티스토리 뷰


친구가 시험 대비용으로 이 책을 도서관에서 빌려다 읽는 것을 보고 좋아 보여서 사게 되었습니다.책 표지나 내부디자인 등은 좀 올드해서 끌리지 않게 생기긴 했지만 내용은 정말 좋습니다. 변시 형법 사례형으로 나올 만한 이슈들이 빠짐없이 매우 잘 정리되어 있습니다. 여기에 중요판례문구도 붙어있음.객관식지문이 붙어 있다는 책들도 있는데 저는 이용배선생님 책처럼 판례원문이 있는 게 더 좋더라구요 객관식대비용으로는 더 좋은 책들이 있으니까요....이용배 FOB형법 보시는 분들은 특히 호환성 높으니 더욱 더 추천^^
- 독자대상 : 형법 학습생
- 구성 : 이론+문제+해설
- 특징 :
① 사례형으로 출제가능한 쟁점 총 182개 엄선
② 실제답안과 동일한 실전연습 31문제 정리
③ 사례형으로 출제가능한 중요판례 정리
④ 판례이론에 입각하여 결론 도출


쟁 점
ㆍ 쟁점 보안처분과 1_ 소급효금지의 원칙의 적용여부 ····························· 2
ㆍ 쟁점 2_공소시효를 소급적으로 정지시키는 법률의 허용여부 ··············· 4
ㆍ 쟁점 3_판례의 불리한 변경과 소급효금지의 원칙의 적용여부 ············· 6
ㆍ 쟁점 4_유추해석금지원칙의 위반여부 ··············································· 8
ㆍ 쟁점 5_유추해석금지원칙의 위반여부 ·············································· 11
ㆍ 쟁점 6_한시법의 추급효 인정여부 ·················································· 14
ㆍ 쟁점 7_보충규범의 개폐와 추급호 인정여부 ···································· 16
ㆍ 쟁점 8_법인의 범죄능력의 인정여부 ··············································· 18
ㆍ 쟁점 9_양벌규정을 근거로 위한행위자를 처벌할 수 있는지 여부 ······· 20
ㆍ 쟁점 10_작위와 부작위의 구별기준 ·················································· 22
ㆍ 쟁점 11_보증인지위와 보증인의무의 체계적 지위 ······························ 24
ㆍ 쟁점 12_보증인지위와 보증인의무의 체계적 지위(사례) ······················ 25
ㆍ 쟁점 13_보증인지위와 보증인의무의 체계적 지위(사례) ······················ 25
ㆍ 쟁점 14_작위의무의 발생근거와 내용 ··············································· 26
ㆍ 쟁점 15_부작위범에 있어서 정범과 공범의 구별 ······························· 28
ㆍ 쟁점 16_인과관계의 판단기준 ·························································· 30
ㆍ 쟁점 17_객관적 귀속의 기준 (적법한 대체행위이론) ·························· 32
ㆍ 쟁점 18_미필적 고의와 인식 있는 과실의 구분 ································· 34
ㆍ 쟁점 19_구성요건적 착오의 법적 효과 ············································· 36
ㆍ 쟁점 20_구성요건적 착오-병발사건의 경우 ······································· 38
ㆍ 쟁점 21_주의의무 위반의 판단기준 ·················································· 48
ㆍ 쟁점 22_부진정결과적 가중범의 인정여부 ········································· 49
ㆍ 쟁점 23_부진정결과적 가중범과 죄수 ··············································· 50
ㆍ 쟁점 24_결과적 가중범의 객관적 귀속의 기준(직접성의 원칙) ············ 55
ㆍ 쟁점 25_결과적 가중범의 공동정범 인정여부 ···································· 57
ㆍ 쟁점 26_결과적 가중범의 공범의 성립여부 ······································· 58
ㆍ 쟁점 27_진정결과적 가중범의 미수 인정여부 ···································· 60
ㆍ 쟁점 28_주관적 정당화요소의 요부-고의범의 경우 ···························· 64
ㆍ 쟁점 29_주관적 정당화요소의 요부-과실범의 경우 ···························· 65
ㆍ 쟁점 30_주관적 정당화요소의 내용 ·················································· 66
ㆍ 쟁점 31_주관적 정당화요소의 요부-고의범의 경우 ···························· 67
ㆍ 쟁점 32_주관적 정당화요소의 내용-과실범의 경우 ···························· 67
ㆍ 쟁점 33_주관적 정당화요소를 결한 경우의 효과 ······························· 68
ㆍ 쟁점 34_반복될 위험(지속적 위험)에 대한 정당방위의 인정여부 ········· 70
ㆍ 쟁점 35_반복될 위험에 대한 정당방위의 인정여부-김보은양 사건 ······ 72
ㆍ 쟁점 36_싸움과 정당방위의 인정여부, 오상방위의 법적효과 ··············· 73
ㆍ 쟁점 37_부정확한 설명에 의한 승낙과 의료행위의 법적효과 ·············· 74
ㆍ 쟁점 38_상관의 구속력 있는 위법한 명령에 따른 행위의 법적효과 ····· 76
ㆍ 쟁점 39_원인에 있어서 자류로운 행위의 가벌성의 이론구성 ·············· 77
ㆍ 쟁점 40_법률의 부지를 법률의 착오로 볼 수 있는지 여부 ················· 80
ㆍ 쟁점 41_형법 제16조의 정당한 이유의 판단기준 ······························· 81
ㆍ 쟁점 위법성조각사유의 42_ 전제사실의 착오의 법적 효과 ··················· 82
ㆍ 쟁점 43_기대가능성의 판단기준 ······················································· 87
ㆍ 쟁점 44_실행의 착수시기의 판단기준 ··············································· 88
ㆍ 쟁점 45_중지미수의 요건인 자의성의 판단기준 ································· 90
ㆍ 쟁점 46_공포심에 의한 중지와 자의성의 인정여부 ···························· 92
ㆍ 쟁점 47_착수미수와 실행미수의 구별기준 ········································· 94
ㆍ 쟁점 48_불능미수의 중지미수 성립여부 ············································ 96
ㆍ 쟁점 49_불능미수의 위험성의 판단기준 ············································ 98
ㆍ 쟁점 50_타인예비의 예비죄(정범) 인정여부 ····································· 104
ㆍ 쟁점 51_예비죄의 종범의 성립(가별성 인정)여부 ····························· 105
ㆍ 쟁점 52_예비의 중지범의 인정여부 ················································ 107
ㆍ 쟁점 53_필요적 공범 중 대향범에 대한 공범규정의 적용여부 ··········· 108
ㆍ 쟁점 54_정범과 공범의 구별기준 ··················································· 112
ㆍ 쟁점 55_공범의 종속성의 여부 ······················································ 113
ㆍ 쟁점 56_공범의 종속성의 정도 ······················································ 114
ㆍ 쟁점 57_정범배후의 정범이론의 인정여부 ······································· 115
ㆍ 쟁점 58_간접정범의 실행의 착수시기 ············································· 116
ㆍ 쟁점 59_간접정범에서 피이용자의 성질의 착오의 법적 효과 ············· 117
ㆍ 쟁점 60_공동점범의 성립요건 ························································ 118
ㆍ 쟁점 61_승계적 공동정범의 후행가담자의 귀책범위 ························· 119
ㆍ 쟁점 62_과실범의 공동정범 인정여부 ············································· 121
ㆍ 쟁점 63_공모공동정범 인정여부 ····················································· 122
ㆍ 쟁점 64_제263조의 적용범위 ························································· 127
ㆍ 쟁점 65_교사범의 공범관계로부터의 이탈의 요건과 효과 ················· 128
ㆍ 쟁점 66_정범의 객체의 착오와 교사자의 죄책 ································· 129
ㆍ 쟁점 67_교사의 교사의 가벌성 인정여부 ········································ 130
ㆍ 쟁점 68_제33조 본문과 단서의 적용범위 ········································ 131
ㆍ 쟁점 69_제33조 단서의 법적 효과 ················································· 135
ㆍ 쟁점 70_불가벌적 사후행위의 인정효과 ·········································· 136
ㆍ 쟁점 71_집행유예 결격요건인 제62조 제1항의‘금고 이상의 형’의 의미 ··············································································· 140
ㆍ 쟁점 72_자연분만의 경우 사람의 시기 ············································ 144
ㆍ 쟁점 73_제왕절개의 경우 사람의 시기 ············································ 144
ㆍ 쟁점 74_사람의 종기 ···································································· 146
ㆍ 쟁점 75_영아살해죄의 주체인 직계존속의 범위 ······························· 146
ㆍ 쟁점 76_상해의 개념 ···································································· 148
ㆍ 쟁점 77_특수폭행죄의 위험한 물건의‘휴대’의 의미 ······················ 150
ㆍ 쟁점 78_낙태죄의‘낙태’의 의미-낙태죄의 기수시기 ····················· 151
ㆍ 쟁점 79_사무관리·관습·조리에 근거한 보호의무의 인정여부 ········· 152
ㆍ 쟁점 80_제3자의 법익을 침해하는 것을 내용으로 하는 해약고지가 협박으로 인정되기 위한 요건 ··········································· 157
ㆍ 쟁점 81_인질강요죄의 실행의 착수시기 ·········································· 158
ㆍ 쟁점 82_감금죄의 객체 ································································· 159
ㆍ 쟁점 83_상대적 상해개념의 인정여부 ············································· 162
ㆍ 쟁점 사자도 84_ 명예의 주체가 될 수 있는지 여부 ·························· 163
ㆍ 쟁점 85_전파성이론의 인정여부 ····················································· 164
ㆍ 쟁점 86_허위사실을 진실로 오인하고 공공의 이익을 위하여 적시한 경우의 법적 효과 ···························································· 168
ㆍ 쟁점 87_제309조의‘기타 출판물’의 범위 ···································· 171
ㆍ 쟁점 88_집합명칭에 의한 모욕죄의 성립요건 ·································· 172
ㆍ 쟁점 89_업무방해죄의 업무의 의의 ················································ 174
ㆍ 쟁점 90_업무방해죄의 업무에 공무가 포함될 수 있는지 여부 ··········· 176
ㆍ 쟁점 91_파업이 업무방해죄의 위력에 해당하기 위한 요건 ················ 180
ㆍ 쟁점 92_부재중인 남편의 주거에 대한 지배관리관계 인정여부 ········· 182
ㆍ 쟁점 93_일반공중에 개방된 장소에 범죄목적으로 들어간 경우 주거침입죄의 성립여부 ····················································· 183
ㆍ 쟁점 94_재물의 개념 ···································································· 186
ㆍ 쟁점 95_금제품의 재물성 ······························································ 187
ㆍ 쟁점 96_재산상 이익의 범위 ·························································· 189
ㆍ 쟁점 97_상속에 의한 점유의 이전의 인정여부 ································· 190
ㆍ 쟁점 98_살해 후 영득의사가 생겨 피해자의 재물을 영득한 경우 ······ 192
ㆍ 쟁점 99_불법영득의사의 대상 ························································ 193
ㆍ 쟁점100_불법영득의사의‘불법’의 의미 ········································ 196
ㆍ 쟁점101_친족상도례가 적용되기 위한 친족관계의 존재범위 ·············· 198
ㆍ 쟁점102_입목의 절취와 절도죄의 기수시기 ····································· 199
ㆍ 쟁점103_합동의 의의 ···································································· 202
ㆍ 쟁점104_합동범의 공동정범 인정여부 ············································· 203
ㆍ 쟁점105_이익강취죄가 성립하기 위해 피해자의 처분행위의 요부 ······ 210
ㆍ 쟁점106_야간주거침입강도의 실행의 착수시기 ································· 211
ㆍ 쟁점107_준강도죄의 기수와 미수의 판단기준 ·································· 213
ㆍ 쟁점108_준강도죄의 처벌기준 ························································ 215
ㆍ 쟁점109_절도의 공모자에게 (준)강도상해죄의 공동정범이 성립가능성 ··217
ㆍ 쟁점110_인질강도죄의 실행의 착수시기 ·········································· 219
ㆍ 쟁점111_날치기과정에서의 상해를 입힌 경우 강도치상죄의 성부 ······ 220
ㆍ 쟁점112_강도의 공모자 중 일부가 상해를 입힌 경우 법적효과 ········· 221
ㆍ 쟁점113_삼각사기의 경우 처분행위자(피기망자)의 요건 ···················· 224
ㆍ 쟁점114_불법원인급여와 사기죄의 성부 ·········································· 225
ㆍ 쟁점115_권리실현의 수단으로 기망행위를 한 경우 사기죄의 성립여부 ·228
ㆍ 쟁점116_컴퓨터사용사기죄의 객체인 재산상 이익에 재물의 포함여부 ···229
ㆍ 쟁점117_위임범위를 초과하여 현금카드로 현금을 인출한 경우의 죄책 ·231
ㆍ 쟁점118_절취한 후불식 공중전화카드의 사용에 대한 죄책 ·················· 233
ㆍ 쟁점119_공갈죄의 객체인 ‘타인’의 재물이라고 할 수 없는 경우 ··· 238
ㆍ 쟁점120_권리실현의 수단으로 공갈을 한 경우 공갈죄가 성립여부 ····· 241
ㆍ 쟁점121_지입회사 소유인 지입차량의 보관자가 될 수 있는 경우 ····242
ㆍ 쟁점122_착오로 송금된 금전과 횡령죄의 성립여부 ······························ 243
ㆍ 쟁점123_불법원인급여물과 횡령죄의 성립여부 ······································ 244
ㆍ 쟁점124_목적·용도를 정하여 위탁한 금전을 임의소비한 경우 횡령죄의 성립여부 ··································································· 246
ㆍ 쟁점양도한 채권을 ㆍ 125_ 변제수령한 경우 횡령죄의 성립여부 ··············· 248
ㆍ 쟁점126_2자간의 명의신탁에서 수탁자의 임의처분의 법적 효과 ········· 252
ㆍ 쟁점127_3자간의 명의신탁과 수탁자의 임의처분의 법적 효과 ············ 254
ㆍ 쟁점128_매도인이 선의인 계약명의신탁과 수탁자의 임의처분의 법적효과 ··················································································· 256
ㆍ 쟁점129_매도인이 악의인 계약명의신탁과 수탁자의 임의처분의 법적효과 ··················································································· 259
ㆍ 쟁점130_타인의 사무처리자 및 손해발생의 위험의 인정여부 ··············· 267
ㆍ 쟁점131_부동산의 이중매매와 배임죄의 주체가 되는 시기 ·················· 268
ㆍ 쟁점132_부동산의 이중매매와 배임죄의 실행의 착수시기와 기수시기··································································································· 269
ㆍ 쟁점133_부동산의 이중매매와 악의의 후매수인의 죄책 ······················· 270
ㆍ 쟁점134_환전통화의 장물성 인정여부 ···················································· 273
ㆍ 쟁점135_불가벌적 사후행위로 취득한 재물의 장물성의 인정여부 ········ 274
ㆍ 쟁점136_방화죄의 기수시기 ··································································· 278
ㆍ 쟁점137_사자명의의 문서성 ··································································· 279
ㆍ 쟁점138_공문서작성의 보조자가 작성권자를 이용하는 경우 허위 공문서작성죄의 성립여부 ················································ 283
ㆍ 쟁점139_공정증서원본부실기재죄의 ‘부실의 사실’의 의미 ·············· 284
ㆍ 쟁점140_위조문서행사죄가 성립하는 경우 ············································· 285
ㆍ 쟁점141_운전면허증에 신분증명용도가 인정되는지 여부 ······················ 286
ㆍ 쟁점142_공무집행방해죄의 직무집행의 적법성 판단의 기준 ················ 293
ㆍ 쟁점143_업무방해죄의 ‘업무’에 해당하는지 여부, 공무집행의 적법성의 판단방법 ··························································· 294
ㆍ 쟁점144_직무집행의 적법성의 체계적 지위 ··········································· 295
ㆍ쟁점 자기은닉 ㆍ 145_ ·도피의 교사와 교사범의 성립여부 ························· 296
ㆍ 쟁점146_죄를 범한 자가 진범인임을 요하는지 여부 ····························· 300
ㆍ 쟁점147_범인은닉과 친족간의 특례규정의 법적 효과 ··························· 301
ㆍ 쟁점148_위증죄의 허위진술의 의미 ······················································· 302
ㆍ 쟁점149_자기의 형사사건에 대한 위증교사와 교사범의 성립여부 ········ 303
ㆍ 쟁점150_자기의 형사사건에 대한 증거인멸의 교사와 교사범의 성부 ····304
ㆍ 쟁점151_자기무고의 교사와 방조의 경우 교사범과 종범의 성립여부····································································································· 305
ㆍ 쟁점152_변호사에 대한 징계처분도 무고죄의 징계처분에 포함여부 ···· 306
실 전 연 습
ㆍ 실전연습 1_결과발생이 뒤로 미루어진 사례 ···································· 39
ㆍ 실전연습 2_결과발생이 뒤로 미루어진 사계 ···································· 46
ㆍ 실전연습 3_부진정결과적 가중범의 인정여부 및 죄수 ······················ 52
ㆍ 실전연습 4_진정 결과적 가중범의 미수의 인정여부 ························· 62
ㆍ 실전연습 5_원인에 있어서 자유로운 행위 ······································· 78
ㆍ 실전연습 6_위법성조각사유의 전제사실의 착오의 법적 효과 ············· 84
ㆍ 실전연습 7_불능미수의 성립요건,불능미수의 중지미수의 성립여부 ·····102
ㆍ 실전연습 8_필요적 공범 중 대향범에 대한 공범규정의 적용여부 ····· 110
ㆍ 실전연습 9_공모관계 이탈의 요건과 효과 ······································ 124
ㆍ 실전연습 10_비신분자가 이중신분범에 가담한 경우 ························· 132
ㆍ 실전연습 11_비신분자가 가중적 부진정신분범에 가담한 경우 ··········· 134
ㆍ 실전연습 12_협박죄의 법적 성질과 기수시기 ·································· 154
ㆍ 실전연습 13_법률상의 처가 강간죄의 객체가 될 수 있는지 여부 ······ 160
ㆍ 실전연습 14_장래의 일의 적시가 사실의 적시가 될수 있는지여부 ····· 166
ㆍ 실전연습 15_주거침입죄의 고의 및 기수시기 ·································· 184
ㆍ 실전연습 16_금제품의 재물성 ························································ 188
ㆍ 실전연습 17_예금통장을 사용한후 반환한 경우 절도죄의 성립여부 ·····194
ㆍ 실전연습 18_야간주거침입절도죄의 법적 성격 ································· 200
ㆍ 실전연습 19_‘합동’의 의미 및 합동범의 공동정범 인정여부 ········· 205
ㆍ 실전연습 제 20_ 331조 제2항의 특수절도죄에서‘흉기’의 의미 ······ 208
ㆍ 실전연습 21_과다지급금을 영득한 경우 사기죄의 성립여부 ·············· 222
ㆍ 실전연습 22_불법원인급여와 사기죄의 성립여부 ······························ 227
ㆍ 실전연습 23_절취한 신용카드로 예금을 인출한 경우의 법적효과 ·····236
ㆍ 실전연습 24_공갈죄의 부작위에 의한 처분행위의 요건 ························ 239
ㆍ 실전연습 25_고속버스 유실물의 영득과 법적효과 ···························· 262
ㆍ 실전연습 26_대물변제 예약 부동산의 임의처분과 배임죄의 성립여부 · 264
ㆍ 실전연습 27_동산의 이중매매와 배임죄의 성립여부 ························· 271
ㆍ 실전연습 28_장물알선죄의 기수시기 ···················································· 275
ㆍ 실전연습 29_가명의 사용과 사문서위조죄의 성립여부 ·························· 280
ㆍ 실전연습 30_공갈죄와 수뢰죄의 관계 ···················································· 290
ㆍ 실전연습 31_범인이 자기도피를 교사한 경우가 아니라‘자기도피’에 해당하는 경우 ·····································································297

 

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