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형법 형사소송법 2020년 하반기 최신판례정리
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형법 형사소송법 2020년 하반기 최신판례정리

  • 신호진
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  • 문형사
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  • 2020-11-27 출간
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  • 63페이지
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  • 188 X 257 mm
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  • ISBN 9791189917920
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…… 형 법 총 론 ……
[1] 죄형법정주의 ·································································································· 3
1. 헌법불합치결정의 성격 및 효력(大判 2017도8610) ················································ 3
2. 음주운전전과의 계산과 소급효금지의 원칙(大判 2020도7154) ································· 4
[2] 정당행위 ········································································································ 5
3. 노동조합 조합활동의 정당성 인정요건(大判 2017도2478) ············································· 5
4. 쟁의행위의 정당성(大判 2015도1927) ······································································ 7
[3] 정범·공범의 일반이론 ······················································································· 9
5. 대향범과 공범규정의 적용 여부(大判 2016도3048) ····················································· 9
[4] 죄수론 ·········································································································· 11
6. 포괄일죄와 실체적 경합범의 구별기준(大判 2020도1355) ············································· 11
[5] 형벌론 ·········································································································· 13
7. 특가법 제5조의4 제5항의 절도와 누범가중(大判 2019도18947) ··································· 13

…… 형 법 각 론 ……
[1] 강간과 추행의 죄 ··························································································· 14
1. 위계에 의한 간음죄에서 ‘위계’의 의미(大判 2015도9436, 전원합의체 판결) ············ 14
2. 업무상 위력에 의한 추행의 객체 등(大判 2020도5646) ········································ 16
3. 공중 밀집장소에서의 추행의 의미(大判 2015도7102) ··········································· 17
[2] 명예에 관한 죄 ······························································································ 18
4. 전파가능성과 공연성(大判 2020도5813, 전원합의체 판결) ···································· 18
5. ‘사실을 드러내어’의 의미와 정도(大判 2019도12750) ·········································· 20
[3] 신용·업무와 경매에 관한 죄 ············································································ 20
6. 업무담당자의 심사의무와 업무방해죄의 기수시기(大判 2017도19283) ···················· 22
[4] 사기의 죄 ····································································································· 24
7. 부작위에 의한 기망과 고지의무(大判 2018도13696) ············································ 24
[5] 배임의 죄 ····································································································· 27
8. 동산 저당권설정 채무자의 사무의 성격 등(大判 2020도6258, 전원합의체 판결) ··········· 27
9. 채무자의 저당권설정의무 및 부동산 양도담보설정의무의 성격(大判 2019도14340, 전원합의체 판결) ·· 29
10. 주권발행 전 주식의 이중양도(大判 2015도6057) ··············································· 31
11. 채무자가 「동산채권담보법」상 담보로 제공된 동산을 처분한 경우(大判 2019도14770, 전원합의체 판결) · 32
12. 매도인이 매수인에게 가등기를 해 준 후 이중매매를 한 경우(大判 2019도16228) ······ 34
[6] 공안을 해하는 죄 ··························································································· 35
13. 범죄를 목적으로 하는 단체 및 집단의 의미(大判 2019도16263) ·························· 35
[7] 문서에 관한 죄 ······························································································ 37
14. 사전자기록위작죄에서 ‘위작’의 의미(大判 2019도11294, 전원합의체 판결) ················ 37
[8] 도박과 복표에 관한 죄 ··················································································· 43
15. ‘영리의 목적’의 의미(大判 2020도8978) ··························································· 43
[9] 공무원의 직무에 관한 죄 ················································································ 44
16. 공여자와 수뢰자 사이의 뇌물의 직접 수수 여부(大判 2017도12389) ···················· 44

…… 형 법 소 송 법 ……
[1] 수사의 방법 ·································································································· 46
1. 임의동행의 종류(大判 2020도398) ····································································· 46
[2] 증명의 기본원칙 ···························································································· 47
2. 성폭행 피해자의 진술의 증명력 판단방법 등(大判 2020도6965,2020전도74) ·········· 47
[3] 전문법칙 ······································································································· 49
3. 형사소송법 제312조 제3항의 적용범위(大判 2016도9367) ···································· 49
[4] 상소의 일반이론 ···························································································· 51
4. 부정기형과 불이익변경금지의 원칙(大判 2020도4140, 전원합의체 판결) ················ 51
[5] 항 소 ··········································································································· 53
5. 항소기각의 방법(大判 2019도17995) ································································· 53
[6] 상 고 ··········································································································· 54
6. 양형부당과 상고이유(大判 2020도8358) ····························································· 54
[7] 재 심 ··········································································································· 56
7. 군사법원의 판결에 대한 재심사건의 관할(大決 2019모3197) ································ 56

참고판례 ············································································································· 51
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