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2022 주관식 시험 대비 형법 사례형 판례정리
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2022 주관식 시험 대비 형법 사례형 판례정리

  • 신호진
  • |
  • 문형사
  • |
  • 2021-03-11 출간
  • |
  • 453페이지
  • |
  • 188 X 257 X 30 mm
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  • ISBN 9791166870064
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1. 판례의 변경과 소급효금지의 원칙 ········································································ 3
2. 유추적용금지의 원칙 ·························································································· 7
3. 법인의 범죄능력 ································································································ 9
4. 작위와 부작위의 구별 ······················································································· 14
5. 보증인지위의 발생근거 및 미필적 고의 ······························································· 18
6. 작위의무에 대한 착오 ······················································································· 22
7. 인과관계와 객관적 귀속 ···················································································· 25
8. 합법적 대체행위이론 ························································································ 31
9. 개괄적 고의와 불능미수 ···················································································· 33
10. 신뢰의 원칙과 그 적용한계 ············································································· 39
11. 부진정결과적 가중범과 직접성의 원칙 ······························································ 43
12. 개괄적 과실과 직접성의 원칙 ·········································································· 50
13. 결과적 가중범의 공동정범 ··············································································· 54
14. 결과적 가중범의 미수 ····················································································· 56
15. 주관적 정당화요소를 결여한 경우 ···································································· 59
16. 지속적 위험에 대한 정당방위 ·········································································· 61
17. 환자의 자기결정권과 의사의 의무 ···································································· 65
18. 교사의 체벌과 정당행위 ·················································································· 69
19. 원인에 있어서 자유로운 행위 ·········································································· 72
20. 금지착오와 정당한 이유 ·················································································· 76
21. 위법성조각사유의 전제사실에 대한 착오 ··························································· 80
22. 위법성조각사유의 전제사실에 대한 착오와 공범 ················································· 83
23. 강요된 행위 ·································································································· 90
24. 실행의 착수시기 ···························································································· 93
25. 중지미수와 자의성의 판단기준 ········································································· 95
26. 불능미수에 대한 중지미수 ··············································································· 99
27. 공범과 중지미수 ··························································································· 102
28. 불능미수와 위험성의 판단기준 ······································································· 106
29. 예비의 중지 및 예비죄의 종범 ······································································· 109
30. 예비죄의 성립요건 ························································································ 112
31. 필요적 공범과 총칙상의 공범규정의 적용여부 ·················································· 115
32. 간접정범의 성립요건 ····················································································· 117
33. 정범 배후의 정범이론 ··················································································· 121
34. 간접정범과 착오 ··························································································· 123
35. 승계적 공동정범 ··························································································· 125
36. 공동정범과 공동의 실행행위 ·········································································· 129
37. 공모관계의 이탈과 공모공동정범 ···································································· 131
38. 상해치사죄의 동시범 ····················································································· 136
39. 합동범의 공동정범 ························································································ 139
40. 교사범과 공범관계로부터의 이탈 ···································································· 144
41. 미필적 고의와 교사의 착오 ············································································ 147
42. 부작위에 의한 종범 ······················································································ 151
43. 목적과 신분 ································································································· 154
44. 진정신분범의 간접정범과 공범 ······································································· 157
45. 부진정신분범과 공범 ····················································································· 160
46. 불구성적 신분과 공범 ··················································································· 164
47. 교통사고 관련범죄의 죄수관계 ······································································· 166
48. 불가벌적 사후행위 ························································································ 169
49. ‘범죄행위에 제공한 물건’의 의미 ···································································· 173
50. 집행유예와 선고유예의 결격사유 ···································································· 177
51. 사람의 시기 ································································································· 180
52. 상해의 개념 ································································································· 183
53. ‘폭행’ 및 ‘위험한 물건 휴대’의 의미 ····························································· 185
54. 유기죄의 보호의무 및 불법영득의사 ································································ 188
55. 협박죄의 객체 및 기수시기 ············································································ 193
56. 강요죄의 고의 ······························································································ 198
57. 영리목적약취·유인죄와 인질강도죄 ·································································· 200
58. 주거침입죄와 강간죄의 관계 ·········································································· 203
59. 준강간죄의 불능미수 ····················································································· 205
60. 위계에 의한 간음죄 ······················································································ 208
61. 제310조와 진실성에 대한 착오 ······································································ 210
62. 출판물에 의한 명예훼손죄의 간접정범 ···························································· 214
63. 업무방해죄의 업무와 공무 ············································································· 218
64. 업무방해죄와 명예훼손죄의 관계 ···································································· 222
65. 컴퓨터 업무방해죄 ························································································ 224
66. 주거침입죄의 객체와 피해자의 동의 ································································ 226
67. 주거침입죄의 기수시기 ·················································································· 228
68. 형법상 재물의 개념 ······················································································ 231
69. 금제품의 재물성 ··························································································· 235
70. 형법상 점유의 요건 ······················································································ 238
71. 유류물·분실물에 대한 점유 ············································································ 240
72. 사자의 점유 및 사자 명의의 문서위조 ···························································· 243
73. 사자의 점유와 불법영득의 의사 ······································································ 248
74. 불법영득의사의 대상 ····················································································· 251
75. 불법영득의사에서 불법의 의미 ······································································· 256
76. 절도와 사용절도의 구별 ················································································ 259
77. 야간주거침입절도죄에서 ‘야간’의 적용범위 ······················································ 263
78. 합동절도죄 성립의 시간적 한계 ······································································ 265
79. 절도와 강도의 구별 ······················································································ 267
80. 야간주거침입 특수강도죄의 실행의 착수시기 ··················································· 271
81. 준강도죄의 기수와 미수의 판단기준 ································································ 275
82. 준강도죄의 공동정범 ····················································································· 277
83. 특수강도의 준강도의 판단기준 ······································································· 281
84. 강도강간죄의 주체 ························································································ 283
85. 잔금사기와 고지의무 ····················································································· 287
86. 사기죄에서 기망행위의 정도 ·········································································· 289
87. 사기죄와 처분의사 ························································································ 292
88. 사자에 대한 소송사기 ··················································································· 298
89. 사기죄와 횡령죄의 관계 ················································································ 301
90. 컴퓨터사용사기죄의 객체 ··············································································· 304
91. 신용카드 관련범죄 ························································································ 308
92. 신용카드의 부정발급과 부정사용 ···································································· 311
93. 강취·갈취한 현금카드에 의한 예금인출 ··························································· 315
94. 권리행사와 공갈죄 ························································································ 319
95. 공갈죄와 수뢰죄의 관계 ················································································ 322
96. 횡령죄의 주체와 객체 ··················································································· 325
97. 불법원인급여와 횡령죄 ·················································································· 330
98. 3자간 명의신탁과 횡령죄 ·············································································· 334
99. 리베이트 수수행위의 형사책임 ······································································· 338
100. 횡령죄의 기수시기 ······················································································ 340
101. 예산전용과 불법영득의사 ············································································· 343
102. 횡령행위의 상대방의 형사책임 ····································································· 346
103. 동산 양도담보와 배임죄의 주최 ···································································· 350
104. 대표권을 남용한 약속어음 발행과 배임죄의 기수시기 ······································ 353
105. 이중매매의 형사책임 ··················································································· 358
106. 배임수재죄에서 신분의 존재시기 ·································································· 364
107. 배임수재죄와 부정한 청탁 ··········································································· 367
108. 장물의 동일성 ···························································································· 369
109. 장물취득죄에서 ‘취득’의 의미 ······································································ 374
110. 방화죄의 기수시기 ······················································································ 377
111. 이미지 파일의 문서성 ················································································· 380
112. 문서와 명의인의 실재성 ·············································································· 384
113. 문서의 복사행위와 위조 ·············································································· 386
114. 사전자기록위작죄에서 ‘위작’의 의미 ····························································· 389
115. 허위공문서작성죄의 간접정범 ······································································· 391
116. 허위진단서작성죄와 허위공문서작성죄의 관계 ················································ 395
117. 공문서부정행사죄에서 ‘부정행사’의 의미 ······················································· 400
118. 공문서부정행사죄의 객체 ············································································ 404
119. 편면적 도박 ······························································································· 407
120. 경기의 도박성 ···························································································· 410
121. 직무유기죄와 허위공문서작성죄의 관계 ························································· 412
122. 뇌물과 직무관련성 ······················································································ 416
123. 뇌물의 몰수와 추징 ···················································································· 420
124. 공무집행방해죄와 직무집행의 적법성 ···························································· 423
125. 위계에 의한 공무집행방해죄와 직무유기죄의 관계 ·········································· 426
126. 범인도피죄의 공범 ······················································································ 430
127. 범인도피죄에서 ‘죄를 범한 자’의 의미 ·························································· 435
128. 증언거부권의 불고지와 위증죄 ····································································· 439
129. 위증죄에서 ‘허위’의 판단기준 ······································································ 442
130. 증거인멸죄의 객체 ······················································································ 444
131. 자기사건에 관한 증거인멸의 교사 ································································· 447
132. 공소시효의 완성과 무고죄 ··········································································· 451
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