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김원욱 형법 2.1

김원욱 편저 | 좋은책 | 2018년 12월 03일   저자/출판사 더보기/감추기
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출간일 2018년 12월 03일
쪽수, 무게, 크기 1030쪽 | 190*260*60mm
ISBN13 9791163480174
ISBN10 1163480177

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중고도서 소개

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책소개 책소개 보이기/감추기

올 컬러로 제작하여 색깔별로 정리된 형법기본서로 최다 판례를 수록하였으며, 7급 심화이론을 더 쉽게 서술하고 있다. 또한 형법개정, 최신판례, 최신기출을 모두 반영하고 객관식 형법교재로서 구어체로 보다 쉬운 말로 서술한다. 각 판례와 이론에 키워드를 표기하고 별책부록에서 특별법과 두문자를 강화하였다.

목차 목차 보이기/감추기

제1부 형법 총론

제1편 형법서론


제1장 형법의 기본개념 / 18
제1절 형법의 의의와 종류 ······························18
Ⅰ 법률의 의의와 종류 ···································18
Ⅱ 형법의 의의와 종류 ···································18
Ⅲ 형법의 지위와 성격 ···································18
제2절 형법의 기능 ··········································19
Ⅰ 규제적 기능 ···············································19
Ⅱ 보호적 기능 ···············································19
Ⅲ 보장적 기능 ···············································19
제3절 형법의 발전 ·········································20
Ⅰ 법익 보호기능과 사회윤리적 행위가치
보호기능 ····················································21
Ⅱ 형벌이론 ····················································21
Ⅲ 형법학파의 비교 ········································22

제2장 죄형법정주의 / 23
제1절 죄형법정주의의 개관 ···························23
제2절 죄형법정주의의 내용 ···························23
Ⅰ 법률주의(관습형법금지원칙, 포괄위임금지원칙)
·································································23
Ⅱ 명확성원칙 ················································26
Ⅲ 소급금지원칙(형벌불소급원칙) ····················31
Ⅳ 유추해석금지원칙 ·····································35
Ⅴ 적정성원칙 ················································52

제3장 형법의 적용범위 / 54
제1절 형법의 시간적 적용범위 ······················54
Ⅰ 제1조 1항의 해석 ·······································54
Ⅱ 제1조 2항의 해석 ·······································55
Ⅲ 제1조 3항의 해석 ······································58
Ⅳ 제1조 2항·3항의 예외 ·······························58
Ⅴ 한시법과 백지형법 ····································59
제2절 형법의 장소적 적용범위 ······················67
Ⅰ 속지주의 ···················································67
Ⅱ 기국주의 ···················································67
Ⅲ 속인주의 ···················································68
Ⅳ 제5조의 보호주의 ·····································69
Ⅴ 제6조의 보호주의 ·····································69
Ⅵ 세계주의 ···················································70
Ⅶ 국가간 법률충돌의 해결 ·····························71
제3절 형법의 인적 적용범위 ··························72
Ⅰ 인적 적용범위의 원칙 ·······························72
Ⅱ 인적 적용범위의 예외 ·······························72
제4절 특별법과의 관계 ··································73

제2편 범죄론

제1장 범죄론의 기초 / 76
제1절 행위요건·성립요건·처벌조건·소추조건
·····························································76
Ⅰ 행위요건 ···················································76
Ⅱ 성립요건 ···················································76
Ⅲ 처벌조건 ···················································76
Ⅳ 소추조건 ····················································77
7급 이론 ····················································79
제2절 범죄의 의의와 종류 ·····························80
Ⅰ 범죄주체별 분류 ·······································80
Ⅱ 기수시기별 분류 ·······································80
Ⅲ 기수요건별 분류 ········································81
Ⅳ 종료시기별 분류 ········································81
Ⅴ 초과주관적 구성요건 ·································81
제3절 결과반가치와 행위반가치 ····················83
Ⅰ 불법의 의미 ··············································83
Ⅱ 불법의 내용 ··············································83

제2장 구성요건론 / 84
제1절 구성요건의 일반이론 ···························84
Ⅰ 구성요건의 의의 ·······································84
Ⅱ 구성요건이론의 발전 ································84
Ⅲ 구성요건과 위법성의 관계 ························84
Ⅳ 소극적 구성요건표지이론 ·························84
Ⅴ 구성요건의 요소 ·······································85
7급 이론 ····················································86
제2절 행위의 주체와 객체 ·····························88
Ⅰ 행위의 주체 ··············································88
Ⅱ 행위의 객체와 보호법익 ····························91
7급 이론 ····················································92
제3절 부작위범 ··············································95
Ⅰ 부작위범과 작위범 ····································95
Ⅱ 진정부작위범과 부진정부작위범 ···············95
Ⅲ 부작위범의 요건 ·······································96
Ⅳ 법적 작위의무 ···········································97
Ⅴ 작위와 부작위의 적용 ·······························98
Ⅵ 관련문제 ··················································100
7급 이론 ···················································101
제4절 인과관계와 객관적 귀속 ····················103
Ⅰ 인과관계의 의의 ······································103
Ⅱ 인과관계에 관한 학설 ······························103
Ⅲ 인과관계의 유형 ······································104
Ⅳ 인과관계의 입증 ······································106
7급 이론 ····················································111
제5절 구성요건적 고의 ·································116
Ⅰ 고의의 개관 ··············································116
Ⅱ 고의의 인식대상 ·······································116
Ⅲ 고의의 종류 ··············································117
7급 이론 ···················································124
제6절 구성요건적 착오 ·································126
Ⅰ 구성요건적 착오의 의의 ··························126
Ⅱ 구성요건적 착오의 종류 ··························126
Ⅲ 기타 협의의 착오의 종류 ·························127
Ⅳ 판례와 학설의 해결 ··································127
Ⅴ 사례의 해결 ·············································128
Ⅵ 병발사례 ··················································128
Ⅶ 개괄적 고의 과실 사례 ·····························129
제7절 과실범 ·················································131
Ⅰ 과실범의 개관 ··········································131
Ⅱ 과실범의 구성요건 ···································134
Ⅲ 관련문제 ··················································134
Ⅳ 신뢰의 원칙 ·············································143
7급 이론 ···················································150
제8절 결과적 가중범 ····································152
Ⅰ 결과적 가중범의 의미 ······························152
Ⅱ 결과적 가중범의 종류 ······························152
Ⅲ 구성요건 ··················································153
Ⅳ 행위책임주의 ···········································153
Ⅴ 관련문제 ··················································156

제3장 위법성론 / 159
제1절 위법성의 일반이론 ·····························159
Ⅰ 위법성과 불법 ··········································159
Ⅱ 위법성조각사유 ·······································159
Ⅲ 주관적 정당화의사 ···································159
7급 이론 ···················································160
제2절 정당방위 ·············································163
Ⅰ 정당방위의 개념 ······································163
Ⅱ 성립요건 ··················································163
Ⅲ 정당방위의 효과 ······································168
Ⅳ 기타의 방위 ·············································168
제3절 긴급피난 ·············································170
Ⅰ 긴급피난의 개념 ······································170
Ⅱ 성립요건 ··················································170
Ⅲ 긴급피난의 효과 ·······································171
Ⅳ 기타의 피난 ·············································172
Ⅴ 의무의 충돌 ·············································172
제4절 자구행위 ·············································173
Ⅰ 자구행위의 개념 ······································173
Ⅱ 자구행위의 요건 ······································173
Ⅲ 자구행위의 효과 ······································174
Ⅳ 과잉자구행위와 야간과잉자구행위 ···········174
제5절 피해자의 승낙 ····································176
Ⅰ 피해자의 동의의 의미 ······························176
Ⅱ 피해자의 동의를 양해로 해석하는 경우 ··· 176
Ⅲ 피해자의 동의를 피해자의 승낙으로 해석하는
경우 ·························································177
Ⅳ 추정적 승낙 ·············································179
제6절 정당행위 ············································180
Ⅰ 법령에 의한 행위 ·····································180
Ⅱ 업무로 인한 행위 ·····································186
Ⅲ 기타 사회상규에 합치하는 행위 ···············188

제4장 책임론 / 197
제1절 책임의 일반이론 ·································197
Ⅰ 책임주의 ··················································197
Ⅱ 책임의 근거 ·············································197
Ⅲ 책임의 본질 ·············································198
Ⅳ 범죄체계론 ··············································198
7급 이론 ···················································199
제2절 책임능력 ············································203
Ⅰ 책임능력의 개념 ·····································203
Ⅱ 책임무능력자 ··········································203
Ⅲ 한정책임능력자 ·······································208
Ⅳ 원인에 있어서 자유로운 행위 ··················210
제3절 위법성의 인식과 금지착오 ·················212
Ⅰ 금지착오의 개념 ······································212
Ⅱ 금지착오의 유형 ······································212
Ⅲ 금지착오의 효과 ······································213
Ⅳ 위법성조각사유의 전제사실의 착오 ·········221
7급 이론 ··················································223
제4절 기대가능성 ·········································227
Ⅰ 기대가능성의 판단기준 ···························227
Ⅱ 기대불가능성의 유형 ·······························228
Ⅲ 강요된 행위 ·············································229

제5장 미수론 / 232
제1절 미수범의 일반이론 ·····························232
Ⅰ 범죄실현의 단계 ······································232
Ⅱ 미수범의 유형 ·········································232
Ⅲ 미수범의 처벌근거 ··································232
제2절 음모·예비죄 ·······································233
Ⅰ 선전·선동의 개념 ·····································233
Ⅱ 음모·예비의 개념 ·····································233
Ⅲ 음모예비의 법적성격 ·······························234
Ⅳ 관련문제 ·················································235
제3절 장애미수 ············································240
Ⅰ 개념 ························································240
Ⅱ 성립요건 ·················································240
Ⅲ 실행의 착수 ············································240
7급 이론 ··················································246
제4절 중지미수 ············································247
Ⅰ 개념 ·························································247
Ⅱ 성립요건 ··················································247
Ⅲ 자의성 ·····················································247
Ⅳ 범행의 중지 또는 결과의 방지 ················250
Ⅴ 공범과 중지미수 ·····································250
Ⅵ 관련문제 ·················································252
7급 이론 ··················································253
제5절 불능미수 ············································254
Ⅰ 개념 ························································254
Ⅱ 성립요건 ·················································254
Ⅲ 불능미수의 판단 ······································255
7급 이론 ··················································258

제6장 공범론 / 260
제1절 공범의 일반이론 ································260
Ⅰ 서설 ························································260
Ⅱ 필요적 공범 ············································260
Ⅲ 정범과 공범의 관계(다수설) ·····················263
Ⅳ 기도된 교사·방조 ····································264
7급 이론 ··················································265
제2절 간접정범 ············································268
Ⅰ 정범과 공범의 구별 ·································268
Ⅱ 간접정범의 이용행위 ·······························270
Ⅲ 간접정범의 처벌 ·······································271
Ⅳ 간접정범과 착오 ······································272
Ⅴ 특수교사·방조 ·········································272
Ⅵ 각칙에 문제되는 간접정범 ·······················272
7급 이론 ··················································274
제3절 공동정범 ············································276
Ⅰ 공동정범의 개념 ······································276
Ⅱ 주관적 요건 ·············································277
Ⅲ 객관적 요건 ············································284
Ⅳ 공동정범의 책임 ·····································289
Ⅴ 동시범 ·····················································290
Ⅵ 합동범 ·····················································292
제4절 교사범 ················································294
Ⅰ 개념 ························································294
Ⅱ 성립요건 ·················································294
Ⅲ 교사의 착오 ············································298
Ⅳ 관련문제 ·················································299
제5절 방조범 ···············································300
Ⅰ 총칙상 방조범의 개념 ·····························300
Ⅱ 성립요건 ·················································300
Ⅲ 방조의 착오 ············································304
Ⅳ 관련문제 ·················································304
제6절 공범과 신분 ·······································307
Ⅰ 형법상 신분 ·············································307
Ⅱ 적극적 신분(제33조의 해석) ·····················308
Ⅲ 소극적 신분 ··············································311
7급 이론 ···················································312

제7장 죄수론 / 316
제1절 죄수의 일반이론 ·································316
Ⅰ 죄수론의 의의 ··········································316
Ⅱ 죄수결정의 기준 ······································316
제2절 일죄 ····················································317
Ⅰ 법조경합 ··················································317
Ⅱ 포괄일죄 ··················································321
제3절 상상적 경합 ·······································328
Ⅰ 개념 ························································328
Ⅱ 요건 ························································328
Ⅲ 효과 ························································328
제4절 실체적 경합 ·······································333
Ⅰ 경합범의 개념 ·········································333
Ⅱ 실체법적 요건 ·········································333
Ⅲ 소송법적 요건 ·········································333
Ⅳ 경합범의 효과 ·········································335
7급 이론 ··················································340

제3편 형벌론

.제1절 형벌의 종류 ·······································346
Ⅰ 형벌의 종류 ············································346
Ⅱ 사형 ························································346
Ⅲ 자유형 ·····················································346
Ⅳ 명예형 ·····················································347
Ⅴ 재산형 ·····················································347
제2절 형의 양정 ···········································356
Ⅰ 양형단계 ·················································356
Ⅱ 양형기준 ·················································356
Ⅲ 형의 가중 감경 면제 ·······························356
Ⅳ 미결구금 ·················································359
Ⅴ 판결의 공시 ············································360
Ⅵ 자수와 자복 ·············································361
Ⅶ 형사절차의 개관 ·····································363
제3절 누범 ···················································364
Ⅰ 서설 ························································364
Ⅱ 누범가중의 요건 ·····································365
Ⅲ 누범의 효과 ·············································367
Ⅳ 특가법상 누범 ·········································367
제4절 선고유예·집행유예·가석방 ···············369
Ⅰ 선고유예 ·················································369
Ⅱ 집행유예 ··················································371
Ⅲ 가석방 ·····················································375
7급 이론 ··················································378
제5절 형의 시효·소멸·기간 ·························380
Ⅰ 형의 시효 ················································380
Ⅱ 형의 소멸 ·················································381
Ⅲ 사면·감형·복권 ·······································382
Ⅳ 형의 기간 ················································383
제6절 보안처분 ············································384
Ⅰ 서설 ························································384
Ⅱ 형벌과 보안처분의 관계 ··························384
Ⅲ 현행법상 보안처분 ··································384

제2부형법 각론

제1편 개인적 법익에 대한 죄


제1장 생명과 신체에 대한 죄 / 390
제1절 살인의 죄 ··········································390
Ⅰ 서설 ························································390
Ⅱ 살인죄 ·····················································390
Ⅲ 존속살해죄 ··············································393
Ⅳ 영아살해죄 ··············································394
Ⅴ 기타범죄 ·················································395
제2절 상해와 폭행의 죄 ·······························397
Ⅰ 서설 ························································397
Ⅱ 상해죄와 폭행죄의 비교 ··························397
Ⅲ 상해죄 ·····················································398
Ⅳ 폭행죄 ·····················································403
제3절 과실치사상의 죄 ································410
Ⅰ 서설 ·························································410
Ⅱ 과실치사상죄 ···········································410
제4절 낙태의 죄 ···········································414
Ⅰ 서설 ·························································414
Ⅱ 낙태죄 ·····················································414
제5절 유기와 학대의 죄 ·······························416
Ⅰ 서설 ·························································416
Ⅱ 유기죄 ·····················································416
Ⅲ 기타 범죄 ·················································418

제2장 자유에 대한 죄 / 421
제1절 협박의 죄 ···········································421
Ⅰ 서설 ·························································421
Ⅱ 협박죄 ······················································421
Ⅲ 기타 범죄 ················································427
제2절 강요의 죄 ···········································428
Ⅰ 서설 ························································428
Ⅱ 강요죄 ·····················································428
Ⅲ 기타 범죄 ················································430
제3절 체포와 감금의 죄 ·······························432
Ⅰ 서설 ························································432
Ⅱ 체포·감금죄 ············································432
Ⅲ 기타 범죄 ················································435
제4절 약취와 유인의 죄 ·······························437
Ⅰ 서설 ························································437
Ⅱ 조문의 분석 - 2013년 개정 ·····················437
Ⅲ 미성년자 약취·유인죄 ·····························438
Ⅳ 기타 범죄 ·················································441
제5절 강간과 추행의 죄 ·······························444
Ⅰ 서설 ························································444
Ⅱ 조문의 분석 ············································444
Ⅲ 강간죄 ·····················································444
Ⅳ 기타 범죄 ················································448
Ⅴ 성폭력범죄의 처벌 등에 관한 특례법 ······455
Ⅵ 아동·청소년의 성보호에 관한 법률 ·········458

제3장 명예와 신용에 대한 죄 / 459
제1절 명예에 관한 죄 ··································459
Ⅰ 서설 ························································459
Ⅱ 조문의 분석 ············································459
Ⅲ 명예훼손죄 ··············································459
Ⅳ 기타 범죄 ·················································471
제2절 신용·업무·경매에 관한 죄 ················476
Ⅰ 서설 ························································476
Ⅱ 조문의 분석 ·············································476
Ⅲ 신용훼손죄 ··············································476
Ⅳ 업무방해죄 ··············································478
Ⅴ 기타 범죄 ·················································491

제4장 사생활의 평온에 대한 죄 / 495
제1절 비밀침해의 죄 ····································495
Ⅰ 서설 ························································495
Ⅱ 개인의 비밀 ············································495
제2절 주거침입의 죄 ····································497
Ⅰ 서설 ························································497
Ⅱ 조문의 분석 ············································498
Ⅲ 주거침입죄 ··············································498
Ⅳ 기타 범죄 ················································503

제5장 재산에 대한 죄 / 506
제1절 재산죄의 기본개념 ····························506
Ⅰ 재산죄의 분류 ·········································506
Ⅱ 재산죄의 객체 ·········································507
Ⅲ 형법상 점유 ··············································511
Ⅳ 불법영득의사 ···········································516
Ⅴ 친족상도례 ··············································520
제2절 절도의 죄 ···········································524
Ⅰ 서설 ························································524
Ⅱ 절도죄 ·····················································524
Ⅲ 기타 범죄 ················································530
제3절 강도의 죄 ···········································532
Ⅰ 서설 ························································532
Ⅱ 강도죄 ·····················································532
Ⅲ 특수강도죄 ··············································535
Ⅳ 준강도죄 ·················································536
Ⅴ 기타 범죄 ················································540
제4절 사기의 죄 ···········································546
Ⅰ 서설 ························································546
Ⅱ 사기죄 ·····················································546
Ⅲ 삼각사기 ··················································572
Ⅳ 신용카드 관련 범죄 ·································579
Ⅴ 기타 범죄 ················································584
제5절 공갈의 죄 ···········································588
Ⅰ 서설 ························································588
Ⅱ 공갈죄 ·····················································588
Ⅲ 기타 범죄 ················································593
제6절 횡령의 죄 ···········································594
Ⅰ 서설 ························································594
Ⅱ 횡령죄의 본질 ·········································594
Ⅲ 횡령죄 ·····················································594
Ⅳ 기타의 횡령죄 ··········································616
Ⅴ 기타 범죄 ················································622
제7절 배임의 죄 ···········································624
Ⅰ 서설 ························································624
Ⅱ 배임죄의 본질 ·········································624
Ⅲ 배임죄 ·····················································624
Ⅳ 기타 범죄 ·················································651
제8절 장물의 죄 ···········································659
Ⅰ 서설 ························································659
Ⅱ 장물죄의 본질 ·········································659
Ⅲ 장물의 개념 ············································660
Ⅳ 장물죄 ·····················································662
Ⅴ 기타 범죄 ················································666
제9절 손괴의 죄 ···········································668
Ⅰ 서설 ························································668
Ⅱ 재물손괴죄 ··············································668
Ⅲ 기타 범죄 ················································672
제10절 권리행사를 방해하는 죄 ··················674
Ⅰ 서설 ························································674
Ⅱ 권리행사방해죄 ·······································674
Ⅲ 기타 범죄 ················································679
Ⅳ 강제집행면탈죄 ·······································679

제2편 사회적 법익에 대한 죄

제1장 공공의 안전과 평온에 대한 죄 / 688
제1절 공안을 해하는 죄 ······························688
Ⅰ 서설 ························································688
Ⅱ 공안을 해하는 죄 ····································688
제2절 폭발물에 관한 죄 ·······························692
Ⅰ 서설 ························································692
Ⅱ 폭발물에 관한 죄 ····································692
제3절 방화와 실화의 죄 ·······························694
Ⅰ 서설 ························································694
Ⅱ 현주건조물등방화죄 ································695
Ⅲ 기타 범죄 ················································697
제4절 일수와 수리에 관한 죄 ·······················701
Ⅰ 서설 ·························································701
Ⅱ 일수와 수리에 관한 죄 ·····························701
제5절 교통방해의 죄 ····································704
Ⅰ 서설 ························································704
Ⅱ 일반교통방해죄 ·······································704
Ⅲ 기타 범죄 ················································708

제2장 공중의 건강에 대한 죄 / 710
제1절 음용수에 관한 죄 ·······························710
Ⅰ 서설 ·························································710
Ⅱ 음용수에 관한 죄 ·····································710
제2절 아편에 관한 죄 ···································712
Ⅰ 서설 ·························································712
Ⅱ 아편에 관한 죄 ·········································712

제3장 공공의 신용에 대한 죄 / 714
제1절 통화에 관한 죄 ···································714
Ⅰ 서설 ·························································714
Ⅱ 통화위조·변조죄 ······································714
Ⅲ 기타 범죄 ·················································716
제2절 유가증권·인지·우표에 관한 죄 ··········718
Ⅰ 서설 ·························································718
Ⅱ 유가증권 위조·변조죄 ······························718
Ⅲ 자격모용에 의한 유가증권작성죄 ············723
Ⅳ 허위유가증권작성죄 ································724
Ⅴ 기타 범죄 ················································726
제3절 문서에 관한 죄 ··································729
Ⅰ 서설 ·························································729
Ⅱ 문서 위조·변조죄 ····································729
Ⅲ 자격모용에 의한 문서작성죄 ···················744
Ⅳ 전자기록 위작·변작죄 ·····························746
Ⅴ 허위문서작성죄 ·······································748
Ⅵ 기타 범죄 ·················································761
제4절 인장에 관한 죄 ··································765
Ⅰ 서설 ························································765
Ⅱ 인장에 관한 죄 ········································765

제4장 사회의 도덕에 대한 죄 / 768
제1절 성풍속에 관한 죄 ·······························768
Ⅰ 서설 ························································768
Ⅱ 성풍속에 관한 죄 ····································768
제2절 도박과 복표에 관한 죄 ·······················772
Ⅰ 서설 ·························································772
Ⅱ 도박과 복표에 관한 죄 ····························772
제3절 신앙에 관한 죄 ···································776
Ⅰ 서설 ·························································776
Ⅱ 신앙에 관한 죄 ········································776

제3편 국가적 법익에 대한 죄

제1장 국가의 존립과 권위에 대한 죄 / 782
제1절 내란의 죄 ···········································782
Ⅰ 서설 ························································782
Ⅱ 내란죄 ·····················································782
제2절 외환의 죄 ···········································784
Ⅰ 서설 ························································784
Ⅱ 외환죄 ·····················································784
제3절 국기에 관한 죄 ··································789
Ⅰ 서설 ························································789
Ⅱ 국기에 관한 죄 ········································789
제4절 국교에 관한 죄 ··································790
Ⅰ 서설 ························································790
Ⅱ 국교에 관한 죄 ········································790

제2장 국가의 기능에 대한 죄 / 793
제1절 공무원의 직무에 관한 죄 ···················793
Ⅰ 서설 ························································793
Ⅱ 공무원의 개념 ·········································793
Ⅲ 직무유기죄 ··············································793
Ⅳ 직권남용죄 ··············································798
Ⅴ 기타 범죄 ················································802
제2절 뇌물에 관한 죄 ··································805
Ⅰ 서설 ························································805
Ⅱ 뇌물성 ·····················································805
Ⅲ 뇌물에 관한 죄 ·········································811
Ⅳ 뇌물의 몰수·추징 ····································825
제3절 공무방해에 관한 죄 ···························829
Ⅰ 서설 ························································829
Ⅱ 공무집행방해죄 ·······································829
Ⅲ 위계에 의한 공무집행방해죄 ···················838
Ⅳ 기타 범죄 ················································843
제4절 도주죄 ················································853
Ⅰ 서설 ························································853
Ⅱ 도주죄 ·····················································853
제5절 범인은닉과 증거인멸의 죄 ················855
Ⅰ 서설 ························································855
Ⅱ 범인은닉죄 ··············································855
Ⅲ 증거인멸죄 ··············································860
Ⅳ 기타 범죄 ················································863
Ⅴ 친족간 특례 ············································863
제6절 위증죄·무고죄 ···································865
Ⅰ 서설 ························································865
Ⅱ 위증죄 ·····················································865
Ⅲ 기타 위증죄 ·············································871
Ⅳ 무고죄 ······················································871
Ⅴ 자수·자백의 특례

저자 소개 (1명)

출판사 리뷰 출판사 리뷰 보이기/감추기

법학 서적 중에서 전국 최초로 올컬러로 출간되었던 김원욱 형법에 보내주신 수험생들의 과분한 사랑에 감사드리며, 김원욱 형법 2.1을 출간하게 되었습니다. 2.1의 특징은 다음과 같습니다.
1. 형법 총론과 각론을 한 권으로 통합하고 분량을 줄였습니다.
2. 경찰 법원 검찰 변호사 등 전 직렬 시험을 대비할 수 있습니다.
3. 객관식 형법 교재로서 구어체로 보다 쉬운 말로 서술하였습니다.
4. 올컬러로 제작하여 각 색깔 별로 정리하기 쉽게 편집하였습니다.
5. 각 판례와 이론에 키워드를 표기하여 시험 직전에 빨리 볼 수 있습니다.
6. 시험 경향에 맞는 지속적이고 즉각적인 업데이트를 약속드립니다.

형법의 공부방법
1.기본강의 - 김원욱형법
기본강의는 법률용어와 형법체계를 배우는 과정입니다. 영어로 치면 단어와 문법을 배우는 과정입니다. 형법의 기초를 닦는 과정이므로 오랜 시간 동안 반복한다고 좋은 것이 아니라, 집중해서 듣고 복습하여 빨리 끝내고 판례강의로 넘어가야 합니다.

2.판례강의 - 김원욱형법
실제로 벌어진 사건에 대하여 대법원이 어떤 판단을 하였는지 자세히 분석하는 과정입니다. 이때부터 실질적인형법 공부가 시작됩니다. 영어로 치면 독해를 하면서 무슨 뜻인지 생각하는 과정입니다. 죄형법정주의, 죄수, 재산죄, 문서죄가 어려운 부분이며, 잘 모르는 법률용어가 나오면 네이버나 다음에서 지식백과를 찾아보며 분석하고 생각해 봅니다. 정리나 암기보다는 왜 그런지 생각해보는 시간을 많이 가지는 것이 판례완성의 지름길입니다.

3.기출강의 - 원형법기출총정리 (일명 ‘원기총’)
기본강의와 판례강의때 배운 내용들이 실제 시험에서 어떤 형태로 출제되는지 공부합니다. 기본강의와 판례강의를 다 듣고 복습해야만 문제가 풀리는데, 기본강의 때부터 어떻게 출제되는지 훑어보며 지문에 익숙해지는것도 좋습니다. 어느 직렬이든 형법은 기출지문에서 90% 이상 출제되기 때문에, 원기총은 형법출제자에게 문제은행의 역할을 합니다. 중간을 잘 바꾸지 않고 거의 문장 그대로 출제됩니다. 틀린 문제에 대한 확실한 반복이필요합니다.

4.요약강의 - 원욱이형은 내친구와 원욱이형 키워드스토리
기본, 판례, 기출강의를 듣고 반복했으면 이해하는 공부는 끝난 겁니다. 이제 키워드로 압축정리하여 무한반복하고 암기할 부분은 철저히 암기하여 빠른 시간 내에 문제 푸는 스킬을 키웁니다. 자세히 분석하여 핵심을 줄여 키워드를 뽑아냈으면, 이제는 반대로 키워드를 보면서 스토리를 만들어보는 공부를 합니다. 스토리가 기억나면 그 부분은 잘 공부한 겁니다.

5.문풀강의 - 진도별 예상적중문제와 전범위 동형 모의고사
이해하고 암기하여 머릿속에 지식이 꽉 찼어도 막상 시험장에서는 글이 눈에 잘 안 들어오거나 시간안배에 실패하여 좋은 성적을 받지 못하기도 합니다. 영어를 배웠으면 실제로 현장에서 써보고 틀려봐야 진짜 내 실력이 되듯이, 형법도 많은 문제를 풀면서 틀려봐야 진짜 내 실력이 됩니다. 문제를 풀다가 틀린 부분은 반드시 기본서를 찾아서 해당 부분을 다시 공부해야 합니다.

6.최기판강의 - 1개년 최신기출 최신판례
교재가 출간된 이후 개정된 형법조문이나 새로 나온 최신기출과 최신판례를 업데이트해야 시험을 보러 갑니다. 1개년 최기판은 매년 12월 초에 출간되며, 김원욱쌤은 항상 시험 한 달 전에 최기판강의를 개설합니다. 다만 경찰채용 2차시험이 있을 때에는 1개년 최기판이 출간된 이후의 그 해 상반기 최기판을 별도로 추가 강의합니다.

본 교재에 대한 질문이 있거나 업데이트 자료 또는 정오사항을 원하는 수험생은 다음카페 김원욱 형법교실을 찾아 주세요. 네이버밴드 김원욱 형법교실로 질문하면 김원욱쌤이 직접 댓글로 간단한 답변도 드립니다. 본서를 출간하는데 물심양면으로 많은 도움을 주신 좋은책 대표님과 본서를 예쁘게 디자인하고 편집해주신 직원들과 교재작업을 도와준 연구원 및 조교들에게 감사드립니다.
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