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[신현식] 2025 형법 죄수론+형벌론 특강(25년 10월)
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| 강좌유형 | 테마별 특강 | 수강료/기간 |
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| 교수주요경력 |
서울대학교 법학과 졸업 고려대학교 법학전문대학원 졸업 서울대학교 법학과 형사법 석사 수료 現) 박문각 경찰 형사법 전임 現) 에듀윌 국가직 형법 대표강사 現) 법률사무소 더본 대표변호사 前) 중앙경찰학교 형사법 교수 前) 서울대학교 인권센터 심의위원 前) 서울 수서.방배경찰서 자문변호사 前) 서울동대문경찰서 청소년선도심사위 |
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| 주교재 특징 | 2024. 4. 1.까지 최근 6~7년간 경찰 시험(경찰채용, 경찰승진, 경찰간부) 및 각종 공무원 시험(법원직9급, 국가직7급, 국가직9급)에서 기출된 쟁점 및 판례에 기출표시를 해두었다. 기출문제에 출제된 쟁점 중 형법 입문자들이 어려워하는 기본개념과 이론에 대한 설명을 풍부하게 하였고, '표'를 사용하여 구조와 체계를 한눈에 알아 볼 수 있도록 하였다. 중요한 단어는 '굵은 글씨'로 구분하여 판례 학습에 도움이 되도록 하였다. |
| 주교재 목차 |
▶ 제1편 서 론 ◀
제1장 형법의 기본개념 2 제1절 형법의 의의 ··············································································································· 2 Ⅰ. 개 념/2 Ⅱ. 형식적 의미의 형법과 실질적 의미의 형법/2 제2절 형법의 지위와 성격 ··································································································· 3 Ⅰ. 형법의 법체계적 지위/3 Ⅱ. 형법의 규범적 성격/3 제3절 형법의 기능 ··············································································································· 4 Ⅰ. 규제적 기능/4 Ⅱ. 보호적 기능/4 Ⅲ. 보장적 기능/5 제2장 형법의 발전 6 제1절 형법의 역사 ·············································································································· 6 제2절 형법의 학파 ·············································································································· 6 Ⅰ. 고전학파(구파)/6 Ⅱ. 근대학파(신파)/6 Ⅲ. 형법학파의 비교/7 제3절 범죄이론 ···················································································································· 7 Ⅰ. 객관주의/7 Ⅱ. 주관주의/7 Ⅲ. 양자의 비교/8 제3절 형벌이론 ···················································································································· 9 Ⅰ. 응보형주의/9 Ⅱ. 목적형주의/9 Ⅲ. 결합설/10 제3장 죄형법정주의 11 제1절 죄형법정주의의 의의 ·································································································· 11 Ⅰ. 의 의/11 Ⅱ. 기 능/11 Ⅲ. 법적 근거/11 제2절 죄형법정주의의 내용 ·································································································· 12 Ⅰ. 성문법률주의(법률주의)/12 Ⅱ. 명확성의 원칙/16 Ⅲ. 소급효금지의 원칙/23 Ⅳ. 유추해석의 금지의 원칙/32 Ⅴ. 적정성의 원칙/55 제4장 형법의 적용범위 60 제1절 시간의 적용범위 ········································································································ 60 Ⅰ. 행위시법주의(원칙)/60 Ⅱ. 재판시법주의(예외)/61 Ⅲ. 한시법/68 제2절 장소적 적용범위········································································································· 69 Ⅰ. 개 설/69 Ⅱ. 속지주의/69 Ⅲ. 속인주의/70 Ⅳ. 기국주의/70 Ⅴ. 보호주의/71 Ⅵ. 세계주의/73 Ⅶ. 외국에서 받은 형의 집행/73 제3절 인적 적용범위 ········································································································· 74 Ⅰ. 원 칙/74 Ⅱ. 예 외/74 ▶ 제2편 범죄론 ◀ 제1장 범죄론의 기초 78 제1절 범죄의 의의와 종류 ·································································································· 78 Ⅰ. 범죄의 의의/78 Ⅱ. 범죄의 성립요건·처벌조건·소추조건/78 Ⅲ. 범죄의 종류/84 제2절 행위론 ······················································································································· 90 Ⅰ. 행위론의 의의/90 Ⅱ. 행위의 기능/91 Ⅲ. 행위론의 종류/91 제3절 범죄체계론 ················································································································ 92 Ⅰ. 범죄체계론의 의의/92 Ⅱ. 범죄체계론의 분류/92 제4절 행위와 주체와 객체 ·································································································· 93 Ⅰ. 행위의 주체/93 Ⅱ. 행위의 객체와 보호의 객체/101 제2장 구성요건론 102 제1절 구성요건의 일반이론 ······························································································· 102 Ⅰ. 구성요건의 의의/102 Ⅱ. 구성요건이론의 발전/102 Ⅲ. 구성요건과 위법성의 관계/103 Ⅳ. 구성요건의 유형/104 Ⅴ. 구성요건의 요소/105 제2절 결과반가치와 행위반가치 ························································································ 106 Ⅰ. 결과반가치와 행위반가치/106 Ⅱ. 결과반가치론과 행위반가치론/106 Ⅲ. 불법의 내용/106 제3절 부작위범 ·················································································································· 107 Ⅰ. 개 설/107 Ⅱ. 부작위범의 의의 및 종류/109 Ⅲ. 부작위범의 (일반적) 성립요건/111 Ⅳ. 부진정부작위범의 특유한 요건/112 Ⅴ. 부진정부작위범의 구성요건/112 Ⅵ. 관련문제/116 제4절 인과관계와 객관적 귀속 ·························································································· 118 Ⅰ. 인과관계의 의의/118 Ⅱ. 인과관계의 유형/118 Ⅲ. 인과관계에 대한 학설/119 Ⅳ. 객관적 귀속이론/124 Ⅴ. 제17조의 해석/128 제5절 구성요건적 고의 ······································································································ 129 Ⅰ. 고의의 의의/129 Ⅱ. 고의의 체계적 지위/130 Ⅲ. 고의의 내용/131 Ⅳ. 고의의 종류/132 제6절 구성요건적 착오 ······································································································ 138 Ⅰ. 개 설/139 Ⅱ. 구성요건적 착오의 유형/140 Ⅲ. 구성요건적 착오에 대한 학설과 판례/141 Ⅳ. 가감적 구성요건에 대한 착오/142 Ⅴ. 인과관계의 착오와 개괄적 고의/143 제7절 과실범 ····················································································································· 145 Ⅰ. 서 설/145 Ⅱ. 과실범의 성립요건/150 Ⅲ. 객관적 주의의무의 제한원리/153 Ⅳ. 관련문제/165 제8절 결과적 가중범 ········································································································· 166 Ⅰ. 결과적 가중범의 의의/166 Ⅱ. 결과적 가중범의 종류/166 Ⅲ. 결과적 자중범의 성립요건/168 Ⅳ. 관련문제/171 제3장 위법성론 174 제1절 위법성의 일반이론 ·································································································· 174 Ⅰ. 위법성의 의의/174 Ⅱ. 위법성의 본질/174 Ⅲ. 위법성의 평가방법/175 Ⅳ. 위법성의 조각사유/175 제2절 정당방위 ·················································································································· 177 Ⅰ. 정당방위의 의의/177 Ⅱ. 정당방위의 성립요건/177 Ⅲ. 정당방위의 효과/184 Ⅳ. 과잉방위와 오상방위/184 제3절 긴급피난 ·················································································································· 186 Ⅰ. 긴급피난의 의의/186 Ⅱ. 긴급피난의 성립요건/187 Ⅲ. 긴급피난의 효과/190 Ⅳ. 과잉피난와 오상피난/190 Ⅴ. 의무의 충돌/190 제4절 자구행위 ·················································································································· 191 Ⅰ. 자구행위의 의의/191 Ⅱ. 자구행위의 성립요건/192 Ⅲ. 자구행위의 효과/194 Ⅳ. 과잉자구행위와 오상자구행위/194 제5절 피해자의 승낙 ·········································································································· 195 Ⅰ. 형법상 피해자의 동의/196 Ⅱ. 양 해/196 Ⅲ. 피해자의 승낙/197 Ⅳ. 추정적 승낙/198 제6절 정당행위 ·················································································································· 199 Ⅰ. 의 의/199 Ⅱ. 법령에 의한 행위/200 Ⅲ. 업무로 인한 행위/209 Ⅳ. 사회상규에 반하지 않는 행위/211 제4장 책임론 224 제1절 책임의 일반이론 ······································································································ 224 Ⅰ. 책임의 의의/224 Ⅱ. 책임의 근거/224 Ⅲ. 책임의 본질/2224 제2절 책임능력 ················································································································ 226 Ⅰ. 책임능력의 의의/226 Ⅱ. 책임무능력자/226 Ⅲ. 한정책임능력자/232 Ⅳ. 원인에 있어 자유로운 행위/234 제3절 위법성의 인식과 금지착오 ······················································································· 236 Ⅰ. 위법성의 인식/236 Ⅱ. 금지착오/237 Ⅲ. 위법성조각사유의 전제사실에 대한 착오/249 제4절 기대가능성 ················································································································ 253 Ⅰ. 기대가능성이론/253 Ⅱ. 강요된 행위/256 Ⅲ. 초법규적 책임조각사유/258 제5장 미수론 260 제1절 미수범의 일반이론 ··································································································· 260 Ⅰ. 범죄실현의 단계/260 Ⅱ. 미수범의 처벌근거/260 제2절 장애미수 ··················································································································· 261 Ⅰ. 의 의/262 Ⅱ. 장애미수의 성립요건/262 Ⅲ. 장애미수의 처벌/263 Ⅳ. 범죄유형별 실행의 착수/263 Ⅴ. 실행의 착수 관련 판례/263 제3절 중지미수 ··················································································································· 271 Ⅰ. 의 의/271 Ⅱ. 중지미수의 성립요건/272 Ⅲ. 중지미수의 처벌/273 Ⅳ. 관련문제/273 제4절 불능미수 ··················································································································· 276 Ⅰ. 의 의/276 Ⅱ. 불능미수의 성립요건/276 Ⅲ. 불능미수의 처벌/278 Ⅳ. 환각범/278 제5절 예비죄 ······················································································································ 281 Ⅰ. 개 설/281 Ⅱ. 예비죄의 법적성격/282 Ⅲ. 예비죄의 성립요건/284 Ⅳ. 관련문제/286 제6장 정범 및 공범론 288 제1절 정범 및 공범의 일반이론 ························································································· 288 Ⅰ. 개 설/288 Ⅱ. 임의적 공범과 필요적 공범/288 Ⅲ. 정범과 공범의 구별/293 Ⅳ. 공범의 종속성/295 제2절 간접정범 ·················································································································· 297 Ⅰ. 개 설/297 Ⅱ. 간접정범의 성립요건/298 Ⅲ. 간접정범의 처벌/299 Ⅳ. 관련문제/300 제3절 공동정범 ··················································································································· 304 Ⅰ. 의 의/304 Ⅱ. 공동정범의 성립요건/305 Ⅲ. 공동정범의 처벌/320 Ⅳ. 공동정범의 착오/320 Ⅴ. 동시범/321 Ⅵ. 합동범/324 제4절 교사범 ······················································································································ 326 Ⅰ. 의 의/326 Ⅱ. 교사범의 성립요건/326 Ⅲ. 교사범의 처벌/330 Ⅳ. 교사의 착오/330 Ⅴ. 관련문제/332 제5절 종 범 ························································································································ 333 Ⅰ. 의 의/333 Ⅱ. 종범의 성립요건/333 Ⅲ. 종범의 처벌/340 Ⅳ. 방조의 착오/341 Ⅴ. 관련문제/342 제6절 공범과 신분 ·············································································································· 343 Ⅰ. 개 설/343 Ⅱ. 제33조 해석론/344 Ⅲ. 소극적 신분과 공범/348 제7장 죄수론 351 제1절 죄수의 일반이론 ······································································································· 351 Ⅰ. 죄수론의 의의/351 Ⅱ. 죄수결정의 기준/351 Ⅲ. 수죄의 처벌/351 제2절 일 죄 ························································································································ 352 Ⅰ. 개 설/352 Ⅱ. 법조경합/352 Ⅲ. 포괄일죄/356 제3절 수 죄 ························································································································· 366 Ⅰ. 상상적 경합/366 Ⅱ. 실체적 경합/371 ▶ 제3편 형벌론 ◀ 제1절 형벌의 종류 ·············································································································· 386 Ⅰ. 형벌의 의의/386 Ⅱ. 형벌의 종류/386 Ⅲ. 사 형/386 Ⅳ. 자유형/387 Ⅴ. 명예형/387 Ⅵ. 재산형/388 Ⅶ. 형의 경중/400 제2절 형의 양정 ················································································································· 401 Ⅰ. 의 의/401 Ⅱ. 형의 가중·감경·면제/401 Ⅲ. 양 형/408 Ⅳ. 미결구금 및 판결의 공시/409 Ⅴ. 판결의 공시/410 제3절 누 범 ························································································································ 411 Ⅰ. 의 의/411 Ⅱ. 누범가중의 요건/411 Ⅲ. 누범의 효과/412 Ⅳ. 특가법상 누범 등 가중처벌/415 제4절 선고유예·집행유예·가석방 ···················································································· 418 Ⅰ. 선고유예/418 Ⅱ. 집행유예/421 Ⅲ. 가석방/427 제5절 형의 시효·소멸·기간 ····························································································· 430 Ⅰ. 형의 시효/430 Ⅱ. 형의 소멸·실효/431 Ⅲ. 복권과 사면/432 Ⅳ. 형의 기간/433 제6절 보안처분 ··················································································································· 433 Ⅰ. 의 의/433 Ⅱ. 형벌과 보안처분의 관계/434 Ⅲ. 현행법상 보안처분/434 판례색인 ····························································································································· 436 |
| 부교재 소개 |
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| 부교재 특징 |
1. 본서는 작년과 동일하게 수험생들의 편의를 위해 "형법 총론"과 "형법 각론"을 구분하여 2권으로 출판하였다. 2. 본서는 2017년부터 2024년 3월까지 시행된 각종 공무원 시험(경찰채용, 경찰승진, 경찰간부, 법원직9급, 국가직 7급과 9급, 군무원 7급과 9급)의 약1500문제를 빠짐없이 수록하였다. 3. 본서는 2024년 초까지 선고된 대법원의 판결을 모두 반영하였다. 즉 대법원의 판례변경으로 인한 정답 변경도 모두 고려하여 독자들의 혼란을 방지하였다. 4. 본서는 수험생들이 혼자 공부하더라도 전혀 불편함이 없도록 저자가 직접 정확하고 풍부한 해설을 하였다. |
| 부교재 목차 |
PART Ⅰ 형법 총론
제1편 서론 7 제1절 형법의 기본개념 8 제2절 형법의 발전 9 제3절 죄형법정주의 10 제4절 형법의 적용범위 44 제2편 범죄론 67 제1장 범죄론의 기초(범죄의 의의와 종류, 행위의 주체와 객체 등) 68 제2장 구성요건론 90 제1절 구성요건의 일반이론 90 제2절 결과반가치와 행위반가치 90 제3절 부작위범 91 제4절 인과관계와 객관적 귀속 113 제5절 구성요건적 고의 132 제6절 구성요건적 착오 146 제7절 과실범 163 제8절 결과적 가중범 185 제3장 위법성론 206 제1절 위법성의 일반이론 206 제2절 정당방위 210 제3절 긴급피난 217 제4절 자구행위 220 제5절 피해자의 승낙 223 제6절 정당행위 238 제4장 책임론 270 제1절 책임의 일반이론 270 제2절 책임능력 272 제3절 위법성의 인식과 금지착오 291 제4절 기대가능성 321 제5장 미수론 336 제1절 미수범의 일반이론 336 제2절 장애미수 361 제3절 중지미수 362 제4절 불능미수 365 제5절 예비죄 378 제6장 정범 및 공범론 389 제1절 정범 및 공범의 일반이론(필요적 공범) 389 제2절 간접정범 398 제3절 공동정범(동시범, 합동범) 405 제4절 교사범 430 제5절 종범 440 제6절 공범과 신분 461 제7장 죄수론 477 제1절 죄수의 일반이론 477 제2절 일죄 479 제3절 수죄(상상적 경합, 실체적 경합) 491 제3편 형벌론 523 제1절 형벌의 종류 524 제2절 형의 양정 537 제3절 누범 547 제4절 선고유예･집행유예･가석방 552 제5절 형의 시효･소멸･기간 570 제6절 보안처분 576 |
최근본상품 *최대 20개까지 보여집니다.
