도서 소개

금년도의 최근 3년간(2017년 ~ 2020년) 형법판례 교재에는 2017년부터 2020년 7월 10일까지 대법원에서 공개한 판례를 모두 정리하였다. 교재의 제목은 최근 3년간 형법판례로 되어 있지만 2011년부터 2016년까지의 판례 중 출제가능성이 높은 중요판례를 선별하여 실었으므로 본교재를 잘 정리한 수험생이라면 10년 정도의 중요판례를 공부한 효과를 거둘 수 있을 것이다.

  출판사 리뷰

머리말

금년도의 최근 3년간(2017년 ~ 2020년) 형법판례 교재에는 2017년부터 2020년 7월 10
일까지 대법원에서 공개한 판례를 모두 정리하였다. 교재의 제목은 최근 3년간 형법판
례로 되어 있지만 2011년부터 2016년까지의 판례 중 출제가능성이 높은 중요판례를 선
별하여 실었으므로 본교재를 잘 정리한 수험생이라면 10년 정도의 중요판례를 공부한
효과를 거둘 수 있을 것이다.
최근 판례 - 특히 최근 3년간 판례 - 가 시험에 자주 출제된다는 것은 수험생 누구나
잘 알고 있는 사실이다. 본서의 독자들이 시험 전까지 반드시 최근판례를 정리하여 좋
은 성적을 얻기를 기원한다.

2020년 7월 13일
저자 이 용 배

[최근 3년간 형법판례만을 선별한 이유]
저자가 매년도 기출문제를 분석해 본 결과 시험 직전의 1년간의 판례는 당해 연
도 시험에 가장 많이 출제된 후 차년도 또는 차차 연도에 출제되어 왔으며 3년이
지난 후에는 특히 중요한 판례를 제외하고는 거의 최근판례의 효용성이 다하여져
출제빈도수가 확연하게 떨어진다는 것을 확인할 수 있었다. 이러한 분석을 바탕으
로 최근 3년간의 판례를 수험생이 충분히 대비할 수 있도록 하기 위함이다.

[최근 3년간 형법판례 교재의 특징]
(1) 최근 3년간의 판례(2017 . 2020)의 범주에 속하지 않는 2011년 ~ 2016년도의
판례 중에서 출제가능성이 높은 대법원 전원합의체 판결과 일부 중요판례를
선별 정리하여 수험효율성을 제고하였다.
(2) 판결요지 중에서도 시험과 전혀 무관한 부분을 가능한 한 삭제하여 독자들로
하여금 시간을 절약하고 효율적으로 공부할 수 있도록 하였다.
(4) 위와 같은 작업을 통하여 매년 상하반기 판례집 3권의 총합보다는 그 분량을
획기적으로 줄였다. 따라서 매년도의 상하반기 판례집 3권을 별도로 공부하는
것보다는 ‘최근 3년간 형법판례’ 교재를 공부하는 것이 보다 수험 효율적이
될 것이라고 확신한다.

  작가 소개

지은이 : 이용배
주요 약력.서울대학교 법과대학 졸업.인하대, 한양대, 성균관대 사법시험 형법특강 교수.경북대 로스쿨 특강 교수.성균관대 로스쿨 형법/형사소송법/형사기록 특강 교수. 합격의법학원 형사법 대표강사주요 저서[ 형법 관련 교재]· 신체계 형법강의 (우리아카데미 刊)· 신체계 FOB 형법 (우리아카데미 刊)· 쟁점별 형법 사례의 脈 (우리아카데미 刊)· 신체계 형법 핵심지문 총정리 (우리아카데미 刊)· 신체계 형법 기출문제 완전분석 (우리아카데미 刊)· 신체계 판례형법 (우리아카데미 刊)· 상반기 형사법(형법)판례 (우리아카데미 刊)·( 상)하반기 형법판례 (우리아카데미 刊)· 최근 3년간 형법판례 (우리아카데미 刊)· 형법 입문 (우리아카데미 刊)[ 형사소송법 관련 교재]· 신체계 FOB 형사소송법 (우리아카데미 刊)· 쟁점별 형사소송법 사례의 脈 (우리아카데미 刊)· 신체계 형사소송법 핵심지문 총정리 (우리아카데미 刊)· 상반기 형사법(형사소송법)판례 (우리아카데미 刊)· (상)하반기 형사소송법판례 (우리아카데미 刊)· 최근 3년간 형사소송법판례 (우리아카데미 刊)

  목차

형법 총론
죄형법정주의 ·················································································································································· 01
형법의 적용범위 ············································································································································ 11
행위의 주체 ····················································································································································· 14
부작위범 ························································································································································· 16
인과관계와 객관적 귀속 ································································································································ 19
구성요건적 고의 ············································································································································ 20
과실범 ···························································································································································· 21
결과적 가중범 ················································································································································ 23
위법성론 ························································································································································· 24
책임론 ···························································································································································· 27
미수론 ···························································································································································· 29
공범론 ···························································································································································· 35
죄수론 ···························································································································································· 40
형벌론 ···························································································································································· 51

형법 각론
[개인적 법익에 관한 죄]
상해와 폭행의 죄 ·········································································································································· 55
유기와 학대의 죄 ·········································································································································· 57
업무상과실치사상죄 ······································································································································· 58
협박죄 ···························································································································································· 60
체포와 감금의 죄 ·········································································································································· 60
강요죄 ···························································································································································· 62
약취와 유인의 죄 ·········································································································································· 64
강간과 추행의 죄 ·········································································································································· 65
명예에 관한 죄 ·············································································································································· 74
신용.업무와 경매에 관한 죄 ······················································································································· 81
주거침입죄 ····················································································································································· 86
절도의 죄 ······················································································································································· 88
강도의 죄 ······················································································································································· 94
사기의 죄 ······················································································································································· 95
공갈의 죄 ····················································································································································· 118
횡령의 죄 ····················································································································································· 120
배임의 죄 ····················································································································································· 128
장물의 죄 ····················································································································································· 151
손괴의 죄 ····················································································································································· 152
귄리행사를 방해하는 죄 ······························································································································ 154

[사회적 법익에 관한 죄]
방화와 실화의 죄 ········································································································································ 158
교통방해의 죄 ·············································································································································· 158
통화에 관한 죄 ············································································································································ 162
유가증권.인지와 우표에 관한 죄 ············································································································· 162
문서에 관한 죄 ············································································································································ 163
성풍속에 관한 죄 ········································································································································ 177

[국가적 법익에 관한 죄]
공무원의 직무에 관한 죄 ···························································································································· 178
공무방해에 관한 죄 ····································································································································· 195
범인은닉죄 ····················································································································································· 203
위증과 증거인멸의 죄 ································································································································· 205
무고의 죄 ····················································································································································· 209
판례색인 ······················································································································································ 215

  회원리뷰