예약 11/2 문형사 2023년판 범죄학요론 신호진

제목: 2023년판 범죄학요론

출판사: 문형사
저자: 신호진
페이지: 573쪽
가격: 42,000원
발행일: 2022년 11월 2일 (출고가능일 11월 2일)
ISBN: 979-11-6687-082-8

< 서 문 >

2023년판 ?범죄학요론?에 대하여

본 ?범죄학요론?은 2022년에 출간된 ?범죄학 기본서?의 개정판이다.

1. 2022년 기출문제 분석
2022년에 경찰간부후보생시험(경찰간부), 경찰행정 경쟁채용시험(경행경채), 해양경찰간부후보생시험(해경간부)에서 처음으로 "범죄학" 과목에 대한 시험이 실시되었다. 원래 경찰청에서는 분야별 출제비중으로 "범죄학 일반 10%, 범죄원인론 50%, 범죄유형론 10%, 범죄대책론 30%"를 제시하였으나, 위 시험들에서는 이러한 기준이 엄격하게 적용되지는 않았다. 가장 많은 출제비중을 차지하고 있는 부분은 "범죄원인론"으로서 위의 세 시험 모두 50% 이상의 높은 출제비중을 보였다(경찰간부 57.5%, 경행경채 55%, 해경간부 60%). 그런데 시험별로 가장 큰 편차를 보이는 부분은 "범죄대책론"이다(경찰간부 12%, 경행경채 25%, 해경간부 35%). 특히 특별법(예; ?치료감호법?, ?전자장치부착법?, ?범죄피해자 보호법?, ?소년법? 등)의 조문 내용을 묻는 문제가 경찰간부와 경행경채에서는 출제되지 않았으나, 해경간부에서는 8문제(20%)나 출제되었다. 이러한 상황은 앞으로 경찰간부와 경행경채에서도 법령문제가 출제될 가능성이 매우 높다는 것을 보여준다.

2. 2023년판 ?범죄학요론?에서 중점적으로 보완한 내용들
"범죄학"은 법조문이나 판례를 기초로 하지 않기 때문에 그 내용의 범위가 매우 불분명하다. 국내의 범죄학 도서에 실려 있지 않은 처음 보는 학자나 이론이 출제되는 경우도 있고, 법령에서 매우 지엽적인 조문이 출제되는 경우도 있어 수험생들을 당황하게 만든다. 그렇다고 해서 범죄학 관련 국내외의 모든 책과 모든 법령의 조문을 다 공부하는 것도 현실적으로는 불가능하다. 이러한 상황에서 가장 효율적인 대처방법은 기출문제를 통해서 보충하는 방법이다. "범죄학"뿐만 아니라 인접과목으로서 "형사정책"이나 "교정학" 시험은 오래 전부터 시행되어 왔다. "범죄학"은 내용적으로 "형사정책"과 거의 다 겹치며, "교정학"과는 범죄원인론 등 일부가 겹친다. 이에 2023년판 ?범죄학요론?에서는 2000년 이후의 이러한 모든 기출문제를 검토하여 2022년판에서 부족했던 점을 보완하였다. 20여년 정도라면 출제될 수 있는 내용은 이미 거의 다 출제되었다고 볼 수 있다. 따라서 기출된 내용들을 거의 모두 반영한 2023년판 ?범죄학요론?을 충실하게 공부한다면 좋은 점수로 합격하는 데에는 전혀 지장이 없을 것이라고 생각한다. 그리고 여기에 더하여 곧 출간될 문제집인 ?상세해설 객관식 범죄학?을 병행해서 공부한다면 더욱 완벽한 학습이 될 것이다.
2022년 10월 12일
법학박사 신 호 진

< 目 次 >

제1편 범죄학 일반
제1장 범죄학의 의의와 역사
제1절 범죄학의 의의와 특성 ··················································································· 5
[1] 범죄학의 의의 ································································································· 5
Ⅰ. 범죄학의 개념 ·································································································· 5
1. 협의의 범죄학/ 5 2. 광의의 범죄학/ 5
Ⅱ. 인접 학문과의 차이 ·························································································· 5
1. 형법학/ 5 2. 형사정책학/ 6 3. 형사사법학/ 6 4. 피해자학/ 6 5. 형사학/ 6
[2] 범죄학의 특성 ································································································· 7
Ⅰ. 실증주의적 성격 ······························································································· 7
Ⅱ. 종합과학적 성격 ······························································································· 7
제2절 범죄학의 역사 ······························································································ 9
[1] 근대 이전의 범죄 이해 ····················································································· 9
Ⅰ. 초자연적 설명 ·································································································· 9
Ⅱ. 자연주의적 경험론 ···························································································· 9
[2] 근대 이후의 범죄학 ························································································· 9
Ⅰ. 고전학파 ········································································································· 9
Ⅱ. 제도학파 ········································································································ 10
Ⅲ. 실증주의학파 ·································································································· 10
Ⅳ. 사회학파 ········································································································ 11
[3] 현대의 범죄학 ······························································································· 12
Ⅰ. 통합적 경향 ··································································································· 12
Ⅱ. 보수적 경향 ··································································································· 12
Ⅲ. 피해자학의 발전 ····························································································· 12
제2장 범죄학의 연구
제1절 범죄학의 연구목적 ······················································································ 19
[1] 범죄학 연구의 필요성 ····················································································· 19
Ⅰ. 범죄에 대한 공포 ··························································································· 19
Ⅱ. 범죄로 인한 피해 ··························································································· 19
[2] 범죄학 연구의 목적 ························································································ 20
Ⅰ. 범죄현상의 파악 ····························································································· 20
Ⅱ. 범죄원인의 분석 ····························································································· 20
Ⅲ. 범죄대책의 강구 ····························································································· 20
제2절 범죄학의 연구대상 ······················································································ 22
[1] 범죄개념의 다양성 ························································································· 22
Ⅰ. 절대적 범죄개념과 상대적 범죄개념 ·································································· 22
1. 절대적 범죄개념/ 22 2. 상대적 범죄개념/ 22
Ⅱ. 실질적 범죄개념과 형식적 범죄개념 ·································································· 22
1. 실질적 범죄개념/ 22 2. 형식적 범죄개념/ 23
Ⅲ. 개별현상으로서의 범죄와 집단현상으로서의 범죄 ················································ 23
1. 개별현상으로서의 범죄/ 23 2. 집단현상으로서의 범죄/ 23
Ⅳ. 범죄와 일탈행위 ····························································································· 23
1. 일탈행위의 의의/ 23 2. 범죄와의 관계/ 24
[2] 범죄학에서의 범죄개념 ··················································································· 24
Ⅰ. 범죄의 법률적 정의 ························································································ 24
1. 합의론적 관점/ 24 2. 갈등론적 관점/ 24 3. 상호작용론적 관점/ 25
Ⅱ. 범죄의 비법률적 정의 ····················································································· 25
1. 사회-법률적 접근/ 26 2. 비교문화적 접근/ 26 3. 통계적 접근/ 26
4. 인권적 접근/ 26 5. 무정부주의자적 접근/ 26
[3] 범죄화와 비범죄화 ························································································· 27
Ⅰ. 범죄화 ··········································································································· 27
1. 의 의/ 27 2. 범죄화의 정착/ 27 3. 과잉범죄화의 문제/ 27
Ⅱ. 비범죄화 ········································································································ 28
1. 의의 및 유형/ 28 2. 비범죄화의 필요성/ 28 3. 비범죄화 대상범죄/ 29
4. 다이버전/ 29
[4] 범죄자 ···············································&mi