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책소개
목차 리뷰 ( 0건 )
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[머 리 말]
본서는 기본적으로 사법시험 1차시험을 대비하기 위하여 만들어진 책입니다. 한편 변호사시험의 선택형문제의 경우 아직 그 난이도가 사법시험에 미치지 못하고 있는바 본서를 잘 활용한다면 변호사시험에서도 다른 수험생들보다 비교우위에 설 수 있을 것입니다.
수험생들이 실제 시험장에서 가장 쉽게 느끼는 문제 유형은 단순히 판례요지를 나열해 둔 유형의 문제들입니다. 반면 수험생들이 실제 시험장에서 어렵게 느끼는 문제는 ‘甲, 乙, 丙, 丁, 戊’ 등 권리의 주체가 여러 명 나오고, ‘X건물, Y토지’ 등 권리의 객체가 여러 개 나오고, ‘2013년 8월 8일 오전 10시’ 등 날짜가 나오고, ‘원금 1억원에 월이자 2.5%’ 등 금액계산이 복합적으로 얽혀 있는 문제입니다. 이러한 문제는 특히 시간의 압박 하에서 접하게 된다면 ‘멘탈 붕괴’상태에 직면하게 하여 다른 문제의 풀이에도 치명적인 영향을 끼치게 되는 것입니다.
결국 사법시험 1차시험의 관건은 민법에 있고, 민법의 관건은 복잡한 사례형 문제를 얼마나 신속하고 정확하게 풀어낼 수 있느냐에 달려있습니다. 이러한 문제의식에 터잡아 2014년판 700제 민법은 사례문제강화에 중점을 두었습니다. 실전에 앞서 미리 사례형 문제를 많이 접해보고 그 풀이법을 체득하는 것이 무엇보다 중요한 수험대비전략이기 때문입니다.
본서는 상당부분이 사례문제로 구성되어 있고 판례요지 나열형의 문제는 사례문제를 풀기 위한 warm-up문제 정도로 보시면 됩니다. 실제시험에서는 사례문제가 50%안팎으로 출제되는 것에 비해 본서에서는 그 비중이 높기 때문에 초심자에게는 다소 어렵게 느껴질 수도 있을 것입니다. 또한 교수출제문제가 70% 정도를 차지하고 있고, 기출문제는 사례형문제만 추출하여 전체의 30% 정도의 분량으로 수록하였습니다. 이미 기출문제를 풀어보신 수험생들은 다시 한번 확인해 보는 계기로 삼으면 될 것입니다.
본서는 문제와 해설을 분리하지 않고, 문제 아래에 바로 해설을 배치하여 편집하였습니다. 전자의 방식이든 후자의 방식이든 각각 장점과 단점이 있을 수 있으나, 후자의 방식은 문제를 풀고 부족한 부분을 바로 체크해 볼 수 있어 편리하고, 효율적인 학습에 도움이 될 것입니다. 나아가 부족한 실전감각은 실전과 유사한 방식의 전범위모의고사를 통해 키울 수 있을 것입니다. 한편 본서의 제목은 700제이나 문제의 수가 700문제인 것은 아닙니다. 기존의 문제 중 지나치게 이론적인 문제나 현재의 수험경향에 맞지 않는 문제는 모두 삭제하였기 때문입니다.
2013년 7월 1일 시행되는 개정법의 개정이유와 개정조문을 모두 수록하였습니다. 특히, 개정조문뿐만 아니라 개정전 조문을 넣어 신구조문을 비교하기 쉽게 편집하였으며, 개정조문에서 바뀐 부분을 밑줄로 표기하여 이해와 가독성을 높였습니다.
판례는 2013년 6월말을 기준으로 최신화하였습니다. 민법의 경우 헌법과 형법에 비하여 상대적으로 최신판례의 비중이 높지는 않으나 결론이 특이한 판례나 전원합의체판결의 경우에는 반드시 대비를 하여야 합니다. 특히 2014년판의 경우 최근 3년 동안의 문제화 될 수 있는 모든 전원합의체판례와 대법원판례를 문제에 반영하였으며, 추록으로 문제화된 최신판례를 따로 편집하여 최신판례를 한눈에 파악할 수 있도록 하였습니다.
2014년판을 준비하는 과정에서는 전체적으로 문제를 다시 선별하고 새로운 문제와 최신판례를 반영하여 전면 개정판에 버금가는 방대한 작업을 진행하였습니다. 기존의 ○×지문은 전부 삭제하였고, 기존의 오타나 오기 및 해설의 오류는 대부분 바로 잡았습니다. 이로써 명실상부한 기본문제집으로서의 모습을 갖추게 된 것입니다.
마지막으로 본서를 만드는데 있어서 문제를 출제해 주신 여러 출제위원교수님들께 깊은 감사의 말씀을 드리며, 본서가 수험생 여러분에게 작으나마 도움이 되기를 기원합니다.
2013년 7월
법률저널 편집부
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1편 형법총칙 / 9
제1절 형법의 기본개념·································································· ⦁ 10
제2절 죄형법정주의···································································· ⦁ 10
제3절 형법의 적용범위·································································· ⦁ 22
제4절 형법이론········································································ ⦁ 31
2편 범죄론 / 35
제1장 범죄의 개념 / 36
제1절 범죄의 의의와 종류································································ ⦁ 36
제2절 행위론········································································· ⦁ 38
제3절 행위의 주체····································································· ⦁ 42
제2장 구성요건 / 53
제1절 구성요건이론····································································· ⦁ 53
제2절 행위반가치와 결과반가치···························································· ⦁ 59
제3절 부작위범········································································ ⦁ 61
제4절 인과관계와 객관적 귀속···························································· ⦁ 70
제5절 구성요건적 고의·································································· ⦁ 82
제6절 사실의 착오····································································· ⦁ 90
제7절 과실범········································································ ⦁ 101
제8절 결과적가증범···································································· ⦁ 117
제3장 위법성 / 125
제1절 위법성의 이론··································································· ⦁ 125
제2절 정당방위······································································· ⦁ 134
제3절 긴급피난······································································· ⦁ 142
제4절 자구행위······································································· ⦁ 149
제5절 피해자의 승낙··································································· ⦁ 151
제6절 정당행위······································································· ⦁ 158
제4장 책임론 / 168
제1절 책임이론······································································· ⦁ 168
제2절 책임능력······································································· ⦁ 171
제3절 위법성의 인식··································································· ⦁ 178
제4절 법률의 착오···································································· ⦁ 180
제5절 기대가능성····································································· ⦁ 192
제5장 미수론 / 197
제1절 미수범········································································· ⦁ 197
제2절 중지미수······································································ ⦁ 208
제3절 불능미수······································································· ⦁ 211
제4절 얘비죄········································································ ⦁ 217
제6장 공범론 / 223
제1절 공범이론······································································· ⦁ 223
제2절 간접정범······································································· ⦁ 231
제3절 공동정범······································································ ⦁ 238
제4절 교사범········································································ ⦁ 251
제5절 종범········································································· ⦁ 260
제6절 공범과 신분···································································· ⦁ 294
제7장 죄수론 / 282
제1절 죄수이론······································································· ⦁ 282
제2절 일죄·········································································· ⦁ 283
제3절 수죄·········································································· ⦁ 294
3편 형벌론 / 313
제1절 형벌론········································································· ⦁314
4편 개인적 법익에 대한 죄 / 331
제1장 생명과 신체에 대한 죄 / 324
제1절 살인의 죄······································································ ⦁ 332
제2절 상해와 폭행의죄································································· ⦁ 340
제3절 과실치사상의 죄································································· ⦁ 351
제4절 낙태의 죄······································································ ⦁ 357
제5절 유기와 학대의 죄································································ ⦁ 361
제2장 자유에 대한 죄 / 364
제1절 협박의 죄······································································ ⦁ 364
제2절 체포와 감금의 죄································································ ⦁ 372
제3절 약취와 유인의 죄································································ ⦁ 375
제4절 강요의 죄····································································· ⦁ 380
제5절 강간과 추행의 죄································································ ⦁ 383
제3장 명예와 신용에 대한 죄 / 394
제1절 명예에 관한 죄·································································· ⦁ 394
제2절 신용.업무와 경매에 관한 죄························································ ⦁ 409
제4장 사생활 평온에 대한 죄 / 424
제1절 비밀침해의 죄··································································· ⦁ 424
제2절 주거침입의 죄·································································· ⦁ 426
제5장 재산에 대한 죄 / 439
제1절 재산죄의 기본개념······························································· ⦁ 439
제2절 절도의 죄····································································· ⦁ 450
제3절 강도의 죄······································································ ⦁ 463
제4절 사기의 죄······································································ ⦁ 470
제5절 공갈의 죄····································································· ⦁ 502
제6절 횡령의 죄····································································· ⦁ 504
제7절 배임의 죄······································································ ⦁ 525
제8절 장물의 죄······································································ ⦁ 553
제9절 손괴의 죄······································································ ⦁ 570
제10절 권리행사를 방해하는 죄·························································· ⦁ 575
5편 사회적 법익에 대한 죄 / 585
제1장 공공의 안전과 평온에 대한 죄 / 586
제1절 공안을 해하는 죄································································ ⦁ 586
제2절 폭발물에 관한 죄································································ ⦁ 588
제3절 방화와 실화의 죄································································ ⦁ 590
제4절 일수와 수리에 관한 죄···························································· ⦁ 600
제5절 교통방해의 죄·································································· ⦁ 600
제2장 공공의 신용에 대한 죄 / 604
제1절 통화에 관한 죄·································································· ⦁ 604
제2절 유가증권.우표와 인지에 관한 죄····················································· ⦁ 607
제3절 문서에 관한 죄·································································· ⦁ 618
제4절 인장에 관한 죄·································································· ⦁ 643
제3장 공공의 건강에 대한 죄 / 644
제1절 음용수에 관한 죄································································ ⦁ 644
제2절 아편에 관한 죄·································································· ⦁ 645
제4장 사회의 도덕에 대한 죄 / 647
제1절 성풍속에 관한 죄································································ ⦁ 647
제2절 도박과 복표에 관한 죄···························································· ⦁ 654
제3절 신앙에 관한 죄·································································· ⦁ 659
6편 국가적 법익에 대한 죄 / 663
제1장 국가의 존립과 권위에 대한 죄 / 655
제1절 내란의 죄······································································ ⦁ 664
제2절 외환의 죄······································································ ⦁ 665
제3절 국기에 관한 죄·································································· ⦁ 666
제4절 국교에 관한 죄·································································· ⦁ 666
제2장 국가의 기능에 대한 죄 / 668
제1절 공무원의 직무에 관한 죄··························································· ⦁ 668
제2절 공무방해에 관한 죄······························································ ⦁ 689
제3절 도주와 범인은닉의 죄····························································· ⦁ 695
제4절 위증과 증거인멸의 죄····························································· ⦁ 703
제5절 무고의 죄······································································ ⦁ 712
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