도서 소개

최신 5개년 변호사시험과 3개년 법전협 모의고사의 핵심 지문을 엄선하여 수록했다. 형사법 선택형에 필요한 모든 출제 포인트를 단 한 권으로 완벽하게 정리할 수 있다. 정지문에 표시된 핵심 키워드는 선택형에서 정오를 가르는 결정적 단서이자, 논술형 실전 답안에 활용 가능한 득점 포인트다. 이를 기반으로 선택형과 논술형을 동시에 대비할 수 있도록 설계되었다.

  출판사 리뷰

“수험 효율 극대화 & 형사법 상위권, TRS 수험전략을 한 권에!”

① 최신 5개년 변호사시험 판례⋅모의고사 지문 총정리 – 단 한 권으로 형사법 선택형
최신 5개년 변호사시험과 3개년 법전협 모의고사의 핵심 지문을 엄선하여 수록했습니다.
형사법 선택형에 필요한 모든 출제 포인트를 단 한 권으로 완벽하게 정리할 수 있습니다.

② 답을 가르는 핵심 키워드가 표시된 정지문, 논술형에 현출할 키워드까지 대비 가능한 교재
정지문에 표시된 핵심 키워드는 선택형에서 정오를 가르는 결정적 단서이자, 논술형 실전 답안에 활용 가능한 득점 포인트입니다. 이를 기반으로 선택형과 논술형을 동시에 대비할 수 있도록 설계되었습니다.

③ 2시간 전 범위 회독 & 전략적인 수험 운용이 가능한 교재
TRS 3단계 연상학습법으로 2시간 내 전 범위 회독이 가능합니다. 본 교재를 활용해 변호사시험 1일 차 종료 시각인 19시부터 2시간 내에 형사법 선택형 전 범위를 복습하고, 2일 차 시험 직전에도 2시간 내 다시 한번 복습할 수 있는 전략적인 수험 운영이 가능합니다. 이를 통해 형사법 선택형뿐 아니라 기록형과 사례형까지 안정적인 시간 관리와 고득점을 동시에 달성할 수 있습니다.

  작가 소개

지은이 : 랩스탠다드 연구소
“세상의 올바른 기준을 생각하고 연구합니다”랩스탠다드 연구소는 효율적인 수험 컨텐츠를 전문적으로 연구하는 ㈜랩스탠다드의 기업부설연구소입니다.경력 10년 이상의 분야별 전문 연구 인력 및 출제진을 보유하고 있으며, 연세대, 고려대, 성균관대, 한양대, 서강대, 이화여대 등 국내 11개 대학과 PSAT 전국모의고사, 대학별 고시반 입실 시험, PSAT·LEET 맞춤형 컨설팅 등 파트너십을 유지하고 있습니다.수험생들과 함께하는 모든 경험과 피드백은 매년 랩스탠다드가 새롭게 선보이는 교재, 모의고사 등 학습 콘텐츠를 위한 연구 과정에 고스란히 반영됩니다. Trendy PSAT, 수험생의 진실된 노력이 합격으로 이어지도록 랩스탠다드는 올바른 기준을 세울 수 있는 콘텐츠를 연구합니다.

지은이 : 김지수
1) 약력- 한양대학교 경제금융학부- 아주대학교 법학전문대학원(13기)- 제13회 변호사시험 합격- 법무법인 대진 소속 변호사- 랩스탠다드 변호사시험 형사법 전임2) 저서- TRS 형사법 정지문- TRS 형사법 핵심지문 총정리- TRS 형사법 쟁점답안지3) 주요강의- 변호사시험 형사법 정지문 총정리- 변호사시험 형사법 쟁점답안지

  목차

제 1 편 | 형법총론
제 1 장 | 형법의 기초 14
Ⅰ. 죄형법정주의 ···················································································································································· 14
Ⅱ. 형법의 시간적 적용범위 ································································································································ 19
Ⅲ. 형법의 장소적·인적 적용범위 ······················································································································ 21
제 2 장 | 범죄론 일반 23
Ⅰ. 범죄의 주체 ······················································································································································· 23
제 3 장 | 구성요건론 24
Ⅰ. 인과관계 ····························································································································································· 24
Ⅱ. 고의범 ·································································································································································· 25
Ⅲ. 과실범 ·································································································································································· 28
Ⅳ. 결과적 가중범 ··················································································································································· 29
Ⅴ. 부작위범 ····························································································································································· 31
제 4 장 | 위법성론 37
Ⅰ. 위법성 이론 ······················································································································································· 37
Ⅱ. 정당방위 ····························································································································································· 37
Ⅲ. 긴급피난 ····························································································································································· 39
Ⅳ. 자구행위 ····························································································································································· 39
Ⅴ. 피해자의 승낙 ··················································································································································· 39
Ⅵ. 정당행위 ····························································································································································· 41
제 5 장 | 책임론 44
Ⅰ. 책임능력 ····························································································································································· 44
Ⅱ. 위법성의 인식 ··················································································································································· 48
Ⅲ. 기대가능성 ························································································································································· 51
제 6 장 | 미수론 53
Ⅰ. 미수이론 ····························································································································································· 53
Ⅱ. 장애미수······························································································································································· 53
Ⅲ. 중지미수 ····························································································································································· 54
Ⅳ. 불능미수 ····························································································································································· 55
Ⅴ. 예비·음모죄 ······················································································································································· 57
제 7 장 | 공범론 58
Ⅰ. 정범과 공범의 기초이론 ································································································································ 58
Ⅱ. 공동정범······························································································································································· 60
Ⅲ. 간접정범 ····························································································································································· 63
Ⅳ. 교사범 ·································································································································································· 64
Ⅴ. 방조범 ·································································································································································· 66
Ⅵ. 공범과 신분 ······················································································································································· 68
제 8 장 | 죄수론 71
Ⅰ. 죄수 일반이론 ··················································································································································· 71
Ⅱ. 일죄 ······································································································································································· 71
Ⅲ. 수죄 ······································································································································································ 72
제 9 장 | 형벌론 74
Ⅰ. 형벌의 종류 ······················································································································································· 74
Ⅱ. 형의 양정 ···························································································································································· 77
Ⅲ. 선고유예·집행유예·가석방 ··························································································································· 79
제 10 장 | 보안처분 81

제 2 편 | 개인적 법익에 대한 죄
제 1 장 | 생명신체에 대한 죄 84
Ⅰ. 살인의 죄 ···························································································································································· 84
Ⅱ. 상해와 폭행의 죄 ············································································································································· 85
Ⅲ. 과실치사상의 죄 ··············································································································································· 87
Ⅳ. 낙태의 죄 ···························································································································································· 89
Ⅴ. 유기와 학대의 죄 ············································································································································· 90
제 2 장 | 자유에 대한 죄 91
Ⅰ. 협박죄 ·································································································································································· 91
Ⅱ. 강요죄 ·································································································································································· 92
Ⅲ. 체포와 감금의 죄 ············································································································································· 94
Ⅳ. 약취, 유인 및 인신매매의 죄 ······················································································································· 94
Ⅴ. 강간과 추행의 죄 ············································································································································· 96
제 3 장 | 명예와 신용에 대한 죄 101
Ⅰ. 명예에 관한 죄 ················································································································································ 101
Ⅱ. 신용·업무와 경매에 관한 죄 ······················································································································· 109
제 4 장 | 사생활의 평온에 대한 죄 116
Ⅰ. 주거침입의 죄 ················································································································································· 116
제 5 장 | 재산에 대한 죄 122
Ⅰ. 절도의 죄 ·························································································································································· 122
Ⅱ. 강도의 죄 ·························································································································································· 128
Ⅲ. 사기의 죄 ·························································································································································· 135
Ⅲ-2. 신용카드, 직불카드, 예금통장 등 관련 범죄 ··················································································· 145
Ⅳ. 공갈의 죄··························································································································································· 149
Ⅴ. 횡령의 죄··························································································································································· 150
Ⅴ-2. 보이스피싱 관련 범죄······························································································································ 159
Ⅵ. 배임의 죄··························································································································································· 161
Ⅶ. 장물에 관한 죄················································································································································· 172
Ⅷ. 손괴의 죄··························································································································································· 174
Ⅸ. 권리행사방해의 죄·········································································································································· 176
Ⅹ. 친족상도례 ························································································································································ 178

제 3 편 | 사회적 법익에 대한 죄
제 1 장 | 공공의 안전과 평온에 대한 죄 182
Ⅰ. 범죄단체 등 조직죄 ······································································································································· 182
Ⅱ. 방화와 실화의 죄 ··········································································································································· 183
제 2 장 | 공공의 신용에 대한 죄 187
Ⅰ. 통화에 관한 죄 ················································································································································ 187
Ⅱ. 유가증권에 관한 죄 ······································································································································· 188
Ⅲ. 문서에 관한 죄 ················································································································································ 189
제 3 장 | 사회의 도덕에 대한 죄 201
Ⅰ. 성풍속에 관한 죄 ··········································································································································· 201
Ⅱ. 도박과 복표에 관한 죄 ································································································································· 201
Ⅲ. 신앙에 관한 죄 ················································································································································ 201

제 4 편 | 국가적 법익에 대한 죄
제 1 장 | 국가의 존립에 대한 죄 204
제 2 장 | 국가의 기능에 대한 죄 206
Ⅰ. 공무원의 직무에 관한 죄 ····························································································································· 206
Ⅱ. 공무방해에 관한 죄 ······································································································································· 217
Ⅲ. 도주와 범인은닉의 죄 ·································································································································· 222
Ⅳ. 위증과 증거인멸의 죄 ·································································································································· 224
Ⅴ. 무고의 죄 ·························································································································································· 229

제 5 편 | 형사소송법 서론
제 1 장 | 서론 236
제 2 장 | 소송의 주체 237
Ⅰ. 법원 ···································································································································································· 237
Ⅱ. 검사 ···································································································································································· 241
Ⅲ. 피고인 ································································································································································ 242
Ⅳ. 변호인 ································································································································································ 243
제 3 장 | 소송행위와 소송조건 249

제 6 편 | 수사
제 1 장 | 수사의 기초와 임의수사 254
Ⅰ. 수사의 기초 ····················································································································································· 254
Ⅱ. 수사의 단서와 조건 ······································································································································· 255
Ⅲ. 임의수사 ··························································································································································· 264
제 2 장 | 강제수사와 강제처분 268
Ⅰ. 대인적 강제처분 ············································································································································· 268
Ⅱ. 대물적 강제처분 ············································································································································· 279
Ⅲ. 증거보전과 수사상 증인신문 ····················································································································· 297
제 3 장 | 수사의 종결 299
Ⅰ. 공소제기 후의 수사제한 ······························································································································ 299
Ⅱ. 재정신청 ··························································································································································· 299

제 7 편 | 공소와 심판대상
제 1 장 | 공소의 제기 304
Ⅰ. 공소의 기초 - 공소권이론과 공소권남용이론······················································································· 304
Ⅱ. 공소제기의 방식 ············································································································································· 305
Ⅲ. 공소시효 ··························································································································································· 308
제 2 장 | 심판의 대상 315
Ⅰ. 공소장변경 ························································································································································ 315

제 8 편 | 공판
제 1 장 | 공판절차 322
Ⅰ. 공판의 기초와 준비········································································································································ 322
Ⅱ. 공판기일의 절차 ············································································································································· 322
Ⅲ. 증거조사의 실시 ············································································································································· 326
Ⅳ. 공판절차의 특수문제 ···································································································································· 331
Ⅴ. 국민참여재판 ·················································································································································· 334
제 2 장 | 증거 336
Ⅰ. 증거법의 기초 ·················································································································································· 336
Ⅱ. 증거법의 기본원칙 ········································································································································ 337
Ⅲ. 위법수집증거배제법칙 ·································································································································· 339
Ⅳ. 자백배제법칙 ·················································································································································· 342
Ⅴ. 전문법칙 ··························································································································································· 344
Ⅵ. 증거동의 ··························································································································································· 363
Ⅶ. 탄핵증거 ··························································································································································· 365
Ⅷ. 자백보강법칙 ·················································································································································· 365
Ⅸ. 공판조서의 배타적 증명력 ·························································································································· 367
제 3 장 | 재판 369
Ⅰ. 재판의 기본개념·············································································································································· 369
Ⅱ. 종국재판 ··························································································································································· 370
Ⅲ. 재판의 확정과 효력 ······································································································································· 374

제 9 편 | 상소와 특별절차
제 1 장 | 상소 380
Ⅰ. 상소통칙 ··························································································································································· 380
Ⅱ. 상소각칙 ··························································································································································· 387
제 2 장 | 비상구제절차·특별절차 및 형의 집행 393
Ⅰ. 비상구제절차···················································································································································· 393
Ⅱ. 특별절차 ··························································································································································· 402
Ⅲ. 재판의 집행과 형사보상 ······························································································································ 405

제 10 편 | 특별형법
제 1 장 | 도로교통법 등 408
제 2 장 | 폭력행위처벌법 414
제 3 장 | 성폭력처벌법, 청소년성보호법 등 415
제 4 장 | 특정범죄가중법 423
제 5 장 | 특정경제범죄법 424
제 6 장 | 통신비밀보호법 425
부록 키워드 쟁점명 ····································································································································· 427

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