ㆍ‘공범에 대한 사법경찰관 작성 피의자신문조서’ 및 ‘전문진술’의 증거능력(大判 2019도11552) ······· 59
ㆍ압수조서에 기재된 ‘압수경위’의 증거능력 인정요건(大判 2019도13290) ··················· 61
ㆍ정당하지 않은 증언거부와 제314조의 적용여부(大判 2018도13945, 전원합의체 판결) ····· 63
[7] 재 심 ··········································································································· 65
ㆍ합헌결정 이전의 간통에 대한 재심(大判 2019도15167) ·········································· 65
ㆍ재심사유가 되는 위헌결정의 소급효가 미치는 범위(大決 2015모2204) ······················ 66
[8] 약식절차 ······································································································· 68
ㆍ정식재판에 다른 사건이 병합심리된 경우 ‘형종상향금지원칙’의 적용여부(大判 2019도15700) ······· 68
ㆍ정식재판에 다른 사건이 병합심리된 경우 ‘형종상향금지원칙’의 적용여부(大判 2020도355) ·········· 69
[9] 즉결심판절차 ··································································································70
ㆍ범칙금 납부기간의 의미(大判 2017도13409) ························································· 70
ㆍ인장이나 지장이 없는 정식재판청구서의 적법성 여부(大決 2017모3458) ··················· 71

참고판례 ············································································································· 72
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