주관식 시험 대비 형법 사례형 판례정리

1. 판례의 변경과 소급효금지의 원칙 ········································································ 3
2. 유추적용금지의 원칙 ·························································································· 7
3. 법인의 범죄능력 ································································································ 9
4. 작위와 부작위의 구별 ······················································································· 12
5. 보증인지위의 발생근거 및 미필적 고의 ······························································· 16
6. 인과관계와 객관적 귀속 ···················································································· 20
7. 개괄적 고의와 불능미수 ···················································································· 25
8. 신뢰의 원칙과 그 적용한계 ··············································································· 29
9. 부진정결과적 가중범과 직접성의 원칙 ································································ 32
10. 개괄적 과실과 직접성의 원칙 ·········································································· 37
11. 결과적 가중범의 공동정범 ··············································································· 40
12. 결과적 가중범의 미수 ····················································································· 42
13. 주관적 정당화요소를 결여한 경우 ···································································· 45
14. 지속적 위험에 대한 정당방위 ·········································································· 46
15. 환자의 자기결정권과 의사의 의무 ···································································· 50
16. 원인에 있어서 자유로운 행위 ·········································································· 54
17. 금지착오와 정당한 이유 ·················································································· 58
18. 위법성조각사유의 전제사실에 대한 착오 ··························································· 61
19. 위법성조각사유의 전제사실에 대한 착오와 공범 ················································· 64
20. 강요된 행위 ·································································································· 71
21. 실행의 착수시기 ···························································································· 74
22. 중지미수와 자의성의 판단기준 ········································································· 76
23. 불능미수에 대한 중지미수 ··············································································· 80
24. 불능미수와 위험성의 판단기준 ········································································· 82
25. 예비의 중지 및 예비죄의 종범 ········································································· 85
26. 예비죄의 성립요건 ························································································· 88
27. 필요적 공범과 총칙상의 공범규정의 적용여부 ···················································· 91
28. 간접정범의 성립요건 ······················································································ 93
29. 정범 배후의 정범이론 ····················································································· 95
30. 간접정범과 착오 ···························································································· 97
31. 승계적 공동정범 ···························································································· 99
32. 공동정범과 공동의 실행행위 ·········································································· 103
33. 공모관계의 이탈과 공모공동정범 ···································································· 105
34. 상해치사죄의 동시범 ····················································································· 109
35. 합동범의 공동정범 ························································································ 111
36. 교사범과 공범관계로부터의 이탈 ···································································· 115
37. 미필적 고의와 교사의 착오 ············································································ 118
38. 부작위에 의한 종범 ······················································································ 122
39. 목적과 신분 ································································································· 125
40. 진정신분범의 간접정범과 공범 ······································································· 128
41. 부진정신분범과 공범 ····················································································· 131
42. 불구성적 신분과 공범 ··················································································· 134
43. 교통사고 관련범죄의 죄수관계 ······································································· 136
44. 불가벌적 사후행위 ························································································ 139
45. ‘범죄행위에 제공한 물건’의 의미 ···································································· 143
46. 집행유예와 선고유예의 결격사유 ···································································· 146
47. 사람의 시기 ································································································· 149
48. 상해의 개념 ································································································· 152
49. ‘폭행’ 및 ‘위험한 물건 휴대’의 의미 ······························································· 154
50. 유기죄의 보호의무 및 불법영득의사 ································································ 157
51. 협박죄의 객체 및 기수시기 ············································································ 162
52. 강요죄의 고의 ······························································································ 166
53. 영리목적약취·유인죄와 인질강도죄 ·································································· 168
54. 주거침입죄와 강간죄의 관계 ·········································································· 171
55. 제310조와 진실성에 대한 착오 ······································································ 173
56. 출판물에 의한 명예훼손죄의 간접정범 ···························································· 177
57. 업무방해죄의 업무와 공무 ············································································· 181
58. 업무방해죄와 명예훼손죄의 관계 ···································································· 184
59. 컴퓨터 업무방해죄 ························································································ 186
60. 주거침입죄의 객체와 피해자의 동의 ································································ 188
61. 주거침입죄의 기수시기 ·················································································· 190
62. 형법상 재물의 개념 ······················································································ 193
63. 금제품의 재물성 ··························································································· 197
64. 형법상 점유의 요건 ······················································································ 200
65. 유류물·분실물에 대한 점유 ············································································ 202
66. 사자의 점유 및 사자 명의의 문서위조 ···························································· 205
67. 사자의 점유와 불법영득의 의사 ······································································ 209
68. 불법영득의사의 대상 ····················································································· 212
69. 불법영득의사에서 불법의 의미 ······································································· 217
70. 절도와 사용절도의 구별 ················································································ 220
71. 야간주거침입절도죄에서 ‘야간’의 적용범위 ······················································ 222
72. 합동절도죄 성립의 시간적 한계 ······································································ 224
73. 절도와 강도의 구별 ······················································································ 226
74. 야간주거침입 특수강도죄의 실행의 착수시기 ··················································· 229
75. 준강도죄의 기수와 미수의 판단기준 ································································ 232
76. 준강도죄의 공동정범 ····················································································· 234
77. 특수강도의 준강도의 판단기준 ······································································· 238
78. 강도강간죄의 주체 ························································································ 240
79. 잔금사기와 고지의무 ····················································································· 243
80. 사기죄에서 기망행위의 정도 ·········································································· 245
81. 사기죄와 처분의사 ························································································ 248
82. 사자에 대한 소송사기 ··················································································· 254
83. 사기죄와 횡령죄의 관계 ················································································ 257
84. 컴퓨터사용사기죄의 객체 ··············································································· 260
85. 신용카드 관련범죄 ························································································ 263
86. 신용카드의 부정발급과 부정사용 ···································································· 266
87. 강취·갈취한 현금카드에 의한 예금인출 ··························································· 269
88. 권리행사와 공갈죄 ························································································ 273
89. 공갈죄와 수뢰죄의 관계 ················································································ 276
90. 불법원인급여와 횡령죄 ·················································································· 279
91. 3자간 명의신탁과 횡령죄 ·············································································· 282
92. 리베이트 수수행위의 형사책임 ······································································· 286
93. 횡령죄의 기수시기 ························································································ 288
94. 예산전용과 불법영득의사 ··············································································· 291
95. 횡령행위의 상대방의 형사책임 ······································································· 294
96. 대표권을 남용한 약속어음 발행과 배임죄의 기수시기 ······································· 297
97. 이중매매의 형사책임 ····················································································· 302
98. 배임수재죄에서 신분의 존재시기 ···································································· 307
99. 장물의 동일성 ······························································································ 310
100. 장물취득죄에서 ‘취득’의 의미 ······································································ 314
101. 이미지 파일의 문서성 ················································································· 317
102. 문서와 명의인의 실재성 ·············································································· 321
103. 문서의 복사행위와 위조 ·············································································· 323
104. 허위공문서작성죄의 간접정범 ······································································· 326
105. 허위진단서작성죄와 허위공문서작성죄의 관계 ················································ 329
106. 공문서부정행사죄에서 ‘부정행사’의 의미 ······················································· 334
107. 공문서부정행사죄의 객체 ············································································· 337
108. 편면적 도박 ······························································································· 340
109. 경기의 도박성 ···························································································· 342
110. 직무유기죄와 허위공문서작성죄의 관계 ························································· 344
111. 뇌물과 직무관련성 ······················································································ 347
112. 뇌물의 몰수와 추징 ···················································································· 350
113. 공무집행방해죄와 직무집행의 적법성 ···························································· 353
114. 위계에 의한 공무집행방해죄와 직무유기죄의 관계 ·········································· 356
115. 범인도피죄의 공범 ······················································································ 359
116. 범인도피죄에서 ‘죄를 범한 자’의 의미 ·························································· 363
117. 증언거부권의 불고지와 위증죄 ····································································· 366
118. 위증죄에서 ‘허위’의 판단기준 ······································································ 369
119. 증거인멸죄의 객체 ······················································································ 371
120. 자기사건에 관한 증거인멸의 교사 ································································· 374
121. 공소시효의 완성과 무고죄 ··········································································· 377