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2025 디케(Dike) 법원직 형법 기출총정리[개정3판]
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2025 디케(Dike) 법원직 형법 기출총정리[개정3판]
10.0
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  • 배송비
    무료배송(우체국택배)
  • 소득공제
    추가 소득공제 가능 도서(자세히 보기)
  • 혜택
    [2025년 7월] 신용카드 무이자할부 이벤트
    [2025년 7월] 신용카드 무이자할부 이벤트 더보기+

    2025년 7월 카드사 무이자 할부 혜택 안내

    EVENT 01. 카드사 무이자 할부

    기간 카드사 할부적용 금액 할부개월 신청방법 비고
    25.07.01
    ~25.07.31
    현대카드 5만원 이상 2~3개월 별도 신청
    없이 적용
    PG업종만 제공
    롯데카드 2~5개월
    국민카드 2~5개월
    신한카드 2~3개월
    삼성카드 2~3개월
    비씨카드 2~5개월
    우리카드 2~5개월
    NH카드 2~6개월
    하나카드 2~5개월
    광주카드 2~7개월

    EVENT 02. 부분 무이자 할부

    기간 카드사 할부개월 고객부담 면제 비고
    25.07.01
    ~25.07.31
    삼성카드 7개월 1~3회차 잔여회차 면제 별도 신청 없이 적용
    11개월 1~5회차
    23개월 1~10회차
    현대카드 10개월 1~5회차 잔여회차 면제 별도 신청 없이 적용
    12개월 1~6회차
    신한카드 7개월 1~3회차 잔여회차 면제 별도 신청 없이 적용
    9개월 1~4회차
    11개월 1~5회차
    23개월 1~10회차
    국민카드 6개월 1~3회차 잔여회차 면제 별도 신청 없이 적용
    10개월 1~5회차
    하나카드 6개월 1~3회차 잔여회차 면제 별도 신청 없이 적용
    10개월 1~4회차
    12개월 1~5회차
    18개월 1~8회차
    BC카드 10개월 1~4회차 잔여회차 면제 별도 신청 없이 적용
    12개월 1~5회차
    우리카드 10개월 1~4회차 잔여회차 면제 별도 신청 없이 적용
    12개월 1~5회차
    NH카드 7개월~10개월 1~3회차 잔여회차 면제 별도 신청 없이 적용
    12개월 1~4회차
    18개월 1~5회차
    24개월 1~6회차

     ■ 유의사항

    수협BC카드의 경우 BC카드 부분무이자 혜택에서 적용 제외됩니다.

    개인사업자/법인/체크/선불/기프트/하이브리드/토스카드/은행계열카드는 적용 대상에서 제외됩니다.
    *은행계열카드 : 카드 전/후면에 BC마크가 없는 카드 (예. 제주 등)

    BC카드 및 NH농협 카드의 경우 사전 신청 고객에 한하여 금액에 따른 부분 무이자 우대 회차 적용됩니다.
    자세한 내용은 카드사 홈페이지 혹은 ARS 문의 바랍니다. ( BC : 1899-5772 / NH농협 : 1644-2009 )

    무이자 할부 결제 시 포인트, 마일리지 등 다른 혜택과 중복 적용 되지 않습니다.

    당사 대표 가맹점이 아닌 직계약(자체) 가맹점, 신규 가맹점 등 일부는 적용 대상에서 제외됩니다.

    PG업종에만 해당하는 무이자로 이 외 업종은 적용 불가 합니다. (제약, 등록금, 도시가스 등)

    하나카드는 PG업종 외 TASF 취급수수료, 환금성(상품권), 학원, 면세점, 보험업종 등의 경우 적용 대상에서 제외됩니다.

    본 행사는 카드사 사정에 따라 변경 또는 중단될 수 있습니다.

  • 저자
  • 출판사
    네오고시뱅크 출판사 다른 교재 보기
  • 발행일
    2024-10-25(교재 판권에 표기된 발행일이며 실제 발행일과 다릅니다)
  • 판형
    190x260/884p
  • ISBN
    9791192930787
    ?
    ISBN이란?
    국제표준도서번호(International Standard Book Number)로서, 국제적으로 표준화된 방법에 따라 전세계에서 생산되는 도서에 부여된 고유번호를 말합니다.
  • 스프링범위
    총론/각론
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★ 2025 디케(Dike) 법원직 형법 기출총정리[개정3판] 미리보기(클릭~!!)

1. 들어가며
본서의 제목 디케(Dike)는 법원의 상징조형물로서 정의의 여신을 의미한다. 필자는 법원직 수험생들의 상징과도 같은 형법 교재를 집필하고 싶었기에 법원직 교재들에는 감히 「Dike」라는 이름을 사용하게 되었음은 이미 밝힌바 있다. 법원직 형법의 특수성을 반영하여, 최대한 적은 시간을 투자하여 시험에 철저히 대비할 수 있는 교재가 되고자 많은 노력을 경주하였다.
2024년 법원직은 형법총론 10문제, 형법각론 15문제가 출제되었다. 이는 2022년과 같은 추세라고 하겠다. 2023년도에 예년처럼 총론이 8문제가 출제된바 있으나, 최근의 모든 국가시험의 추세와 같이 총론의 반영비율이 다소간 증가하였다. 또한 법원직만의 특성이었던 재산죄 8문제의 암묵적 룰도 깨졌다.
본격적인 교수출제(로스쿨 파견교수)로 전환함에 있어 기존의 법원직 시험과는 다소 출제지문의 구성이 달라졌고, 사후적 경합범과 관련하여서는 판례를 실무에 적용하는 문제까지 출제되었다. 이는 법원직 시험도 과거와는 조금 다른 전개가 이루어질 것임을 예상케하는 것으로서,단지 판례의 원문만을 암기하기보다는 판례의 내용을 조금 더 정확히 이해하고 있는지를 평가요소로 삼고 있음을 암시하는 것이기도 하다.
본서는 단지 기존의 흐름을 따라가기보다는 새로운 출제경향을 예측하고 미리 주도적으로 법원직 시험의 흐름을 예측하고 관련 기출문제들을 풀어볼 수 있도록 철저히 시험경향에 맞추어 다른 국가고시의 문제들을 엄선하였다. 이로써 시간부족에 쫓기는 법원직 수험생들이 최대한 효율적으로 기출문제 학습을 할 수 있게끔 하였다.
이는 법원직을 위해 디케 시리즈가 별도로 출간된 첫 번째 이유이자 마지막 이유이기도 하다.


2. 본서의 특징
⑴ 법원직 기출문제를 중심으로 타직렬 최신기출문제를 보완하는 방식의 문제구성
본서는 최근 15개년의 법원직시험과 법원사무관승진시험을 기초로 문제를 구성하였다. 또한 법원행시문제를 중심으로 최근 출제된 변호사시험, 국가직, 경찰간부, 경찰승진, 경찰채용까지 도 법원직 시험의 추세에 맞게 선별·수록함으로써 출제진 구성의 변화에 적극 대처하였다.
⑵ 형법총론문제의 강화
2024년도 법원직 시험에서 형법총론파트의 비중이 늘었음을 감안하여 형법총론부분을 약 40페이지정도 증보하여, 신경향에 철저히 대비할 수 있도록 하였다.
⑶ 최신판례와 개정법령을 반영한 정확하고 풍부한 해설
친족상도례에 대한 헌법재판소의 판시 등 최신 판례와 개정법령을 반영하여, 더 이상 학습이 불필요한 문제는 제거하였고 최신판례와 개정법령에 맞추어 해설을 정비하였다.
⑷ 출제유력한 문제를 빠짐없이 수록
필자가 가장 주안점을 둔 것은 출제유력한 문제들을 빠짐없이 수록하면서도 양을 최소화하는 것이었다. 법원직은 8과목을 준비해야 하므로 자칫 형법문제집의 양이 너무 많으면 다른 과목의 학습에 악영향을 끼칠 수 있다. 이러한 점을 감안하여 변호사시험에서부터 교수출제가 이루어지는 모든 기출문제들 중에서 법원직 유형에 맞고 향후 출제가 가능한 문제들을 최대한
수록하였다.


3. 맺으며
법원직은 8과목을 준비하는 시험이다. 어느 한 과목에 더 투자하는 만큼 다른 과목의 학습시간은 줄어들 수밖에 없다. 본서로 수험을 준비하는 모든 독자들이 좋은 실무가로 거듭나기를 바란다. 끊임없이 노력하고 꿈꾸는 독자들의 삶에 경의를 표하며 본서의 서문을 마무리 하기로 한다.
본서의 출간에 이르는 전과정을 함께해 준 김백선, 이종배, 홍민교, 최의식님과 표지디자인에 힘써준 노채선님에게도 감사드린다.


2024년 10월 21일
필자 정주형

목차
[형법 총론] 
제1편 서론 
제1장|형법의 의의와 성격·····························································································5 
제2장|죄형법정주의······································································································7 
제3장|형법의 적용범위 ··································································································21 
제2편 범죄론 
제1장|범죄의 기본개념 ·································································································37 
제2장|구성요건론 
제1절 범죄의 주체 ·······························································································44 
제2절 부작위범 ····································································································50 
제3절 인과관계와 객관적 귀속이론 ···································································61 
제4절 구성요건적 고의 ·······················································································69 
제5절 구성요건적 착오(사실의 착오) ································································ 76 
제6절 과실범 ········································································································78 
제7절 결과적 가중범 ···························································································89 
제3장|위법성론 
제1절 정당방위 ···································································································100 
제2절 긴급피난 ··································································································· 104 
제3절 자구행위 ···································································································106 
제4절 피해자의 승낙 ·························································································· 109 
제5절 정당행위 ···································································································112 
제6절 위법성 조각사유 종합문제 ·····································································124 
제4장|책임론 
제1절 책임이론과 책임능력 ··············································································· 141 
제2절 위법성의 인식과 법률의 착오 ································································145 
제3절 기대가능성 ·······························································································155 
제5장|미수론 
제1절 예비·음모죄 ····························································································160 
제2절 장애미수 ···································································································169 
제3절 중지미수 ···································································································183 
제4절 불능미수 ··································································································· 189 
제6장| 공범론 
제1절 정범과 공범의 일반이론 ·········································································199 
제2절 공동정범 ··································································································206 
제3절 간접정범 ···································································································218 
제4절 교사범 ······································································································229 
제5절 종범(방조범) ····························································································236 
제6절 공범과 신분 ·····························································································247 
제7장|죄수론 
제1절 일 죄 ········································································································· 257 
제2절 수 죄 ········································································································ 286 
제3편 형벌론 
제1장| 형벌의 종류·········································································································303 
제2장| 형의 양정(양형) ···································································································332 
제3장| 누 범 ···················································································································348 
제4장| 형의 유예제도 ·····································································································354 
제5장| 형의 시효와 소멸 ·································································································374 
제6장| 보안처분··············································································································376 
 
[형법 각론] 
제1편 개인적 법익에 대한 죄 
제1장|생명과 신체에 대한 죄 
제1절 살인의 죄 ································································································383 
제2절 상해와 폭행의 죄 ···················································································385 
제3절 과실치사상의 죄 ······················································································ 391 
제4절 유기와 학대의 죄 ···················································································392 
제2장|자유에 관한 죄 
제1절 협박의 죄 ·································································································395 
제2절 강요의 죄 ································································································400 
제3절 체포와 감금의 죄 ···················································································· 401 
제4절 약취와 유인의 죄 ···················································································405 
제5절 강간과 추행의 죄 ···················································································409 
제3장|명예와 신용에 관한 죄 
제1절 명예에 관한 죄 ························································································428 
제2절 신용·업무와 경매에 관한 죄 ································································ 457 
제4장|사생활의 평온에 관한 죄 ············································································477 
제5장|재산에 대한 죄 
제1절 재산죄 일반론 ·························································································488 
제2절 절도의 죄 ································································································496 
제3절 강도의 죄 ································································································· 506 
제4절 사기의 죄 ·································································································519 
제5절 공갈의 죄 ·································································································557 
제6절 횡령의 죄 ································································································566 
제7절 배임의 죄 ·································································································592 
제8절 장물의 죄 ································································································628 
제9절 손괴의 죄 ·································································································641 
제10절 권리행사를 방해하는 죄 ······································································· 651 
제2편 사회적 법익에 대한 죄 
제1장|공공의 안전과 평온에 대한 죄 
제1절 공안을 해하는 죄 ····················································································679 
제2절 폭발물에 관한 죄 ···················································································682 
제3절 방화와 실화의 죄 ···················································································683 
제4절 일수와 수리에 관한 죄 ··········································································687 
제5절 교통방해의 죄 ·························································································688 
제2장|공공의 건강에 관한 죄 ···············································································693 
제3장|공공의 신용에 관한 죄 
제1절 통화에 관한 죄 ························································································694 
제2절 유가증권 및 우표와 인지에 대한 죄 ·················································· 695 
제3절 문서에 관한 죄 ························································································701 
제4절 인장에 관한 죄 ·······················································································742 
제4장|사회도덕에 대한 죄 
제1절 성풍속을 해하는 죄 ················································································74 
제2절 도박과 복표에 관한 죄 ···········································································747 
제3절 신앙에 관한 죄 ························································································ 754 
제3편 국가적 법익에 대한 죄 
제1장|국가의 존립에 대한 죄 
제1절 내란의 죄 ·································································································757 
제2절 외환의 죄 ································································································· 759 
제3절 국기와 국교에 관한 죄 ··········································································760 
제2장|국가의 기능에 대한 죄 
제1절 공무원의 직무에 관한 죄 ········································································ 761 
제2절 공무방해에 관한 죄 ···············································································804 
제3절 도주와 범인은닉의 죄 ············································································833 
제4절 위증과 증거인멸의 죄 ············································································840 
제5절 무고의 죄 ································································································860

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