2023년 6월부터 10월까지 사이에 치러진 여러 국가시험 중에서 형사법 문제를 기본서의 순서에 맞추어 체계적으로 정리하고 해설을 붙인 자료이다. 최신 기출문제를 통해서 수험생들은 가장 최근의 출제경향을 파악하고 그에 대한 적절한 대비를 할 수 있으며, 출제된 최신판례문제를 통해서 어떤 판례가 중요한지를 파악할 수 있다. 그리고 가장 중요한 것은 시험 직전의 총정리 자료로 활용할 수 있다는 점이다.

2023년 하반기 최신기출문제



본서는 2023년 6월부터 10월까지 사이에 치러진 여러 국가시험 중에서 형사법 문제를 기본서의 순서에 맞추어 체계적으로 정리하고 해설을 붙인 자료이다(※ 최근에 개정·변경된 법령과 판례 반영).



최신 기출문제를 통해서 수험생들은 가장 최근의 출제경향을 파악하고 그에 대한 적절한 대비를 할 수 있으며, 출제된 최신판례문제를 통해서 어떤 판례가 중요한지를 파악할 수 있다. 그리고 가장 중요한 것은 시험 직전의 총정리 자료로 활용할 수 있다는 점이다.



아무쪼록 본서를 효율적으로 활용하여 좋은 점수로 합격의 영광을 안기를 간절히 기원한다.



2023년 11월 3일

법학박사 신 호 진

- 형 법 총 론 -

1. 죄형법정주의 ·········································· 3
2. 형법의 시간적 적용범위 ····················· 10
3. 형법의 장소적 적용범위 ····················· 12
4. 범죄의 의의·종류 ······························· 15
5. 행위의 주체와 객체 ····························· 16
6. 부작위범 ················································ 19
7. 인과관계와 객관적 귀속 ····················· 24
8. 구성요건적 고의 ·································· 28
9. 구성요건적 착오 ·································· 29
10. 과실범 ················································· 35
11. 결과적 가중범 ··································· 37
12. 정당방위 ············································· 40
13. 긴급피난 ············································· 42
14. 피해자의 승낙 ··································· 46
15. 정당행위 ············································· 49
16. 책임의 일반이론 ······························· 52
17. 책임능력 ············································· 54
18. 위법성의 인식과 금지착오 ·············· 56
19. 기대가능성 ········································· 61
20. 장애미수 ············································· 62
21. 중지미수 ············································· 67
22. 불능미수 ············································· 68
23. 예비죄 ················································ 70
24. 정범·공범의 일반이론 ···················· 72
25. 간접정범 ············································· 74
26. 공동정범 ············································· 77
27. 교사범 ················································· 81
28. 종 범 ·················································· 84
29. 공범과 신분 ······································· 88
30. 일 죄 ·················································· 90
31. 수 죄 ··················································· 91
32. 형벌의 종류 ······································· 96
33. 형의 양정 ··········································· 99
34. 누 범 ················································ 100
35. 집행유예·선고유예·가석방 ········· 101
36. 형의 시효·소멸·기간 ·················· 102


- 형 법 각 론 -

1. 살인의 죄 ··········································· 105
2. 상해와 폭행의 죄 ······························ 106
3. 과실치사상의 죄 ································· 113
4. 협박의 죄 ············································ 116
5. 강요의 죄 ············································ 119
6. 체포와 감금의 죄 ······························ 120
7. 강간과 추행의 죄 ······························ 122
8. 명예에 관한 죄 ·································· 127
9. 신용·업무와 경매에 관한 죄 ········· 133
10. 비밀침해의 죄 ·································· 137
11. 주거침입의 죄 ································· 138
12. 재산죄의 기본개념 ·························· 141
13. 절도의 죄 ········································· 145
14. 강도의 죄 ········································· 146
15. 사기의 죄 ········································· 149
16. 공갈의 죄 ········································· 156
17. 횡령의 죄 ········································· 157
18. 배임의 죄 ········································· 163
19. 장물의 죄 ········································· 168
20. 권리행사를 방해하는 죄 ················· 171
21. 방화와 실화의 죄 ···························· 174
22. 문서에 관한 죄 ································ 175
23. 공무원의 직무에 관한 죄 ·············· 185
24. 공무방해에 관한 죄 ························ 192
25. 도주와 범인은닉의 죄 ···················· 195
26. 위증과 증거인멸의 죄 ···················· 197
27. 무고의 죄 ········································ 200

- 수 사 와 증 거 -

1. 수사의 기본개념 ································ 205
2. 수사의 개시 ········································ 213
3. 수사의 방법 ······································· 225
4. 대인적 강제수사 ································ 229
5. 대물적 강제수사 ································ 250
6. 수사상의 증거보전 ···························· 265
7. 수사의 종결 ······································· 268
8. 증거의 기본개념 ································ 271
9. 증명의 기본원칙 ································ 273
10. 위법수집증거배제법칙 ···················· 278
11. 자백배제법칙 ··································· 284
12. 전문법칙 ··········································· 287
13. 당사자의 동의와 증거능력 ············ 299
14. 탄핵증거 ·········································· 300
15. 자백보강법칙 ··································· 303
16. 공판조서의 증명력 ························· 305