NFT 정주형 형법 총론(개정4판),정주형,네오고시뱅크

[용봉서적2]

NFT 정주형 형법 총론(개정4판)
정가	29,000원
판매가	26,100원
적립금	261원
저자	정주형
출판사	네오고시뱅크
발행일	2025-03-20
판형	190x260/458p
ISBN	9791192930930

 

상세설명

NFT 형법총론/각론의 발행도 4판에 이르렀다. 최근 몇년간은 형사법의 특별한 개정이 없었다. 다만, 학문의 발전과 함께 우리법에 맞는 다양한 이론들이 체계적으로 정립되었고, 이러한 논의들이 차례로 판례에 반영되어 판시됨으로써 형사법분야에 있어서 법치주의의 확립에 기여하고 있다. 4판 개정판은 3판에 비해 보다 철저하게 판례가 추가되었고 명확한 학습을 도모하기 위해 일부 표현을 정비하는 데에 신경을 썼다.


형법학습은 독일의 이론과 한국의 이론, 현행법의 태도 사이의 괴리로 인하여 많은 수험생들이 형법학습에 어려움을 겪고 있다. 형법을 학습하는 모든 수험생들은 명쾌한 이론정리를 통해 법조문과 판례를 유기적으로 이해하기를 꿈꾼다. 그러나 실제 수험현실은 이론의 늪에 허우적대다가 결국은 기출과 판례중심으로 학습을 하는 것이 보통이다. 이는 현대 독일의 형법이론이 우리나라 현행법의 태도와 차이가 있다는 점에서 기인한다. 현재 수험가에서 기본으로 배우는 형법이론은 1975년 독일 형법(합일태적 범죄체계론을 기반)을 바탕으로 한 것이다. 그러나 우리 형법은 그 보다 20년 이상이 앞선 1953년도에 제정된 것이고 그보다 20여년 앞선 1931년 일본형법개정 가안(신고전주의 범죄체계론을 기반)을 모델로 삼고 있다.


필자는 우리 형법의 입법배경을 철저히 분석하여 우리 법이 선택한 이론을 명확히 소개하고, 실제이론문제에서 상당수 출제되는 합일태적 범죄체계를 비교설명하는 방식으로 교재를 구성하였다.
초판이 나온 이후 본서의 반복적 강의를 통해, 많은 독자들이 형법이론과 판례의 관계를 명확히 이해하고 손쉽게 이론을 정리하는 현실도 직접 경험하였다.

최근 각종 국가고시에서는 형법이론의 출제반영비율이 지속적으로 늘고 있다. 형법수험서들도 다양한 이론을 소개·분석하고 있지만 1975년 독일 형법을 바탕으로 한 이론을 중심으로 교재를 서술하다보니, 우리 형법과 판례와는 상당한 극간을 보이고 있다. 필자는 우리법과 독일법을 간명하게 비교해가면서 형법이론문제를 손쉽게 독파할 수 있도록 하였고, 무엇보다 판례를 체계적으로 정리하여 이론과 판례가 일치될 수 있도록 노력하였다. 실제 시험 역시 합일태적 범죄체계론과 우리 형법의 태도를 비교하는 것이 핵심이 되고 실익이 없는 단지 이론일뿐인 문제들은 출제되고 있지 않다는 점을 주목해야 한다.

판례중심으로 출제되는 법원직 시험 등에 있어서는 더더욱 우리 형법의 이론적 배경을 제대로 학습하는 것이 필요하다. 판례는 새롭게 법을 창조할 수 없고 오로지 존재하는 법의 의미를 정확히 확인하는 역할만을 수행하기 때문이다. 본서의 제목인 NFT란 Non Fungible Tutor의 약칭이다.
본서의 핵심적 특징은 다음과 같다.

1. 출제방향에 맞춘 형법이론의 체계적 정리
1953년 제정형법이 취하는 형법이론을 바탕으로, 목적적 범죄체계를 거쳐 합일태적 범죄체계가 확립된 독일의 형법이론까지를 정확하고 철저하게 정리하였다. 본서는 다양한 예와 함께, 각주 등을 통해 독일과 우리 형법의 차이, 형법제정시의 입법자의 의도 등을 부연하였다.
2. 형사법학회 선정 표준판례 전면수록
형사법학회는 법학전문대학원협의회의 의뢰로 형법표준판례를 선정하였고, 이렇게 선정된 표준판례는 비단 변호사시험뿐만 아니라 법원직, 국가직, 경찰직, 법원행시 등 모든 국가고시에 전면반영되어 출제되고 있다. 본서는 표준판례 543선을 철저히 반영하여 수록하였고 독자들이 쉽게 확인할 수 있도록 標準이라는 표시를 해 두었다.
3. 2025.2.말까지 최신판례와 최신개정법령의 철저한 반영
2025년 2월 말까지의 판례 및 개정된 법률의 내용을 최대한 정리하여 반영함으로써 판례 및 개정법을 별도로 하지 않고도 본서만으로 정확히 정리하도록 하였다.
4. 기출문제의 완전분석 및 반영
최근 변호사시험뿐 아니라 국가직, 법원직, 경찰채용과 경찰간부, 경찰승진시험 등 모든 시험의 난이도가 급격히 올라가고 있다. 본서는 이러한 난이도를 고려하여, 판례의 결론뿐 아니라 근거, 핵심논리등을 일목요연하게 정리하는 데에 신경을 썼다.
5. 판례목차의 체계화, 판례내용에 대한 볼드·언더라인 작업
형법 시험에서는 판례가 차지하는 비율이 매우 높다. 모든 판례를 처음부터 끝까지 읽고 정리한다는 것은 수험경제학상 결코 좋은 방법이 아니다. 필자는 판례의 제목과 철저히 체계화 하여 제목만으로도 판례 내용의 학습이 이루어질 수 있도록 하였고, 볼드와 언더라인을 통해 핵심내용을 손쉽게 이해할 수 있도록 하였다.

본서가 집필되는 과정에 많은 분들의 도움이 있었다. 함께 해준 이종배, 김백선, 최의식, 홍민교,노채선님에게 감사의 말씀을 전한다. 필자로부터 형법강의를 수강한 많은 수험생들은 질문과 건의를 통해, 필자에게 집필방향을 제시해주기도 하였다. 모든 독자들에게 합격의 영광이 함께 하기를 기원하며 본서의 서문을 마무리하기로 한다.

[형법총론 탈고] 2025. 3. 11.
필자 정주형

목차

형법 총론 
제1편 서론 
제1장❘형법의 기본개념 
제1절 형법의 의의····························································································· 3 
제2절 형법의 기능···························································································· 4 
제3절 형법이론 ································································································ 5 
제4절 죄형법정주의··························································································· 7 
제2장❘형법의 적용범위 
제1절 시간적 적용범위···················································································· 31 
제2절 장소적 적용범위··················································································· 40 
제1항 입법주의 / 40 
제2항 형법의 태도 / 40 
제3절 인적 적용범위······················································································· 46 
 
제2편 범죄론 
제1장❘범죄론의 기초 
제1절 범죄의 의의와 종류··············································································· 49 
제1항 범죄의 개념 / 49 
제2항 범죄의 성립요건·처벌조건·소추조건 / 49 
제3항 범죄의 종류 / 52 
제2절 행위론··································································································· 58 
제3절 범죄체계론···························································································· 59 
제2장❘구성요건론 
제1절 구성요건 이론······················································································· 60 
제1항 서설 / 60 
제2항 구성요건 요소 / 62 
제2절 행위반가치와 결과반가치······································································ 64 
제3절 범죄의 주체와 객체·············································································· 67 
제1항 범죄(행위)의 주체 / 67 
제2항 범죄(행위)의 객체와 보호의 객체 / 72 
제4절 부작위범································································································ 73 
제1항 서설 / 73 
제2항 부작위범의 성립요건 / 76 
제3항 부작위범의 처벌 / 83 
제4항 관련문제 / 84 
제5절 인과관계와 객관적 귀속이론································································· 87 
제1항 인과관계 / 87 
제2항 객관적 귀속이론 / 94 
제6절 구성요건적 고의···················································································· 97 
제1항 서설 / 97 
제2항 고의의 본질과 내용 / 97 
제3항 고의의 종류 / 100 
제4항 고의의 존재시기 / 106 
제7절 구성요건적 착오(사실의 착오)····························································· 107 
제1항 서설 / 107 
제2항 구성요건적 착오의 종류 / 107 
제3항 구성요건적 착오와 고의의 성부 / 108 
제4항 관련문제 / 111 
제8절 과실범·································································································· 112 
제1항 서설 / 113 
제2항 과실범의 성립요건 / 116 
제3항 객관적 주의의무의 제한원리 / 120 
제4항 관련문제 / 128 
제9절 결과적 가중범····················································································· 129 
제1항 서설 / 129 제2항 결과적 가중범의 성립요건 / 132 
제3항 관련문제 / 136 
제3장❘위법성론 
제1절 위법성의 일반이론··············································································· 139 
제1항 서설 / 139 
제2항 위법성조각사유 / 140 
제2절 정당방위······························································································ 142 
제1항 서설 / 142 
제2항 정당방위의 성립요건 / 142 
제3항 과잉방위와 오상방위 / 152 
제3절 긴급피난······························································································ 155 
제1항 서설 / 155 
제2항 긴급피난의 성립요건 / 155 
제3항 긴급피난의 효과와 특칙 / 160 
제4항 과잉피난 / 160 
제5항 의무의 충돌 / 161 
제4절 자구행위······························································································ 163 
제1항 서설 / 163 
제2항 성립요건 / 163 
제3항 자구행위의 효과 / 166 
제5절 피해자의 승낙······················································································ 167 
제1항 서설 / 167 
제2항 피해자 승낙의 성립요건 / 169 
제3항 피해자 승낙의 효과 / 173 
제4항 추정적 승낙 / 173 
제6절 정당행위······························································································ 176 
제1항 의의 / 176 
제2항 법령에 의한 행위 / 176 
제3항 업무로 인한 행위 / 184 
제4항 사회상규에 위배되지 않는 행위 / 189 
제4장❘책임론 
제1절 책임이론······························································································ 199 
제1항 서설 / 199 
제2항 책임의 근거 / 200 
제3항 책임의 본질 / 201 
제2절 책임능력····························································································· 203 
제1항 서설 / 203 
제2항 책임무능력자 / 204 
제3항 한정책임능력자 / 209 
제4항 원인에 있어서 자유로운 행위 / 211 
제3절 위법성의 인식····················································································· 215 
제4절 법률의 착오(금지착오)········································································ 218 
제5절 위법성조각사유의 전제사실에 대한 착오의 효과································ 226 
제6절 기대가능성·························································································· 230 
제1항 서설 / 230 
제2항 강요된 행위 / 235 
제5장❘미수론 
제1절 범죄의 실현단계·················································································· 239 
제2절 예비·음모죄······················································································ 240 
제1항 서설 / 240 
제2항 예비죄의 성립요건 / 241 
제3항 예비죄의 처벌 / 244 
제4항 관련문제 / 245 
제3절 미수범의 일반이론·············································································· 247 
제1항 서설 / 247 
제2항 미수범의 체계와 처벌 / 248 
제4절 장애미수····························································································· 250 
제1항 의의 / 250 
제2항 장애미수의 성립요건 / 250 
제3항 처벌 / 260 
제5절 중지미수······························································································ 261 
제1항 의의 / 261 
제2항 중지미수의 성립요건 / 261 
제3항 처벌 / 265 
제4항 공범과 중지미수 / 265 
제6절 불능미수······························································································ 267 
제1항 의의 / 267 
제2항 구별개념 / 267 
제3항 불능미수의 성립요건 / 269 
제6장❘정범 및 공범론 
제1절 정범과 공범의 일반이론······································································ 273 
제1항 공범의 분류 / 273 
제2항 정범과 공범의 구별 / 277 
제3항 공범의 종속성 / 279 
제4항 공범의 처벌근거 / 281 
제2절 공동정범이론······················································································· 282 
제1항 서설 / 282 
제2항 공동정범의 성립요건 / 284 
제3항 공동정범의 처벌 / 297 
제3절 간접정범····························································································· 302 
제1항 간접정범의 개념 / 302 
제2항 간접정범의 성립요건 / 302 
제3항 처벌 / 307 
제4항 관련문제 / 308 
제4절 교사범·································································································· 311 
제1항 서설 / 311 
제2항 교사범의 성립요건 / 311 
제3항 교사의 미수 / 316 
제4항 교사의 착오 / 317 
제5항 교사범의 처벌 / 319 
제6항 관련문제 / 320 
제5절 종범(방조범)························································································ 321 
제1항 서설 / 321 
제2항 종범의 성립요건 / 322 
제3항 종범의 처벌 / 330 
제4항 종범의 착오 기타 / 331 
제6절 공범과 신분························································································ 332 
제1항 서설 / 332 
제2항 제33조의 해석 / 334 
제3항 소극적 신분과 공범 / 339 
제7장❘죄수론 
제1절 죄수의 일반이론·················································································· 341 
제1항 죄수론의 의의 / 341 
제2항 죄수결정의 기준 / 341 
제2절 일 죄··································································································· 344 
제1항 서설 / 344 
제2항 법조경합 / 344 
제3항 포괄일죄 / 352 
제3절 수 죄··································································································· 357 
제1항 서설 / 357 
제2항 상상적 경합 / 357 
제3항 실체적 경합 / 363 
 
제3편 형벌론 
제1절 형벌의 종류························································································· 375 
제1항 서설 / 375 
제2항 사형 / 375 
제3항 자유형 / 377 
제4항 재산형 / 377 
제5항 명예형 / 391 
제2절 형의 양정(양형)·················································································· 393 
제1항 서설 / 393 
제2항 형의 가중·감경·면제 / 394 
제3항 형의 가중·감경례 / 400 
제4항 양형의 조건 / 401 
제5항 판결선고전 구금일수의 산입과 판결의 공시 / 402 
제3절 누 범·································································································· 404 
제1항 서설 / 404 
제2항 누범가중의 요건 / 404 
제3항 누범의 효과 / 408 
제4절 형의 유예제도····················································································· 409 
제1항 선고유예 / 409 
제2항 집행유예 / 412 
제3항 가석방 / 418 
제5절 형의 시효와 소멸················································································ 422 
제1항 형의 시효 / 422 
제2항 형의 소멸·실효·복권·사면 / 424 
제6절 보안처분····························································································· 426 
제1항 보안처분의 일반론 / 426 
제2항 보안처분의 종류 / 426 
제3항 현행법상의 보안처분 / 427