2001~2014 법원행시 형법 진도별 기출문제

총 론
제1편 형법의 일반이론

제1장 형법의 기본개념
제1절 형법의 의의와 성격 ···············································································3
제2절 형법의 기능 ····························································································· 3
제3절 형법의 발전 ·················································································· 3

제2장 형법의 기본원리
제1절 죄형법정주의 ··························································································· 4
제2절 형법이론 ·································································································· 10

제3장 형법의 적용범위
제1절 형법의 시간적 적용범위 ········································································ 11
제2절 형법의 장소적 적용범위 ······································································· 15
제3절 형법의 인적 적용범위 ·········································································· 20

제2편 범죄론

제1장 범죄론의 기초
제1절 범죄의 의의와 종류 ··············································································· 25
제2절 행위론 ····································································································· 32
제3절 범죄체계론 ····························································································· 32
제4절 행위의 주체와 객체 ·············································································· 33

제2장 구성요건론
제1절 구성요건의 일반이론 ············································································· 34
제2절 결과반가치와 행위반가치 ····································································· 34
제3절 부작위범 ································································································· 35
제4절 인과관계와 객관적 귀속 ······································································· 41
제5절 구성요건적 고의 ···················································································· 50
제6절 구성요건적 착오 ···················································································· 53
제7절 과실범 ······································································································· 54
제8절 결과적 가중범 ························································································· 56

제3장 위법성론
제1절 위법성의 일반이론 ·················································································· 58
제2절 정당방위 ··································································································· 60
제3절 긴급피난 ··································································································· 64
제4절 자구행위 ··································································································· 66
제5절 피해자의 승낙 ·························································································· 67
제6절 정당행위 ··································································································· 69

제4장 책임론
제1절 책임의 일반이론 ······················································································ 77
제2절 책임능력 ··································································································· 78
제3절 위법성의 인식과 금지착오 ····································································· 83
제4절 기대가능성 ······························································································· 88

제5장 미수론
제1절 미수범의 일반이론 ·················································································· 90
제2절 장애미수 ··································································································· 92
제3절 중지미수 ··································································································· 99
제4절 불능미수 ································································································· 104
제5절 예비죄 ··································································································· 111

제6장 정범 및 공범론
제1절 정범·공범의 일반이론 ·········································································· 115
제2절 간접정범 ·································································································· 118
제3절 공동정범 ································································································· 122
제4절 교사범 ····································································································· 130
제5절 종 범 ····································································································· 136
제6절 공범과 신분 ···························································································· 139

제7장 죄수론
제1절 죄수의 일반이론 ····················································································· 141
제2절 일 죄 ····································································································· 144
제3절 수 죄 ····································································································· 160

제3편 형벌론

제1절 형벌의 종류 ···························································································· 177
제2절 형의 양정 ······························································································· 190
제3절 누 범 ···································································································· 208
제4절 집행유예·선고유예·가석방 ································································ 217
제5절 형의 시효·소멸·기간 ········································································ 234
제6절 보안처분 ································································································· 236

각 론

제1편 개인적 법익에 대한 죄

제1장 생명과 신체에 대한 죄
제1절 살인의 죄 ································································································ 241
제2절 상해와 폭행의 죄 ·················································································· 245
제3절 과실치사상의 죄 ···················································································· 250
제4절 낙태의 죄 ······························································································· 253
제5절 유기와 학대의 죄 ·················································································· 254

제2장 자유에 대한 죄
제1절 협박의 죄 ······························································································· 256
제2절 강요의 죄 ······························································································· 261
제3절 체포와 감금의 죄 ·················································································· 262
제4절 약취·유인 및 인신매매의 죄 ····························································· 266
제5절 강간과 추행의 죄 ·················································································· 268

제3장 명예와 신용에 대한 죄
제1절 명예에 관한 죄 ······················································································ 276
제2절 신용·업무와 경매에 관한 죄 ····························································· 284

제4장 사생활의 평온에 대한 죄
제1절 비밀침해의 죄 ························································································ 292
제2절 주거침입의 죄 ······················································································· 293

제5장 재산에 대한 죄
제1절 재산죄의 기본개념 ················································································ 300
제2절 절도의 죄 ······························································································· 310
제3절 강도의 죄 ······························································································· 321
제4절 사기의 죄 ······························································································· 335
제5절 공갈의 죄 ······························································································· 356
제6절 횡령의 죄 ······························································································· 362
제7절 배임의 죄 ······························································································· 379
제8절 장물의 죄 ······························································································· 397
제9절 손괴의 죄 ······························································································· 409
제10절 권리행사를 방해하는 죄 ····································································· 415

제2편 사회적 법익에 대한 죄

제1장 공공의 안전과 평온에 대한 죄
제1절 공안을 해하는 죄 ·················································································· 429
제2절 폭발물에 관한 죄 ·················································································· 430
제3절 방화와 실화의 죄 ·················································································· 432
제4절 일수와 수리에 관한 죄 ········································································ 434
제5절 교통방해의 죄 ······················································································· 435

제2장 공공의 신용에 대한 죄
제1절 통화에 관한 죄 ······················································································ 437
제2절 유가증권·인지와 우표에 관한 죄 ····················································· 440
제3절 문서에 관한 죄 ····················································································· 444
제4절 인장에 관한 죄 ····················································································· 467

제3장 공중의 건강에 대한 죄
제1절 음용수에 관한 죄 ·················································································· 468
제2절 아편에 관한 죄 ····················································································· 469

제4장 사회의 도덕에 대한 죄
제1절 성풍속에 관한 죄 ·················································································· 470
제2절 도박과 복표에 관한 죄 ········································································ 473
제3절 신앙에 관한 죄 ······················································································ 475
제3편 국가적 법익에 대한 죄
제3편 국가적 법익에 대한 죄

제1장 국가의 존립과 권위에 대한 죄
제1절 내란의 죄 ······························································································· 479
제2절 외환의 죄 ······························································································· 481
제3절 국기에 관한 죄 ······················································································ 481
제4절 국교에 관한 죄 ······················································································ 481

제2장 국가의 기능에 대한 죄
제1절 공무원의 직무에 관한 죄 ····································································· 482
제2절 공무방해에 관한 죄 ·············································································· 501
제3절 도주와 범인은닉의 죄 ··········································································· 517
제4절 위증과 증거인멸의 죄 ·········································································· 522
제5절 무고의 죄 ······························································································· 535

부 록
2014년 제32회 법원행정고등고시 제2차 시험 ··························································· 549

이 자료는 법원행시에 있어서 최근 14년간(2001년~2014년)의 형법 기출문제를 ‘형법요론’ 순서대로 배열하고 해설을 붙인 것이다.

본 자료는 다음과 같은 용도로 활용될 수 있을 것이다.

1. 법원행시 등을 준비하는 수험생의 경우

첫째, 출제경향을 정확하게 파악하는 것이다.
출제경향도 모르고서 공부하는 것은 전투에 있어서 눈감고 칼을 휘두르는 것과 같다.
문제의 난이도는 어떤지, 문제의 유형은 어떤지, 그리고 어떤 부분들이 자주 출제가 되는지 정확하게 알고 공부한다면 시간과 노력의 낭비를 줄이고 매우 효율적인 학습을 할 수 있을 것이다.

둘째, 출제될 문제를 미리 알 수 있다.
기출문제들을 살펴보면 다른 시험에서는 자주 출제되었는데, 어떤 시험의 경우에는 아직 출제되지 않은 경우가 자주 발견된다. 출제자는 대개 동일한 경향을 가지고 있기 마련이다. 따라서 그런 문제는 내가 응시하는 시험에서도 조만간 출제될 것이 확실하므로 기출문제를 잘 정리하면 적은 노력으로 매우 좋은 점수를 얻을 수 있다.

셋째, 출제될 판례를 미리 알 수 있다.
최근에는 판례의 출제비중이 어느 시험이든지 매우 높다. 그런데 수만 개의 판례 중에서 출제가 가능한 판례들을 골라내어서 공부한다는 것은 매우 어려운 일이고, 그렇다고 수많은 판례를 무턱대고 공부할 수도 없는 일이다. 그러나 다른 시험에서 출제된 판례는 내가 응시하는 시험에서도 출제될 가능성이 매우 높다. 따라서 이미 출제된 판례들을 집중적으로 공부한다면 매우 효율적으로 판례공부를 할 수 있다.

2. 법원·검찰직 및 경찰채용 시험을 준비하는 학생의 경우
법원·검찰직 등의 공무원 시험문제를 분석해 보면 법원행시 등 국가고시에서 출제되었던 문제들을 약간씩 변형하여 출제하는 경우가 매우 빈번하다. 이유는 이미 출제되어 검증된 문제라는 점에서 정답시비의 부담을 줄일 수 있기도 하지만, 고시에 출제될 정도라면 그만큼 내용적으로도 중요도와 난이도를 확보하였다고 볼 수 있기 때문이다. 그러므로 여러 공무원시험에서 고득점을 목표로 한다면 한 단계 수준이 높은 법원행시 등의 기출문제를 정복하는 것은 필수적이라고 해도 지나친 말이 아닐 것이다. 기존의 공무원수험서의 낡고 단순한 문제수준에 묶여있지 말고 과감하게 법원행시 등의 수준 높은 문제를 소화하고 정리한다면 여기서 벌써 다른 수험생들과 현격한 실력격차를 벌일 수 있을 것이라고 확신한다.

아무쪼록 본서를 잘 활용하여 형법의 고득점이 합격의 견인차가 되기를 기원한다.

2015. 5. 10.
법학박사 신 호 진