2023 신호진 핵심기출 1000제 형사법 1 (형법총론)

[형사법Ⅰ 형 법 총 론]

·1. 형법의 기본개념 ······························································································· 3
·2. 죄형법정주의 ···································································································· 5
·3. 형법이론 ········································································································ 46
·4. 형법의 시간적 적용범위 ··················································································· 49
·5. 형법의 장소적 적용범위 ··················································································· 67
·6. 형법의 인적 적용범위 ······················································································ 79
·7. 범죄의 의의와 종류 ························································································· 81
·8. 행위의 주체와 객체 ························································································· 95
·9. 구성요건의 일반이론 ····················································································· 106
·10. 결과반가치와 행위반가치 ·············································································· 110
·11. 부작위범 ···································································································· 112
·12. 인과관계와 객관적 귀속 ··············································································· 133
·13. 구성요건적 고의 ·························································································· 148
·14. 구성요건적 착오 ·························································································· 162
·15. 과실범 ······································································································· 183
·16. 결과적 가중범 ····························································································· 202
·17. 위법성의 일반이론 ······················································································· 221
·18. 정당방위 ···································································································· 231
·19. 긴급피난 ···································································································· 247
·20. 자구행위 ···································································································· 259
·21. 피해자의 승낙 ····························································································· 264
·22. 정당행위 ···································································································· 277
·23. 책임의 일반이론 ·························································································· 301
·24. 책임능력 ···································································································· 308
·25. 위법성의 인식과 금지착오 ············································································ 328
·26. 기대가능성 ································································································· 364
·27. 미수범의 일반이론 ······················································································· 375
·28. 장애미수 ···································································································· 379
·29. 중지미수 ···································································································· 387
·30. 불능미수 ···································································································· 401
·31. 예비죄 ······································································································· 412
·32. 정범·공범의 일반이론 ··················································································· 420
·33. 간접정범 ···································································································· 439
·34. 공동정범 ···································································································· 449
·35. 교사범 ······································································································· 481
·36. 종 범 ········································································································· 496
·37. 공범과 신분 ································································································ 508
·38. 죄수의 일반이론 ·························································································· 523
·39. 일 죄 ········································································································· 528
·40. 수 죄 ········································································································· 549
·41. 형벌의 종류 ································································································ 573
·42. 형의 양정 ··································································································· 588
·43. 누 범 ········································································································· 604
·44. 집행유예·선고유예·가석방 ············································································· 617
·45. 형의 시효·소멸·기간 ····················································································· 637
·46. 보안처분 ···································································································· 643

< 서 문 >

2023년판 “핵심기출 1000제”의 변화

1. 2022년 최신 기출문제의 추가·보완
2023년판에서는 2022년에 시행되었던 경찰간부, 경찰승진, 일반경찰, 형사법능력평가, 법학경쟁채용, 해양경찰, 해양경찰간부, 해양경찰승진, 법원행시, 법원직9급, 검찰직 9급 및 7급, 변호사시험 등 약 500문제의 최신 기출문제의 내용들을 새롭게 추가·보완하였다. 이로써 빈틈이 더욱 치밀하게 보완됨으로써 적중률도 크게 향상되었다고 생각한다.

2. 2022년 최신판례 추가
2023년판에서는 이미 출제되었던 기출문제뿐만 아니라, 아직까지 출제되지는 않았지만 출제가능성이 매우 높은 최신판례의 내용까지 추가하였다(<최신판례>로 표시, 2022년 11월 15일자 판례공보까지 반영). 이로써 기출문제만으로 공부할 경우에 발생하는 허점 내지 사각지대를 완벽하게 보완할 수 있도록 하였다. 지난 2022년판에 추가되었던 최신판례들은 실제로 2022년 시험에서 대부분 적중한 것을 확인할 수 있었다.

3. 사례형 문제 집중 보강
2022년판 서문에서 이미 예견했듯이 2022년 시험에서 수험생들에게 큰 충격을 주었던 문제유형은 사례형 문제일 것이다. 긴 사실관계를 제시하고 그 안에 내포된 쟁점을 묻는 형태인데, 간략하게 요약된 판결요지 중심으로 공부를 해 온 수험생들에게는 매우 어려운 문제였을 것이다. 이에 2023년판에서는 그와 같은 사례형 문제를 형법과 형사소송법을 합쳐서 약 150문제 정도 추가함으로써(사례로 표시) 변화해 가는 출제경향에 적극적으로 대처할 수 있도록 하였다. 사례형 문제는 형법총론과 형법각론 그리고 형사소송법까지 다양한 논점이 복합되어 있기 때문에 초보자의 경우에는 1회독할 때에는 풀지 말고 2회독할 때부터 푸는 것이 좋다. 변호사시험 형사법문제의 경우 40문제 가운데 약 15문제 정도가 사례형 문제로 출제되고 있는데, 이러한 경향은 경찰, 검찰, 법원 등 다른 국가시험에 대해서도 큰 영향을 미칠 것이다. 앞으로는 판례공부도 “요지” 중심에서 “사례” 중심으로의 방향전환이 필요한 시점이다. 이러한 상황에서 판례의 ‘사실관계’와 관련 ‘쟁점’을 체계적으로 정리한 편저자의 형법 및 형사소송법, 수사와 증거 “3년간 최신판례정리”의 일독을 권한다.

아무쪼록 본서를 잘 활용하여 승리의 월계관을 쓰기를 기원하면서…

2022. 12. 1.
법학박사 신 호 진