법원행시, 법무사, 법원사무관승진 등 법원직 형법사례시험은 다른 시험과 다른 고유의 경향이 존재하고, 실제 채점 역시 다른 시험과 달리 판례위주로 진행되고 있다. 더하여, 답안을 쓰는 양식도 결론과 결론에 이르게 된 이유 순으로 구성되는 등 다른 국가고시와는 현격한 차이를 보이고 있다. 그럼에도 불구하고, 법원직 시험만을 대상으로 한, 사례집이 존재하지 않아 수험생들은 학습에 있어 많은 어려움을 겪는 것이 현실이다. 더욱이 법원직 시험은 최신판례를 중심으로 출제됨에도 불구하고 기출문제해설집 이외에 최신판례를 다루는 사례집이 전무후무한 관계로, 수험생들의 고통은 가중되고 있는 것이 현실이다. 필자는 다년간의 법원직 강의 경험을 토대로, 실제 고득점이 되는 답안을 바탕으로 법원직 수험현실에 맞추어 창작사례집을 구상하고 집필하였다.
본서는 오로지 법원직 시험, 즉 법원행시, 법무사, 법원사무관승진시험을 대비하기 위한 교재이다. 따라서 법원직 시험에 최적화된 교재로서의 특성을 모두 갖추고 있다. 첫째, 기출문제를 철저히 분석하여 법원행시, 법무사, 법원사무관승진시험에서 출제가 유력한 논점들을 중심으로 문제를 구성하였다. 둘째, 출제가능성이 높은 최신판례(2021년 9월 선고까지)의 사실관계를 철저히 분석하여 중요판례를 대부분 사례화 하였다. 셋째, 법원직에서 요구하는 답안작성방식에 맞추어 최대한 압축서술함으로써 시험장에서 쓸 수 있는 분량으로 예시답안을 작성하였다. 넷째, 구체적 답안서술의 방식을 일치시킴으로써, 반복학습시 답안작성양식을 쉽게 터득할 수 있도록 하였으며, 반드시 적시해야할 판례의 핵심어구 등에 대해 언더라인과 볼드처리를 통해, 독자들의 학습효율에도 기여하고자 하였다. 다섯째, 외견상 32개의 사례이지만, 85개의 설문으로 구성하였고, 가급적 논점이 겹치지 않도록 함으로써 최소의 시간을 들여 예상논점들을 정리할 수 있도록 하였다.
PREFACE DIKE(디케)는 정의의 여신으로서, 대한민국법원의 상징이다. 본서로 학습하는 모든 수험생분들이 법무사로서 혹은 실무가로서 원하는 목표를 달성하고 국민으로부터 사랑받는 실무가가 되기를 간절히 기원하며 본서의 서문을 마무리하기로 한다.
2021.12.10.
필자 정주형
제1편 형법 총론제
제 1. 죄형법정주의 ·······································································································································3
제 2. 부작위범, 개괄적 고의 ························································································································7
제 3. 과실범 ················································································································································11
제 4. 결과적 가중범 ····································································································································17
제 5. 정당방위와 과잉방위, 불능미수 ········································································································21
제 6. 정당행위 ············································································································································25
제 7. 우연방위와 오상방위 ·························································································································29
제 8. 결과적 가중범의 공동정범 ················································································································33
제 9. 간접정범과 교사의 구별 ···················································································································37
제 10. 실행의 착수와 공범의 중지 ··············································································································45
제 11. 불능미수와 중지미수, 예비죄의 중지미수 ························································································49
제 12. 승계적 공동정범 ·······························································································································53
제 13. 합동범의 공동정범 ····························································································································57
제 14. 죄수론과 형벌론 ································································································································61
제2편 형법각론제
제 15. 업무상과실치상, 유기치사 ················································································································69
제 16. 위험운전치상과 특수공무집행방해 ····································································································73
제 17. 특가법상 도주차량죄 ·························································································································77
제 18. 준강간의 불능미수와 주거침입강간 ··································································································81
제 19. 명예훼손과 강제추행 ························································································································87
6 흰수리 주관식 형사법
제 20. 명예훼손과 위법성조각사유, 주거침입죄 ·························································································93
제 21. 주거침입죄과 업무방해 ·····················································································································97
제 22. 신용카드범죄 ··································································································································105
제 23. 준강제추행죄와 서명사취 ···············································································································109
제 24. 사기죄의 보호법익 ·························································································································· 115
제 25. 강도죄와 횡령죄 ······························································································································119
제 26. 이중매매와 이중근저당 ···················································································································127
제 27. 권리사방해죄와 강제집행면탈죄 ·····································································································131
제 28. 범죄단체조직죄 및 사문서위조 ······································································································· 137
제 29. 뇌물죄 ·············································································································································145
제 30. 증거은닉교사죄와 손괴죄 ···············································································································149
제 31. 위조공문서행사죄와 증거위조죄 ·····································································································153
제 32. 위조공문서행사죄와 증거위조죄 ·····································································································157
