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2026 신현식 형법 총론 기본심화이론(25년7,8월)
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| 교수 |
신현식
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강의구성 | 총 56강/(종강:44시간) |
|---|---|---|---|
| 과목 | 형법 | 촬영학원 | 남부고시 |
| 강좌유형 | 심화이론 | 수강료/기간 |
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| 샘플강의 | 1강 맛보기 (HD) | ||
| 번호 | 학습내용 | 시간 | 샘플강의 |
|---|
| 1강 | 25/07/07_[교재1] 제1편 제1장 제1절 형법의 의의 p2~ | 51분 |
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| 2강 | 25/07/07_[교재1] 제1편 제2장 제3절 범죄이론 p7~ | 49분 | |
| 3강 | 25/07/07_[교재1] 제1편 제3장 제2절 죄형법정주의의 내용 p12~ | 49분 | |
| 4강 | 25/07/07_[교재1] 제1편 제3장 제2절 죄형법정주의의 내용 p18~ | 49분 | |
| 5강 | 25/07/08_[교재1] 제1편 제3장 제2절 죄형법정주의의 내용 p23~ | 52분 | |
| 6강 | 25/07/08_[교재1] 제1편 제3장 제2절 죄형법정주의의 내용 p30~ | 48분 | |
| 7강 | 25/07/08_[교재1] 제1편 제3장 제2절 죄형법정주의의 내용 p32~ | 42분 | |
| 8강 | 25/07/08_[교재1] 제1편 제4장 제1절 시간의 적용범위 p60~ | 50분 | |
| 9강 | 25/07/09_[교재1] 제1편 제4장 제1절 시간의 적용범위 p61~ | 52분 | |
| 10강 | 25/07/09_[교재1] 제1편 제4장 제2절 장소적 적용범위 p70~ | 45분 | |
| 11강 | 25/07/09_[교재2]PART01 제1편 제4절 형법의 적용범위 p47~ | 49분 | |
| 12강 | 25/07/09_[교재1]제2편 제1장 제4절 행위와 주체와 객체 p93~ | 46분 | |
| 13강 | 25/07/14_[교재1]제2편 제1장 제4절 행위와 주체와 객체 p101~ | 49분 | |
| 14강 | 25/07/14_[교재1]제2편 제2장 제3절 부작위범 p111~ | 46분 | |
| 15강 | 25/07/14_[교재1]제2편 제2장 제3절 부작위범 p107~ | 53분 | |
| 16강 | 25/07/14_[교재1]제2편 제2장 제4절 인과관계와 객관적 귀속 p118~ | 42분 | |
| 17강 | 25/07/15_[교재1]제2편 제2장 제5절 구상요건적 고의 p132~ | 50분 | |
| 18강 | 25/07/15_[교재1]제2편 제2장 제6절 구성요건적 착오 p139~ | 52분 | |
| 19강 | 25/07/15_[교재2]제2편 제2장 제4절 인과관계와 객관적 귀속 p139~ | 50분 | |
| 20강 | 25/07/15_[교재1]제2편 제2장 제7절 과실범 p145~ | 39분 |
| 교수 | 신현식 |
|---|---|
| 교수주요경력 |
서울대학교 법학과 졸업 고려대학교 법학전문대학원 졸업 서울대학교 법학과 형사법 석사 수료 現) 박문각 경찰 형사법 전임 前) 에듀윌 국가직 형법 대표강사 現) 법률사무소 더본 대표변호사 前) 중앙경찰학교 형사법 교수 前) 서울대학교 인권센터 심의위원 前) 서울 수서.방배경찰서 자문변호사 前) 서울동대문경찰서 청소년선도심사위 |
| 주교재 소개 |
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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 |
2017년부터 2025년 6월까지 시행된 각종 공무원 시험(경찰채용, 경찰승진, 경찰간부, 법원직9급, 국가직 7급과 9급)의 최신문제까지 약1600문제를 빠짐없이 수록하였다. 이러한 시험을 보는 수험생들은 물론 다른 형법 시험을 보는 수험생들이라도 형법 객관식 기출문제와 실제 시험에 대하여는 이 한권으로 완벽하게 대비가 가능하다. 2025년 초까지 선고된 대법원의 최신 판결을 모두 반영하였다. 즉 대법원의 판례변경으로 인한 정답 변경도 모두 고려하여 독자들의 혼란을 방지하였다. 따라서 본서의 독자들은 '출제당시의 정답'이 '현재는 오답'이거나 그 반대의 경우를 걱정하지 않고 본서의 내용과 해설로만 정리하면 앞으로 보는 시험에 대한 '정확한 대비'가 될 것이다. |
| 부교재 목차 |
PART Ⅰ 형법 총론
제1편 서론 ··············································································································7 제1절 형법의 기본개념 ···················································································8 제2절 형법의 발전 ··························································································9 제3절 죄형법정주의 ······················································································10 제4절 형법의 적용범위 ·················································································45 제2편 범죄론 ········································································································69 제1장 범죄론의 기초(범죄의 의의와 종류, 행위의 주체와 객체 등) ·················70 제2장 구성요건론 ····························································································92 제1절 구성요건의 일반이론 ·········································································92 제2절 결과반가치와 행위반가치 ··································································92 제3절 부작위범 ······························································································93 제4절 인과관계와 객관적 귀속 ·································································118 제5절 구성요건적 고의 ··············································································140 제6절 구성요건적 착오 ··············································································154 제7절 과실범 ·······························································································173 제8절 결과적 가중범 ··················································································196 제3장 위법성론 ······························································································220 제1절 위법성의 일반이론 ···········································································220 제2절 정당방위 ···························································································224 제3절 긴급피난 ···························································································231 제4절 자구행위 ···························································································234 제5절 피해자의 승낙 ··················································································237 제6절 정당행위 ···························································································252 제4장 책임론 ·································································································285 제1절 책임의 일반이론 ··············································································285 제2절 책임능력 ···························································································288 제3절 위법성의 인식과 금지착오 ······························································307 제4절 기대가능성 ························································································338 제5장 미수론 ·································································································354 제1절 미수범의 일반이론 ···········································································354 제2절 장애미수 ···························································································381 제3절 중지미수 ···························································································382 제4절 불능미수 ···························································································386 제5절 예비죄 ·······························································································398 제6장 정범 및 공범론 ··················································································409 제1절 정범 및 공범의 일반이론(필요적 공범) ···········································409 제2절 간접정범 ···························································································419 제3절 공동정범(동시범, 합동범) ···································································427 제4절 교사범 ·······························································································455 제5절 종범 ···································································································465 제6절 공범과 신분 ······················································································487 제7장 죄수론 ·································································································505 제1절 죄수의 일반이론 ··············································································505 제2절 일죄 ···································································································507 제3절 수죄(상상적 경합, 실체적 경합) ·························································522 제3편 형벌론 ······································································································555 제1절 형벌의 종류 ······················································································556 제2절 형의 양정 ·························································································572 제3절 누범 ···································································································581 제4절 선고유예.집행유예.가석방 ······························································587 제5절 형의 시효.소멸.기간 ·······································································604 제6절 보안처분 ···························································································610 |
