- 독자대상 : 공무원 시험 준비생 - 구성 및 특징 : ① 최근 경향 반영 ② 학습 내용 체계적으로 구성

저자 : 허문표 전남대학교 법과대학 법학박사(형사법 전공) 현) 남부고시학원 형법강의 대구한국공무원학원 형법강의 EBS 경찰형법강의 전남대학교 강사 한국방송통신대학 강의 중앙경찰학교 강의 민주주의법학연구회, 북한법연구회 정회원

제1편 형법서설 제1장 형법의 기본개념 ···········11 제1절 형법의 의의와 성격 ······································11 제2절 형법의 기능 ·················································································14 제3절 형법의 발전 ···································································16 제2장 죄형법정주의 ················································································17 제3장 형법의 적용범위 ·························································································································49 제1절 형법의 시간적 적용범위 ··················································································49 제2절 형법의 장소적 적용범위 ·························································61 제3절 형법의 인적 적용범위 ······················································································································67 제4장 형법이론 ·······················································································69 제1절 형법학파 ··································································································70 제2절 범죄이론 ··················································································71 제3절 형벌이론 ·····················································································71 제2편 범죄론 제1장 범죄론의 기초 ······················································77 제1절 범죄의 의의와 종류 ····································································77 제2절 범죄의 성립요건 . 처벌조건 . 소추조건 ·································································82 제3절 범죄체계와 행위론(行爲論) ·····································································85 제2장 구성요건론 ·······················································································91 제1절 구성요건의 일반이론 ·····························································91 제2절 결과반가치와 행위반가치 ··············································································96 제3절 행위의 주체와 객체 ·················································································98 제4절 인과관계와 객관적 귀속 ················································································105 제5절 구성요건적 고의 ····················································································117 제6절 구성요건적 착오 ···················································································131 제7절 과실범 ·······················································································141 제8절 결과적 가중범 ····················································································157 제9절 부작위범 ························································································167 제3장 위법성론 ······················································································181 제1절 위법성의 일반이론 ·················································································181 제2절 정당방위 ·························································································185 제3절 긴급피난 ····················································································199 제4절 자구행위 ·······················································································208 제5절 피해자의 승낙 ·······················································································214 제6절 정당행위 ························································································223 제4장 책임론 ························································································241 제1절 책임론의 일반이론 ···················································································241 제2절 책임능력 ·······················································································244 제3절 위법성의 인식 ·······················································································256 제4절 금지착오(법률의 착오) ················································································258 제5절 기대가능성 ·····················································································269 제5장 미수론 ·························································································278 제1절 미수범 일반론 ·······················································································278 제2절 장애미수 ······················································································280 제3절 중지미수 ···················································································292 제4절 불능미수 ·························································································299 제5절 예비죄 ·························································································306 제6장 공범론 ·····························································································313 제1절 정범과 공범의 기초이론 ················································································313 제2절 공동정범 ·························································································322 제3절 간접정범 ·························································································346 제4절 교사범 ·······················································································355 제5절 종범 ··························································································364 제6절 공범과 신분 ·····················································································372 제7장 죄수론 ···················································································381 제1절 죄수론 ························································································381 제2절 일죄(一罪) ·················································································384 제3절 수죄(數罪) ······················································································401 제3편 형벌론 제1장 형벌론 ···························································································419 제1절 형벌론 ····················································································419 제2절 형의 경중 ························································································434 제3절 형의 양정 ························································································434 제4절 누범 ··························································································447 제5절 집행유예 . 선고유예 . 가석방 ·············································································452 제6절 형의 시효 . 소멸 . 기간 ············································································463 제7절 보안처분 ······················································································468

[머리말]
본서는 경찰 · 검찰 등 각종의 국가시험이나 승진시험에 응시하려는 수험생을 위하여 쓰인 수험서이다. 경찰 · 검찰 등 각종의 국가시험이나 승진시험에 응시하려는 수험생들에게 형법은 그 이론이나 학설이 난해하고 그 양도 방대하여 이를 체계적으로 완전히 이해하기 위해서는 많은 시간과 정력을 요한다.

더욱이 최근에 발간된 모든 교과서들은 분량이 방대하고 저서마다 다른 저자들의 독창적 기술 때문에 형법을 이해하고 정리하기가 어려울 뿐만 아니라 어느 한 권의 교과서만으로는 수험에 만전을 기할 수 없게 되었다.

객관식 문제를 준비하기 위해서는 교과서의 내용을 확실하게 이해하고 정리하는 것이 선결과제이다.
이에 저자는 가장 최근에 출판된 교과서를 빠짐없이 참조하여 가능한 한 적은 지면에 모든 내용을 요약하여 핵심을 정리함으로써 이 책 한 권으로 객관식 문제 풀이에 자신감과 희망을 갖도록 함과 동시에 주관식 문제도 대비할 수 있도록 하였다.

이 책을 펴냄에 있어서 다음의 몇 가지 점에 유의하였다.

Ⅰ. 본문은 가장 최근에 발간된 모든 형법교과서를 빠짐없이 참고하고 기출문제를 면밀히 분석하여 핵심을 정리함으로써 모든 객관식 문제의 논점 정리에 만전을 기할 수 있도록 하였다.

Ⅱ. 현재까지의 사법시험, 변호사시험, 7급, 9급, 경찰채용, 승진시험 등 각종 시험의 기출문제를 빠짐없이 수록 · 해설하여 가장 최근의 출제경향을 이해하도록 하였다.

Ⅲ. 판례문제의 비중이 높아지는 최근의 출제경향을 고려하여, 관련판례를 체계적으로 정리하고 판례관련문제도 수록하였다.

Ⅳ. 문제풀이에 앞서 쟁점사항을 지적함으로써 문제의 중요도를 예측할 수 있게 하였다.

Ⅴ. 형사특별법을 관련부분에서 가능한 한 상세하게 기술함으로써 최근 출제가 증가하고 있는 형사특별법 관련문제의 해결에도 만전을 기하도록 하였다.

2020년 1월
저자 허문표