2025 대비 NFT 정주형 형법 기출총정리(개정2판)-09.30 출간예정

[법문서적]

법문서적 | 국가고시, 공무원시험, 전문자격시험 도서 전문 (bubmoon.com)

법문서적 | 국가고시, 공무원시험, 전문자격시험 도서 전문

1. 들어가며
필자는 종래 「Bestlo 형법 기출총정리」로 형법 기출문제집을 출간하였으나, 2024년 판부터는 NFT 형법기출총정리라는 이름으로 새롭게 변경하였다. 본서는 최신 유형의 문제를 총망라하고, 난이도 높은 문제들을 대비하기 위해 전국가직 시험은 물론, 변호사시험과 법원행시 등의 고등고시의 핵심문제까지도 적절하게 배치하였다.
매년 새로운 기출문제를 무조건적으로 수록하기만 하고 기존의 문제를 유지하면 지속적으로 교재의 양이 늘어날 수밖에 없다. 필자는 뼈를 깎는 심정으로 종래 기출문제의 상당부분을 삭제하고 새로운 문제로 대처하였으며 최근의 출제경향에 맞추어 기출문제들을 선별하였다. 다만, 2023년도와 2024년도의 신작문제들은 모두 수록하는 것을 원칙으로 하였고, 판례가 변경된 경우(가령, 친족상도례 형면제규정의 즉시 적용중지 등)를 철저히 반영하여 해당문제를 변형하거나 삭제하여 불필요한 학습을 하지 않도록 주의하였다.

형법과목은 직렬별로 형법총론과 형법각론의 출제비중의 편차가 심하다. 법원직의 경우, 형법총론이 20~30%밖에 출제되지 않으나 국가직의 경우 형법총론의 비중이 60~70%에 달한다.
반면 경찰채용이나 경찰승진, 경찰간부시험은 형법총론과 형법각론이 비슷한 비율로 출제되고 있다. 다만, 총론과 각론, 이론과 판례의 출제비중은 다름에도 불구하고 최근 모든 시험의 출제경향은 비슷해지고 있다. 바로 변호사시험의 영향을 받고 있는 것이다. 더하여 국가직과 경찰직이 교수출제로 전환되면서 로스쿨에서 강의 중이신 분들이 대거 출제위원으로 선정되면서
변호사시험과도 상당부분 유사성을 보이고 있다. 또한 모든 시험에서 표준판례의 비중이 상승하였고, 지엽적인 판례보다는 이론을 중심으로 한 핵심판례들이 출제되고 있다.

본서는 국가직(검찰직·철도경찰직), 군수사직을 위시하여 경찰간부, 경찰승진, 경찰채용 등 다양한 직렬의 시험을 대비하기 위한 기출문제집이다. 더불어 법원행시와 변호사시험 문제들까지도 상당수 반영함으로써 다양한 난이도의 문제들을 접할 수 있도록 기획하였다.
다만, 법원직 시험의 경우 이론이 전혀 출제되지 않고 다른 시험과는 다소 차이가 있어, 별도로 디케(DIKE) 형법기출총정리로 출간되고 있음에 유의해야 한다.

2. 본서의 특징
⑴ 최신기출문제를 중심으로 변호사시험 문제까지도 엄선수록 본서는 2015년 이후 2024년까지의 기출문제들을 중심으로 엄선하였고 그 이전의 문제라도 수준 높은 문제들은 적재적소에 배치하였고 변호사시험과 법원행시 등의 고등고시 기출문제도
충분히 다루고 있다.

⑵ 정확하고 체계적인 해설
본서를 집필함에 있어 보다 신경 쓴 것은 풍부하고 정확한 해설을 다는 것이었다. 체계적인 해설을 수록함으로써 교과서(기본서)의 도움이 없다하더라도 본서의 해설만으로 해당문제의 취지와 내용을 철저히 이해하고 정리할 수 있게 하였다.

⑶ 최신판례와 최신개정법령 철저검수
필자는 최신판례와 개정법령을 철저히 검토하여 최신판례와 개정법령에 배치되는 지문을 변형하거나 다른 연도의 기출문제를 조합함으로써 불필요한 학습을 하지 않도록 노력하였다.

3. 맺으며
필자는 15년 이상 형사법을 공부하며 다양한 직렬에서 강의를 진행하였다. 그 가운데에서 다양한 수강생들의 질문과 의문, 많은 실무가들의 문제제기를 통해 연구자가 얻기 어려운 실전적이고 현실적인 문제점들도 인식하게 되었다. 그절박한 마음으로 시험을 준비하는 모든 독자들에게 경의를 표하며, 그들의 인생이 소중하다는 점을 가슴깊이 새기며 조금이라도 학습의 효율성을 높이기 위해 문제선정과 편집에 심혈을 기울였다. 본서로 학습하는 모든 독자들에게 감사와 존경의 말씀을 전한다.

본서의 출간에 이르는 전 과정을 함께해 준 김백선, 홍민교, 이종배, 노채선님 등에게 감사의 말을 전하며 본서의 서문을 마무리하기로 한다.

2024년 9월 16일
필자 정주형

[형법 총론] 
제1편 서론 
제1장❘죄형법정주의······································································································· 5 
제2장❘형법의 적용범위·································································································· 29 
 
제2편 범죄론 
제1장❘범죄의 기본개념································································································· 47 
제2장❘구성요건론 
제1절 구성요건 이론··························································································· 60 
제2절 행위반가치와 결과반가치········································································· 61 
제3절 범죄의 주체와 객체·················································································· 62 
제4절 부작위범···································································································· 69 
제5절 인과관계와 객관적 귀속이론··································································· 94 
제6절 구성요건적 고의······················································································ 109 
제7절 구성요건적 착오(사실의 착오)······························································· 123 
제8절 과실범······································································································· 135 
제9절 결과적 가중범·························································································· 146 
제3장❘위법성론 
제1절 위법성 일반이론······················································································ 156 
제2절 정당방위··································································································· 161 
제3절 긴급피난··································································································· 169 
제4절 자구행위··································································································· 174 
제5절 피해자의 승낙·························································································· 178 
제6절 정당행위··································································································· 185 
제7절 위법성 조각사유 종합문제····································································· 198 
제4장❘책임론 
제1절 책임이론과 책임능력················································································ 211 
제2절 위법성의 인식························································································· 225 
제3절 법률의 착오(금지착오)··········································································· 228 
제4절 기대가능성······························································································· 252 
제5장❘미수론 
제1절 예비·음모죄··························································································· 260 
제2절 장애미수·································································································· 268 
제3절 중지미수··································································································· 291 
제4절 불능미수··································································································· 298 
제6장❘ 공범론 
제1절 정범과 공범의 일반이론········································································· 307 
제2절 공동정범··································································································· 319 
제3절 간접정범·································································································· 339 
제4절 교사범······································································································ 348 
제5절 종범(방조범)···························································································· 360 
제6절 공범과 신분····························································································· 370 
제7장❘죄수론 
제1절 일 죄········································································································· 377 
제2절 수 죄········································································································ 399 
 
제3편 형벌론 
제1장❘ 형벌의 종류········································································································ 417 
제2장❘ 형의 양정(양형)································································································· 436 
제3장❘ 누 범·················································································································· 448 
제4장❘ 형의 유예제도···································································································· 452 
제5장❘ 형의 시효와 소멸······························································································ 473 
제6장❘ 보안처분············································································································· 477 
 
[형법 각론] 
제1편 개인적 법익에 대한 죄 
제1장❘생명과 신체에 대한 죄 
제1절 살인의 죄 ································································································ 453 
제2절 상해와 폭행의 죄···················································································· 457 
제3절 과실치사상의 죄······················································································ 472 
제4절 유기와 학대의 죄···················································································· 476 
제2장❘자유에 관한 죄 
제1절 협박의 죄································································································· 484 
제2절 강요의 죄································································································ 494 
제3절 체포와 감금의 죄···················································································· 499 
제4절 약취와 유인 및 인신매매의 죄····························································· 506 
제5절 강간과 추행의 죄···················································································· 511 
제3장❘명예와 신용에 관한 죄 
제1절 명예에 관한 죄······················································································· 530 
제2절 신용·업무와 경매에 관한 죄································································ 557 
제4장❘사생활의 평온에 관한 죄 ··········································································· 580 
제5장❘재산에 대한 죄 
제1절 재산죄 일반론························································································· 596 
제2절 절도의 죄································································································ 605 
제3절 강도의 죄································································································· 622 
제4절 사기의 죄································································································ 635 
제5절 공갈의 죄································································································· 677 
제6절 횡령의 죄································································································ 686 
제7절 배임의 죄································································································· 712 
제8절 장물의 죄································································································· 744 
제9절 손괴의 죄································································································· 754 
제10절 권리행사를 방해하는 죄······································································· 765 
 
제2편 사회적 법익에 대한 죄 
제1장❘공공의 안전과 평온에 대한 죄 
제1절 공안을 해하는 죄···················································································· 787 
제2절 폭발물에 관한 죄···················································································· 792 
제3절 방화와 실화의 죄···················································································· 793 
제4절 일수와 수리에 관한 죄·········································································· 804 
제5절 교통방해의 죄························································································· 807 
제2장❘공공의 건강에 관한 죄 ··············································································· 814 
제3장❘공공의 신용에 관한 죄 
제1절 통화에 관한 죄························································································ 815 
제2절 유가증권 및 우표와 인지에 대한 죄 ·················································· 820 
제3절 문서에 관한 죄························································································ 831 
제4절 인장에 관한 죄························································································ 871 
제4장❘사회적 도덕에 대한 죄 
제1절 성풍속을 해하는 죄················································································ 874 
제2절 도박과 복표에 관한 죄·········································································· 878 
제3절 신앙에 관한 죄······················································································· 884 
 
제3편 국가적 법익에 대한 죄 
제1장❘국가의 존립에 대한 죄 
제1절 내란의 죄································································································· 889 
제2절 외환의 죄································································································· 892 
제3절 국기와 국교에 관한 죄·········································································· 895 
제2장❘국가의 기능에 대한 죄 
제1절 공무원의 직무에 관한 죄······································································· 896 
제2절 공무방해에 관한 죄················································································ 947 
제3절 도주와 범인은닉의 죄············································································ 980 
제4절 위증과 증거인멸의 죄············································································ 991 
제5절 무고의 죄······························································································· 1003