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최근 법학전문대학원 협의회에서는 형사법학회에 의뢰하여 표준판례 543개를 선정하였다. 민법분 야와 형법분야에 국한하여 표준판례를 선정한 것은 법학교육을 내실화하겠다는 강력한 의지로 해석될 수 있다. 경쟁시험제도가 존재하는 이상 출제에 반영하지 않고는 결코 그 이상은 실현될 수없다. 대한민국의 법학교육이 그래왔다. 향후, 변호사시험을 위시한 각종 국가고시에서 표준판례가 전면에 배치될 수밖에 없다. 적은 수의 표준판례를 중심으로 출제가 이루어진다면, 변별력 확보차 원에서 단순한 결론을 넘어 이론(도그마틱) 및 구체적 사실관계의 분석이 세세하게 출제될 수밖에 없다. 본서는 이러한 점을 감안하여 표준판례 543개를 철저히 가다듬어 수록하였다.
표준판례를 단지 난이도가 낮은 기본 판례 정도로 생각한다면 큰 오산이 될 것이다. 이론적 다툼이 크고, 철저한 분석이 있어야만 확지가 가능한 판례 543개를 선별한 것이 바로 표준판 례이다. 더욱이 일반 수험서에 잘 소개되지 않은 판례가 100개 이상이기도 하다. 표준판례는 분명 시간을 들여 학습해야 하는 추가영역이라는 것을 명심해야 한다.
핵심지문총정리 OX교재는 최소시간을 투자하여 최대의 효과를 목표로 하는 교재이다. 따라 서, 무분별하게 많은 지문을 수록하는 것은 오히려 수험생에게 독이 될 수 있다. 본서는 처음부터 끝까지 전 영역에 걸쳐, 반드시 필요한 지문, 혼동이 쉬운 지문 등을 엄선함으로써 효율성의 극대화를 도모하고 있다. 더불어, OX 지문의 순서대로 학습하면 자연스럽게 체계적 으로 지식이 쌓일 수 있도록 지문의 배열순서에도 많은 노력을 경주하였다.
본서는 수험서로서, 수험서 본연에 맞게 전략적으로 구성되었다. 본서의 특징은 다음과 같다.
첫째, 표준판례 543개를 철저히 분석하여 구체적 사실관계까지 지문화함으로써 사례형 문제의 대비까지 겸할 수 있게 하였다.
둘째, 2020.6.30.까지의 최신판례를 꼼꼼히 수록하였다. 최신 3개년 판례의 출제비중이 높은 점을 감안하여, 최신3개년 판례는 가급적 모두 반영하였다.
셋째, 기출문제를 철저히 반영하였고 꼼꼼히 기출표시를 해둠으로써, 수험생 스스로가 중요 도를 느끼면서 학습할 수 있도록 고려하였다. 모든 국가고시의 출발점이 되는 변호사 시험기출문제는 가급적 모두 수록하였고, 경찰승진, 경찰간부, 법원행시 등 수준높은 지문들을 엄선하였다.
넷째, 대부분의 기출지문들은 판례를 중심으로 구성된다는 점을 감안하여, 본서 역시 판례를 중심 으로 지문을 구성하였고, 단지 결론만을 해설로 제시하지 않고 중요한 키워드는 언더라인을 하고 비교판례를 소개하는 등, 결론에 이르게 된 이유를 명확히 제시하였다.

아무리 고등고시라도 객관식 시험에는 평이한 지문들이 상당수 출제한다. 대부분의 수험생은 평이한 지문을 쉽게 틀리지 않는다. 점수 차이는 결국 새로운 지문, 난이도가 높은 지문, 학습이 많지 않은 영역의 지문에서 갈리게 된다. 이러한 측면에서 본서의 반복학습은 고득점을 위한 필수학습 과정으로 자리잡게 될 것이다.
본서로 수험을 준비하는 모든 분들의 건강과 합격을 기원하며 본서의 서문을 마무리하기로 한다.
2020. 8. 18.
공저자 정주형 · 최정훈

 

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제 1 편 형법총론
제1절 형법의 기본개념, 적용범위 ······························································· 1
Ⅰ. 죄형법정주의 ·················································································· 1
Ⅱ. 형법의 적용범위 ··········································································· 12
제2절 범죄론 및 구성요건론 ······································································· 17
Ⅰ. 범죄의 의의와 종류 ······································································ 17
Ⅱ. 범죄의 주체와 객체 ······································································ 21
Ⅲ. 부작위범 ······················································································· 24
Ⅳ. 인과관계 및 객관적 귀속이론 ····················································· 34
Ⅴ. 구성요건적 고의 ·········································································· 38
Ⅵ. 과실범 및 결과적 가중범 ···························································· 45
제3절 위법성론 ···························································································· 59
Ⅰ. 위법성 일반론 ·············································································· 59
Ⅱ. 정당방위 ······················································································ 60
Ⅲ. 긴급피난 ······················································································· 64
Ⅳ. 자구행위 ······················································································· 65
Ⅴ. 피해자의 승낙 ·············································································· 66
Ⅵ. 정당행위 ······················································································· 69
제4절 책임론 ································································································ 73
Ⅰ. 책임이론 및 책임능력 ·································································· 73
Ⅱ. 위법성의 인식 ·············································································· 77
Ⅲ. 기대가능성 ··················································································· 83
제5절 미수론 ································································································ 86
Ⅰ. 예비·음모죄 ················································································ 86
Ⅱ. 미수범일반이론, 장애미수 ··························································· 89
Ⅲ. 중지미수 ······················································································· 96
Ⅳ. 불능미수 ····················································································· 100
제6절 공범론 ······························································································ 104
Ⅰ. 정범과 공범의 일반이론 ···························································· 104
Ⅱ. 공동정범 ····················································································· 108
Ⅲ. 간접정범 ····················································································· 118
Ⅳ. 교사범 ························································································· 121
Ⅴ. 방조범 ························································································· 126
Ⅵ. 공범과 신분 ················································································ 129
제7절 죄수론 ······························································································· 134
제8절 형벌론 ······························································································ 149
Ⅰ. 형벌론 ························································································· 149
Ⅱ. 형의 양정 ··················································································· 154
Ⅲ. 누범 ···························································································· 156
Ⅳ. 형의 유예제도, 가석방, 보안처분 ·············································· 158
제 2 편 형법각론
제1절 생명과 신체에 관한 죄 ··································································· 164
Ⅰ. 살인죄 ························································································· 164
Ⅱ. 상해와 폭행의 죄 ······································································· 166
Ⅲ. 과실치사상의 죄 ········································································· 175
Ⅳ. 낙태의 죄 ··················································································· 178
Ⅴ. 유기와 학대의 죄 ······································································· 179
제2절 자유에 관한 죄 ················································································ 182
Ⅰ. 협박의 죄 ··················································································· 182
Ⅱ. 강요의 죄 ··················································································· 185
Ⅲ. 체포와 감금의 죄 ······································································· 190
Ⅳ. 약취와 유인 및 인신매매의 죄 ·················································· 194
Ⅴ. 강간과 추행의 죄 ······································································· 196

제3절 명예와 신용에 관한 죄 ·································································· 209
Ⅰ. 명예에 관한 죄 ·········································································· 209
Ⅱ. 신용·업무와 경매에 관한 죄 ··················································· 220
제4절 사생활의 평온에 관한 죄 ··································································· 232
Ⅰ. 비밀침해의 죄 ············································································ 232
Ⅱ. 주거침입죄 ················································································· 233
제5절 재산죄 ······························································································ 239
Ⅰ. 재산죄 총설 ··············································································· 239
Ⅱ. 절도죄 ························································································ 246
Ⅲ. 강도의 죄 ··················································································· 252
Ⅳ. 사기죄 ························································································ 258
Ⅴ. 공갈의 죄 ··················································································· 281
Ⅵ. 횡령의 죄 ··················································································· 283
Ⅶ. 배임의 죄 ··················································································· 297
Ⅷ. 장물죄 ························································································· 317
Ⅸ. 손괴의 죄 ·················································································· 321
Ⅹ. 권리행사를 방해하는 죄 ···························································· 324
제6절 사회적 법익에 관한 죄 ·································································· 334
Ⅰ. 공안을 해하는 죄 ······································································· 334
Ⅱ. 폭발물에 관한 죄 ······································································· 337
Ⅲ. 방화와 실화의 죄 ······································································ 338
Ⅳ. 일수와 수리에 관한 죄 ······························································ 340
Ⅴ. 교통방해의 죄 ············································································ 340
Ⅵ. 공공의 건강에 관한 죄 ······························································ 343
Ⅶ. 통화에 관한 죄 ·········································································· 344
Ⅷ. 유가증권에 관한 죄 ··································································· 346
Ⅸ. 문서·인장에 관한 죄 ······························································· 353
Ⅹ. 사회도덕에 관한 죄 ··································································· 375
제7절 국가적 법익에 관한 죄 ·································································· 380
Ⅰ. 국가의 존립에 관한 죄 ······························································ 380
Ⅱ. 국가의 기능에 관한 죄 ······························································ 383
Ⅲ. 뇌물죄 ························································································ 392
Ⅳ. 도주, 범인은닉, 위증, 증거인멸, 무고의 죄 ····························· 399