2014 진신 형법 기출총정리

총론

제1편 서 론

제1장 형법의 개념 · 14
제2장 형법의 성격과 기능 ··································· 15
제3장 죄형법정주의 ··············································· 16
제4장 형법의 적용범위 ······································· 36
제5장 형법이론 ····· 52

제2편 범죄론

제1장 범죄의 기본 개념 ····································· 54
제1절 범죄의 의의와 종류 ····················· 54
제2절 행위론 ·············································· 60
제2장 구성요건론 · 61
제1절 구성요건 이론 ······························· 61
제2절 행위반가치와 결과반가치 ········· 65
제3절 범죄의 주체와 객체 ····················· 65
제4절 부작위범 ·········································· 70
제5절 인과관계와 객관적 귀속이론 ··· 90
제6절 구성요건적 고의 ··························· 101
제7절 구성요건적 착오(사실의 착오) ······· 108
제8절 과실범 ·············································· 117
제9절 결과적 가중범 ······························· 132
제3장 위법성론 ····· 144
제1절 위법성의 일반이론 ······················ 144
제2절 정당방위 ········································· 149
제3절 긴급피난 ········································· 162
제4절 자구행위 ········································· 169
제5절 피해자의 승낙 ······························· 174
제6절 정당행위 ········································· 186
제4장 책임론 ·········· 200
제1절 책임이론 ········································· 200
제2절 책임능력 ········································· 202
제3절 위법성의 인식 ······························· 216
제4절 금지착오(위법성의 착오) ·········· 221
제5절 기대가능성 ····································· 235
제5장 미수론 ·········· 243
제1절 예비?음모죄 ································ 243
제2절 미수범의 일반이론 ······················ 253
제3절 장애미수 ········································· 256
제4절 중지미수 ········································· 267
제5절 불능미수 ········································· 275
제6장 정범 및 공범론 ························ 280
제1절 정범과 공범의 일반이론 ············ 280
제2절 공동정범 ········································· 290
제3절 간접정범 ········································· 309
제4절 교사범 ·············································· 316
제5절 종범(방조법) ·································· 324
제6절 공범과 신분 ··································· 336
제7장 죄수론 ·········· 342
제1절 죄수의 일반이론 ··························· 342
제2절 일 죄 342
제3절 수 죄 351

제3편 형벌론

제1장 형벌론 ·········· 374
제1절 형벌의 종류 ··································· 374
제2절 형의 양정(양형) ··························· 386
제3절 누 범 ················································ 397
제4절 형의 유예제도 ······························· 400
제5절 형의 시효와 소멸 ························· 418
제6절 보안처분 ········································· 419

각론

제1편 개인적 법익에 대한 죄

제1장 생명과 신체에 대한 죄 ············· 426
제1절 살인의 죄 ········································ 426
제2절 상해와 폭행의 죄 ························· 434
제3절 과실치사상의 죄 ··························· 441
제4절 낙태의 죄 ········································ 446
제5절 유기와 학대의 죄 ························· 448
제2장 자유에 대한 죄 ······················· 451
제1절 협박의 죄 ········································ 451
제2절 강요의 죄 ········································ 456
제3절 체포와 감금의 죄 ························· 457
제4절 약취와 유인의 죄 ························· 465
제5절 강간과 추행의 죄 ························· 468
제3장 명예와 신용에 대한 죄 ·························· 480
제1절 명예에 관한 죄 ····························· 480
제2절 신용?업무와 경매에 관한 죄 · 503
제4장 사생활의 평온에 대한 죄 ······················ 518
제1절 비밀침해의 죄 ······························· 518
제2절 주거침입의 죄 ······························· 518
제5장 재산에 대한 죄 ·········································· 529
제1절 재산죄 일반론 ······························· 529
제2절 절도의 죄 ········································ 544
제3절 강도의 죄 ········································ 557
제4절 사기의 죄 ········································ 577
제5절 공갈의 죄 ········································ 617
제6절 횡령의 죄 ········································ 622
제7절 배임의 죄 ········································ 647
제8절 장물의 죄 ········································ 669
제9절 손괴의 죄 ········································ 681
제10절 권리행사를 방해하는 죄 ········· 686

제2편 사회적 법익에 대한 죄
제1장 공공의 안전과 평온에 대한 죄 ··········· 706
제1절 공안을 해하는 죄 ························· 706
제2절 방화와 실화의 죄 ························· 707
제3절 일수와 수리에 관한 죄 ·············· 713
제4절 교통방해의 죄 ······························· 714
제2장 공공의 건강에 대한 죄 ·························· 717
제1절 음용수에 관한 죄 ························· 717
제2절 아편에 관한 죄 ····························· 717
제3장 공공의 신용에 대한 죄 ·························· 718
제1절 통화에 관한 죄 ····························· 718
제2절 유가증권 및 우표와 인지에 대한 죄 ············ 723
제3절 문서에 관한 죄 ····························· 733
제4절 인장에 관한 죄 ····························· 764
제4장 사회도덕에 대한 죄 ································· 765
제1절 성풍속을 해하는 죄 ···················· 765
제2절 도박과 복표에 관한 죄 ·············· 775
제3절 신앙에 관한 죄 ····························· 780

제3편 국가적 법익에 대한 죄

제1장 국가의 존립에 대한 죄 ·························· 784
제1절 내란의 죄 ········································ 784
제2절 외환의 죄 ········································ 785
제3절 국기와 국교에 관한 죄 ·············· 786
제2장 국가의 기능에 대한 죄 ·························· 787
제1절 공무원의 직무에 관한 죄 ·········· 787
제2절 공무방해에 관한 죄 ···················· 817
제3절 도주와 범인은닉의 죄 ················ 839
제4절 위증과 증거인멸의 죄 ················ 847
제5절 무고의 죄 ········································ 858

형법을 학문적 연구의 대상 또는 실무가로서 실천적 의미에서 수사 또는 심리의 방향을 설정하는 것이 아닌 수험의 대상으로 준비하는 수험생의 입장에서는 그 공부방향 및 범위를 설정하는 것이 막연하게 다가올 수 있습니다. 이때 명확한 기준을 제시하는 것은 바로 기존 형법시험에 출제되었던 기출문제를 분석하고 접해보는 것이라고 생각합니다. 따라서 형법을 준비하는 수험생으로서는 기출문제를 접해봄으로써 자신의 현재 실력을 가늠해 볼 수 있는 좋은 계기가 됨과 동시에 앞으로의 형법시험 출제경향에 대한 적절한 예방주사를 맞는 것이라고 판단됩니다.