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‘문제로 정리하는 기본서’는 SUB-NOTE 이다!
“문제로 정리하는 기본서”…… 책 제목이 좀 생소한 느낌을 줄 것 같은데, 아래에서는 본서의 취지 및 특징을 설명함으로써 독자들이 본서의 가치를 이해하고 효율적으로 활용할 수 있도록 하고자 한다.
1. 형법이론을 효율적으로 정리하는 방법
형법을 처음 공부하는 경우에는 일단 기본강의를 수강하면서 기본서를 빠짐없이 정독해야 한다. 이 때에는 출제경향이라는 것을 생각할 필요 없이 오직 형법이 어떤 과목인지 그 내용을 철저하게 “이해”하는 데 중점을 두고 공부를 해야 한다. 그러나 어느 정도 공부가 된 다음에는 출제경향을 고려해서 보다 “중요한 부분”에 집중을 할 필요가 있다. 여기서 방대한 형법이론 중에서 어떤 부분이 출제가능성이 높은 중요부분인지가 문제되는데, 이에 대한 가장 정확한 답은 “기출문제”에서 찾을 수 있다. 본서는 2000년 이후의 사법시험 기출문제, 2012년 이후의 변호사시험 기출문제와 법전협 모의고사문제를 기초로 하여 여기서 출제된 형법이론문제를 지문별로 분해하여 형법 기본서의 목차순서대로 재배열을 하였다. 이 정도의 범위에서 출제되었던 이론이라면 앞으로도 출제될 가능성이 매우 높고, 반대로 이 정도의 범위에서 출제되지 않은 이론이라면 앞으로도 출제될 가능성은 매우 낮다 . 그러므로 기본강의 수강과 기본서의 정독을 통해서 형법 전반에 대해서 이해를 하였다면, 그 다음부터는 정말로 출제가능성이 높은 중요부분에 집중하는 것이 필요한데, 본서에 수록된 “핵심정리문제”가 바로 집중해야 할 중요부분이 된다. 본서는 비록 객관식 문제집의 형태를 취했지만, 각 문제와 지문들은 기본서의 체계적 순서에 따라서 질서정연하게 배열을 하였고, 또 동일한 논점끼리 모아서 문제로 재구성을 하였기 때문에 실은 기본서의 내용 중에서 정말 출제가능성이 높은 중요부분을 정리해 놓은 SUB-NOTE 라고도 할 수 있다. 그래서 문제의 형식으로 기본서의 중요부분을 체계적으로 정리할 수 있다는 점에서 책의 이름을 “문제로 정리하는 기본서”라고 붙이게 된 것이다.
2. 형법판례를 효율적으로 정리하는 방법
최근에는 어떤 시험이든지 판례의 비중이 매우 높은데, 방대한 분량의 판례를 어떻게 효율적으로 정리할 것인지가 문제된다. 본서는 이에 대한 대책도 역시 “기출문제”에서 찾았다. 그래서 최근 5년간의 사법시험과 변호사시험 및 법전협 모의고사에서 출제되었던 판례와 경찰 등 다른 국가고시 최근 3년간의 기출문제에서 출제되었던 판례를 빠짐 없이 골라내어 역시 기본서의 체계적 순서에 따라서 재배열을 하였다. 이론과 달리 판례는 최근 5년간의 기출판례로 그 범위를 좁힌 이유는 너무 범위를 넓힐 경우에는 출제가능성이 낮은 오래된 판례들이 많이 반영될 위험성이 있기 때문이다. 어쨌든 이 정도의 범위에서 출제되었던 판례는 앞으로도 출제가능성이 클 것이고, 반대로 이 정도의 범위에서 출제되지 않았던 판례는 앞으로도 출제가능성이 낮을 것이다.
그런데 기출판례를 중시할 경우에는 간과되기 쉬운 사각지대가 있음을 주의할 필요가 있다. 그것은 바로 “최신판례”들이다. 최신판례일수록 출제가능성이 매우 높은데, 이러한 최신판례들은 나온지 얼마 안 되어서 아직 문제로 출제될 기회가 별로 없었기 때문에 기출문제에 충분히 반영되어 있지 않다. 이에 본서에서는 “핵심정리문제” 다음에 “최신 3년간의 판례”를 별도로 정리하여 최신판례의 높은 출제가능성에 완벽하게 대비할 수 있도록 하였다. 최신판례는 본서에 수록될 수 없는 시험일 직전까지의 것도 공부해야 하는데, 편저자는 7월 경 2016년 1월부터 6월까지의 최신판례를 정리한 자료와 그에 대한 해설강의를 계획하고 있고, 그 이후부터의 판례도 지속적으로 업데이트를 할 예정이니 편저자의 홈페이지를 참고해서 중요한 최신판례에 대한 정보를 놓치지 않았으면 한다.
3. 중요부분에 집중하는 것이 고득점의 비결
시험공부를 할 때 “빠짐없이” 공부하는 것은 당연히 필요하며, 특히 초보자의 경우에는 전체적인 내용의 이해를 위해서도 이 과정은 필수적인 것이다. 그러나 어느 정도 공부가 된 후 시험이 가까운 시점에서는 빠짐없이 공부하는 것보다는 “중요한 부분에 집중”하는 것이 훨씬 더 효율적이다. 편저자의 “형법요론”과 “기본강의”가 전자를 위한 것이라면, 본 “문제로 정리하는 기본서”와 이에 대한 “강의”(4월 하순 온라인 개강)는 후자에 중점을 둔 것이다. 본서를 읽을 때에는 항상 기본서를 옆에 두고 본서의 해설만으로는 이해가 안 되거나 좀 더 기억을 되살릴 부분이 있을 경우에는 항상 그 기본서를 펼쳐서 해당 부분을 발췌해서 읽어야 한다 . 이렇게 본서에 담긴 지문 하나하나를 철저하게 소화하고, 다시 수차례 반복한다면 도리어 기본서에 대한 이해도도 더욱 높아 질 것이고, 의외의 문제에 대한 대처능력도 크게 향상될 것이다. (※ 지문 뒤의 ★표는 최근 5년간에 출제된 회수를 의미한다. 중요도 판단에 기준이 될 것이다.) |
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1. 살인의 죄 ······································································································ 3
2. 상해와 폭행의 죄 ··························································································· 10
3. 과실치사상의 죄 ····························································································· 19
4. 낙태의 죄 ······································································································ 24
5. 유기와 학대의 죄 ··························································································· 27
6. 협박의 죄 ······································································································ 31
7. 강요의 죄 ······································································································ 36
8. 체포와 감금의 죄 ··························································································· 40
9. 약취·유인 및 인신매매의 죄 ·············································································· 44
10. 강간과 추행의 죄 ··························································································· 50
11. 명예에 관한 죄 ······························································································ 62
12. 신용·업무와 경매에 관한 죄 ············································································ 79
13. 비밀침해의 죄 ······························································································· 97
14. 주거침입의 죄 ······························································································· 99
15. 재산죄의 기본개념 ························································································ 107
16. 절도의 죄 ···································································································· 122
17. 강도의 죄 ···································································································· 132
18. 사기의 죄 ···································································································· 146
19. 공갈의 죄 ···································································································· 177
20. 횡령의 죄 ···································································································· 183
21. 배임의 죄 ···································································································· 209
22. 장물의 죄 ···································································································· 236
23. 손괴의 죄 ···································································································· 248
24. 권리행사를 방해하는 죄 ················································································ 252
25. 공안을 해하는 죄 ························································································· 260
26. 폭발물에 관한 죄 ························································································· 262
27. 방화와 실화의 죄 ························································································· 264
28. 일수와 수리에 관한 죄 ·················································································· 269
29. 교통방해의 죄 ······························································································ 270
30. 통화에 관한 죄 ···························································································· 273
31. 유가증권·인지와 우표에 관한 죄 ····································································· 277
32. 문서에 관한 죄 ···························································································· 284
33. 인장에 관한 죄 ···························································································· 311
34. 음용수에 관한 죄 ························································································· 313
35. 아편에 관한 죄 ···························································································· 315
36. 성풍속에 관한 죄 ························································································· 316
37. 도박과 복표에 관한 죄 ·················································································· 319
38. 신앙에 관한 죄 ···························································································· 323
39. 내란의 죄 ···································································································· 325
40. 외환의 죄 ···································································································· 329
41. 국기에 관한 죄 ···························································································· 331
42. 국교에 관한 죄 ···························································································· 332
43. 공무원의 직무에 관한 죄 ··············································································· 333
44. 공무방해에 관한 죄 ······················································································ 364
45. 도주와 범인은닉의 죄 ··················································································· 382
46. 위증과 증거인멸의 죄 ··················································································· 390
47. 무고의 죄 ···································································································· 399 |
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