1. 1년간 최신 기출문제에 대한 상세한 해설 본서는 2024년 11월부터 2025년 11월까지 사이에 치러진 여러 국가시험 문제를 기본서의 순서에 맞추어 체계적으로 배열하고 해설을 붙인 자료이다. 수록된 문제는 2024년 및 2025년 경찰대편입시험, 2025년 변호사시험, 경찰승진시험, 해경승진시험, 순경공채시험(1차), 국가직 9급시험, 법원직 9급시험, 해경(순경 및 학과)시험, 형사법능력평가시험, 경위공채시험, 순경공채시험(2차), 경력경채시험, 국가직 7급시험, 해경경위공채시험의 기출문제이다. 2. 출제경향의 변화에 대처하기 위한 최적의 교재 최근 몇 년 사이에 여러 시험에서 출제경향의 변화가 있는데, “이론과 학설 문제”가 다소 강화되는 추세, 변호사시험과 유사하게 “사례형 문제”와 형법과 형사소송법이 합쳐진 “복합형 문제”의 출제가 바로 그것이다. 본서를 통해서 이와 같은 변화에 적절하게 대비할 수 있을 것이라고 생각한다. 3. 중요한 최신판례의 파악 최신판례의 중요성은 이미 다 알고 있겠지만, 최신판례 중에서 최근의 시험에서 출제된 것들은 더욱 중요하다고 할 수 있다. 최신판례는 아직 기본서에 반영되지 않은 경우가 많기 때문에 본서를 통해서 중요한 최신판례들을 정리할 필요성은 더욱 크다고 할 수 있다. 4. 효율적인 총정리 교재 시험 직전에 어떤 자료를 가지고 총정리를 해야 할 것인가에 대해서 고민이 있겠지만, 각자가 평소에 보던 자료에다가 본 교재에 수록된 최신 기출문제를 추가한다면 매우 효율적인 총정리가 될 수 있을 것이다. 본서의 효율적 활용을 통하여 합격의 영광을 안기를 기원하면서… 2025년 11월 14일 법학박사 신 호 진

형 법 총 론 1. 죄형법정주의 ············································· 3 2. 형법의 시간적 적용범위 ························· 17 3. 형법의 장소적 적용범위 ························ 22 4. 범죄의 의의·종류 ·································· 26 5. 행위의 주체와 객체 ································ 30 6. 구성요건의 일반이론 ······························ 35 7. 부작위범 ··················································· 37 8. 인과관계와 객관적 귀속 ························ 47 9. 구성요건적 고의 ····································· 57 10. 구성요건적 착오 ··································· 61 11. 과실범 ···················································· 66 12. 결과적 가중범 ······································· 71 13. 위법성의 일반이론 ······························· 84 14. 정당방위 ················································ 85 15. 긴급피난 ················································ 88 16. 자구행위 ················································· 91 17. 피해자의 승낙 ······································· 95 18. 정당행위 ················································ 98 19. 책임의 일반이론 ································· 104 20. 책임능력 ·············································· 108 21. 위법성의 인식과 금지착오 ················· 114 22. 기대가능성 ··········································· 128 23. 미수범의 일반이론 ····························· 133 24. 장애미수 ·············································· 135 25. 중지미수 ·············································· 142 26. 불능미수 ·············································· 148 27. 예비죄 ·················································· 152 28. 정범·공범의 일반이론 ······················ 154 29. 간접정범 ·············································· 157 30. 공동정범 ··············································· 161 31. 교사범 ·················································· 172 32. 종 범 ···················································· 174 33. 공범과 신분 ········································· 179 34. 일 죄 ···················································· 186 35. 수 죄 ···················································· 191 36. 형벌의 종류 ········································ 204 37. 형의 양정 ············································ 212 38. 누 범 ···················································· 213 39. 집행유예·선고유예·가석방 ············· 217 형 법 각 론 1. 살인의 죄 ············································· 223 2. 상해와 폭행의 죄 ································ 228 3. 과실치사상의 죄 ·································· 236 4. 낙태의 죄 ············································· 243 5. 유기와 학대의 죄 ································ 244 6. 협박의 죄 ············································· 247 7. 강요의 죄 ············································· 252 8. 체포와 감금의 죄 ································ 256 9. 약취·유인 및 인신매매의 죄 ··········· 260 10. 강간과 추행의 죄 ······························ 265 11. 명예에 관한 죄 ································· 280 12. 신용·업무와 경매에 관한 죄 ········· 288 13. 비밀침해의 죄 ··································· 297 14. 주거침입의 죄 ··································· 298 15. 재산죄의 기본개념 ···························· 307 16. 절도의 죄 ··········································· 310 17. 강도의 죄 ··········································· 319 18. 사기의 죄 ··········································· 326 19. 공갈의 죄 ··········································· 337 20. 횡령의 죄 ············································ 339 21. 배임의 죄 ············································ 347 22. 장물의 죄 ············································ 363 23. 손괴의 죄 ············································ 365 24. 권리행사를 방해하는 죄 ··················· 370 25. 공안을 해하는 죄 ······························· 379 26. 방화와 실화의 죄 ······························· 382 27. 교통방해의 죄 ···································· 385 28. 통화에 관한 죄 ·································· 390 29. 유가증권·인지와 우표에 관한 죄 ·· 392 30. 문서에 관한 죄 ·································· 393 31. 성풍속에 관한 죄 ······························· 405 32. 도박과 복표에 관한 죄 ····················· 407 33. 공무원의 직무에 관한 죄 ················· 409 34. 공무방해에 관한 죄 ··························· 425 35. 도주와 범인은닉의 죄 ······················· 436 36. 위증과 증거인멸의 죄 ······················· 440 37. 무고의 죄 ············································ 446 수 사 와 증 거 1. 수사의 기본개념 ··································· 459 2. 수사의 개시 ·········································· 467 3. 수사의 방법 ·········································· 488 4. 대인적 강제수사 ·································· 500 5. 대물적 강제수사 ··································· 534 6. 수사상의 증거보전 ······························· 583 7. 수사의 종결 ·········································· 585 8. 증거의 기본개념 ··································· 596 9. 증명의 기본원칙 ··································· 599 10. 위법수집증거배제법칙 ······················· 613 11. 자백배제법칙 ······································ 625 12. 전문법칙 ············································· 629 13. 당사자의 동의와 증거능력 ··············· 655 14. 탄핵증거 ·············································· 661 15. 자백보강법칙 ······································ 665 16. 공판조서의 증명력 ···························· 670

※ 수록시험 ※ ● 2024년 11월 9일 시행 2025학년도 경찰대학 편입학 1차 시험 〈24-경찰대편입〉 ● 2025년 1월 14일 시행 2025년도 제14회 변호사시험 〈25-변호사〉 ● 2025년 1월 18일 시행 경찰공무원 정기승진시험(해양경찰) 〈25-해경승진〉 ● 2024년 2월 21일 시행 경찰공무원(경위이하) 정기승진시험 〈25-경찰승진〉 ● 2025년 3월 15일 시행 2025년 제1차 경찰공무원(순경) 공개경쟁채용시험[일반공채(101경비단)] 〈25-경찰1차〉 ● 2025년 4월 5일 시행 2025년도 국가공무원 9급 공개경쟁채용시험 〈25-검찰·마약수사직9급; 교정·철도경찰9급〉 ● 2025년 6월 21일 시행 2025년 9급 공개경쟁채용시험(법원직) 〈25-법원9급〉 ● 2025년 6월 28일 시행 2025년 상반기 경찰공무원채용시험(해양경찰) 〈25-해경[순경], 25-해경학과[경장]〉 ● 2025년 6월 28일 시행 2025년 형사법 능력평가시험 〈25-능력평가〉 ● 2025년 7월 26일 시행 2026년 제75기 경위 공개경쟁채용시험 〈25-경위공채〉 ● 2025년 8월 30일 시행 2025년 제2차 경찰공무원(순경) 채용시험[일반공채(101경비단)·경찰행정 경채] 〈25-경찰2차〉 ● 2025년 9월 13일 시행 2025년 하반기 경찰공무원 경력경쟁채용시험 〈25-경채(세무)〉 ● 2025년 9월 20일 시행 2025년 국가직 7급 공개경쟁채용시험 〈25-검찰7급〉 ● 2025년 10월 25일 시행 2025년 하반기 경찰공무원채용시험(해양경찰) 〈25-해경간부〉 ● 2025년 11월 8일 시행 2026학년도 경찰대학 편입학 1차 시험 〈25-경찰대편입〉