2022년판에서는 2021년에 시행되었던 경찰간부, 경찰승진, 일반경찰, 형사법능력평가, 법학경쟁채용, 해양경찰, 해양경찰간부, 해양경찰승진, 법원, 검찰직 시험, 변호사시험 등에서 출제되었던 약 500문제 이상의 내용들을 새롭게 추가·보완하였다. 2022년판에서는 “기출지문을 통한 기출문제의 체계적 정리”라는 본서의 취지에 맞도록 기출지문의 체계적 배열에 더욱 공을 들였다. 그리고 동일한 판례이지만 약간 다른 표현으로 출제된 것도 함께 수록함으로써 함정에 빠지지 않도록 하였다. 또한 가급적 상세한 해설을 함으로써 혼자서도 충분히 읽고 이해할 수 있도록 하였다.

서 문

2022년판 “핵심기출 1000제”에 대하여

1. 2021년 최신 기출문제의 추가·보완

2022년판에서는 2021년에 시행되었던 경찰간부, 경찰승진, 일반경찰, 형사법능력평가, 법학경쟁채용, 해양경찰, 해양경찰간부, 해양경찰승진, 법원, 검찰직 시험, 변호사시험 등에서 출제되었던 약 500문제 이상의 내용들을 새롭게 추가·보완하였다. 이로써 빈틈이 더욱 치밀하게 보완됨으로써 적중률도 크게 향상되었다.

2. 기출지문의 체계적 배열과 상세한 해설

2022년판에서는 “기출지문을 통한 기출문제의 체계적 정리”라는 본서의 취지에 맞도록 기출지문의 체계적 배열에 더욱 공을 들였다. 그리고 동일한 판례이지만 약간 다른 표현으로 출제된 것도 함께 수록함으로써 함정에 빠지지 않도록 하였다. 또한 가급적 상세한 해설을 함으로써 혼자서도 충분히 읽고 이해할 수 있도록 하였다.

3. 새로운 출제경향에의 대비

2021년 경찰간부시험과 2022년 경찰승진시험의 문제를 분석해 보면, 첫째로 지문이 매우 길어졌다는 것을 알 수 있는데, 이는 판례를 공부할 때 압축 요약된 자료가 아니라 적어도 판결요지 전문을 정독할 필요가 있다는 것을 보여주고 있다. 이에 본서의 해설에서는 가급적 판결요지 전문을 수록함으로써 위와 같은 경향에 대비할 수 있도록 하였다. 두 번째로 “사례형”(Case) 문제의 출제가능성의 증대이다. 특히 형법과 형사소송법이 “형사법”으로 통합되는 경찰간부시험의 경우에는 그 가능성이 매우 크다. 이에 본서에서는 변호사시험 등에서 출제된 사례형 문제도 전부 반영함으로써 새로운 경향에 대비할 수 있도록 하였다.

4. 미기출 3년간 최신판례 추가

2022년판에서는 이미 출제되었던 기출문제뿐만 아니라, 아직까지 출제되지는 않았지만 출제가능성이 매우 높은 3년간 최신판례의 내용까지 추가하였다(〈최신판례〉로 표시, 2021년 12월 판례공보까지 반영). 이로써 기출문제만으로 공부할 경우에 발생하는 허점 내지 사각지대를 완벽하게 보완할 수 있도록 하였다. 실제로 추가된 최신판례들은 2021년 시험에서 대부분 적중한 것을 확인할 수 있었다.

아무쪼록 본서를 잘 활용하여 승리의 월계관을 쓰기를 기원하면서…

2022. 1. 28.
법학박사 신 호 진

[형사법Ⅰ 형 법 총 론]

·1. 형법의 기본개념 ······························································································· 3
·2. 죄형법정주의 ···································································································· 5
·3. 형법의 시간적 적용범위 ··················································································· 42
·4. 형법의 장소적 적용범위 ··················································································· 58
·5. 형법의 인적 적용범위 ······················································································ 70
·6. 범죄의 의의와 종류 ························································································· 72
·7. 행위의 주체와 객체 ························································································· 85
·8. 구성요건의 일반이론 ······················································································· 95
·9. 결과반가치와 행위반가치 ················································································· 99
·10. 부작위범 ···································································································· 101
·11. 인과관계와 객관적 귀속 ··············································································· 121
·12. 구성요건적 고의 ·························································································· 133
·13. 구성요건적 착오 ·························································································· 145
·14. 과실범 ······································································································· 163
·15. 결과적 가중범 ····························································································· 182
·16. 위법성의 일반이론 ······················································································· 198
·17. 정당방위 ···································································································· 207
·18. 긴급피난 ···································································································· 221
·19. 자구행위 ···································································································· 232
·20. 피해자의 승낙 ····························································································· 236
·21. 정당행위 ···································································································· 248
·22. 책임의 일반이론 ·························································································· 270
·23. 책임능력 ···································································································· 277
·24. 위법성의 인식과 금지착오 ············································································ 295
·25. 기대가능성 ································································································· 326
·26. 미수범의 일반이론 ······················································································· 336
·27. 장애미수 ···································································································· 340
·28. 중지미수 ···································································································· 348
·29. 불능미수 ···································································································· 361
·30. 예비죄 ······································································································· 372
·31. 정범·공범의 일반이론 ··················································································· 380
·32. 간접정범 ···································································································· 398
·33. 공동정범 ···································································································· 406
·34. 교사범 ······································································································· 433
·35. 종 범 ········································································································· 446
·36. 공범과 신분 ································································································ 458
·37. 죄수의 일반이론 ·························································································· 470
·38. 일 죄 ········································································································· 474
·39. 수 죄 ········································································································· 492
·40. 형벌의 종류 ································································································ 512
·41. 형의 양정 ··································································································· 526
·42. 누 범 ········································································································· 539
·43. 집행유예·선고유예·가석방 ············································································· 549
·44. 형의 시효·소멸·기간 ····················································································· 567
·45. 보안처분 ···································································································· 572