■ 책 소개 ■
2025년 하반기 최신기출문제
1. 하반기 최신 기출문제에 대한 상세한 해설
본서는 2025년 6월부터 2025년 11월까지 사이에 치러진 여러 국가시험 문제를 기본서의 순서에 맞추어 체계적으로 배열하고 해설을 붙인 자료이다. 수록된 문제는 2025년 법원9급, 해경(순경 및 학과), 형사법능력평가, 경위공채, 순경공채(2차), 경력경채, 국가직7급, 해경 경위공채, 경찰대편입시험의 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
※ 수록시험 ※
● 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>
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형 법 총 론
1. 죄형법정주의 ············································ 3
2. 형법의 시간적 적용범위 ························ 10
3. 형법의 장소적 적용범위 ························ 14
4. 범죄의 의의·종류 ································· 16
5. 행위의 주체와 객체 ······························· 18
6. 부작위범 ·················································· 20
7. 인과관계와 객관적 귀속 ······················· 25
8. 구성요건적 고의 ····································· 31
9. 구성요건적 착오 ····································· 32
10. 과실범 ··················································· 35
11. 결과적 가중범 ······································ 39
12. 위법성의 일반이론 ······························ 46
13. 정당방위 ··············································· 47
14. 긴급피난 ··············································· 50
15. 자구행위 ··············································· 52
16. 피해자의 승낙 ······································ 54
17. 정당행위 ··············································· 56
18. 책임의 일반이론 ·································· 59
19. 책임능력 ··············································· 62
20. 위법성의 인식과 금지착오 ················· 64
21. 기대가능성 ············································ 72
22. 미수범의 일반이론 ······························ 75
23. 장애미수 ··············································· 77
24. 중지미수 ················································ 81
25. 불능미수 ··············································· 83
26. 예비죄 ··················································· 85
27. 정범·공범의 일반이론 ······················· 86
28. 간접정범 ··············································· 87
29. 공동정범 ··············································· 90
30. 교사범 ··················································· 94
31. 종 범 ····················································· 95
32. 공범과 신분 ·········································· 97
33. 일 죄 ··················································· 101
34. 수 죄 ··················································· 104
35. 형벌의 종류 ········································ 108
36. 누 범 ··················································· 112
37. 집행유예·선고유예·가석방 ············ 114
형 법 각 론
1. 살인의 죄 ············································· 119
2. 상해와 폭행의 죄 ································ 122
3. 과실치사상의 죄 ·································· 127
4. 유기와 학대의 죄 ································ 131
5. 협박의 죄 ············································· 133
6. 강요의 죄 ············································· 135
7. 체포와 감금의 죄 ································ 138
8. 약취·유인 및 인신매매의 죄 ··········· 140
9. 강간과 추행의 죄 ······························· 144
10. 명예에 관한 죄 ································· 152
11. 신용·업무와 경매에 관한 죄 ········ 158
12. 주거침입의 죄 ··································· 163
13. 재산죄의 기본개념 ··························· 169
14. 절도의 죄 ·········································· 172
15. 강도의 죄 ·········································· 178
16. 사기의 죄 ··········································· 181
17. 공갈의 죄 ············································ 188
18. 횡령의 죄 ············································ 189
19. 배임의 죄 ··········································· 194
20. 장물의 죄 ··········································· 202
21. 손괴의 죄 ··········································· 203
22. 권리행사를 방해하는 죄 ·················· 206
23. 공안을 해하는 죄 ······························ 209
24. 방화와 실화의 죄 ······························· 211
25. 교통방해의 죄 ···································· 213
26. 문서에 관한 죄 ·································· 215
27. 성풍속에 관한 죄 ······························ 223
28. 공무원의 직무에 관한 죄 ················· 225
29. 공무방해에 관한 죄 ·························· 232
30. 도주와 범인은닉의 죄 ······················ 239
31. 위증과 증거인멸의 죄 ······················· 241
32. 무고의 죄 ··········································· 244
수 사 와 증 거
1. 수사의 기본개념 ·································· 253
2. 수사의 개시 ········································· 259
3. 수사의 방법 ········································· 270
4. 대인적 강제수사 ·································· 274
5. 대물적 강제수사 ·································· 295
6. 수사상의 증거보전 ······························ 320
7. 수사의 종결 ········································· 322
8. 증거의 기본개념 ·································· 327
9. 증명의 기본원칙 ·································· 328
10. 위법수집증거배제법칙 ······················ 335
11. 자백배제법칙 ····································· 344
12. 전문법칙 ············································ 346
13. 당사자의 동의와 증거능력 ·············· 356
14. 탄핵증거 ············································ 358
15. 자백보강법칙 ····································· 360
16. 공판조서의 증명력 ··························· 363
주문 안내