★ 경찰승진/경찰간부 시험의 단문 대비 최적합 전략필독서 ★
★ 2020.2.4 개정 형사소송법을 철저히 반영 ★
★ 정오표 업로드 완료 ([커뮤니티]-[정오표]) ★
두문자 X노트가 출간되지 어언 2년이 되었다. 두문자로 목차를 암기하여 답안을 써야한다는 것은 이 시험이 얼마나 힘든 시험이냐를 방증한다. 고통은 고통대로 즐기면 된다하지만, 실제 이 고통을 경험해보지 않은 사람은 그것이 얼마나 고역스러운 일인지 제대로 이해할 수 없다.
본서는 경찰승진, 경찰간부 시험에서 효과적으로 단문을 대비할 수 있도록 하기 위해 고안한 전략서이다.
누구라도 풍부한 내용을 서술하고 싶지만, 시간과 양이 절대적으로 부족한 것이 현실이다. 글씨 쓰는 속도가 빠른 사람이라도 암기가 제대로 되어 있지 않으면, 많은 양을 써내기 쉽지 않다. 반면, 글씨 속도가 다소 느려도 암기가 확실하면 빠르게 답안을 작성할 수 있다. 본서는 손쉬운 암기와 편안한 서술을 최고의 목표로 잡고 있다. 이에 더하여 고득점의 필수인 키워드 현출에 많은 노력을 경주하였다.
그러나 본서의 서술이 비단 단문만을 대비하기 위해 압축된 것은 아니다. 사례 점수를 잘 맞지 않고서는 고득점을 기대하기는 사실상 불가능하다. 사실, 사례의 서술과 단문의 서술은 다소간 차이가 날 수밖에 없다. 배점이나, 실제 채점 면에서 그러하다. 본서는 그러한 고민을 담아, 단문의 서술이 최대한 사례와 근접하도록 학설, 판례, 검토 부분을 압축하고 정제하는 데에 많은 시간을 투자하였다.
내용면에서도, 2020.2.4. 개정형사소송법을 철저히 반영하였다. 사례의 경우에는 제312조 제1항의 시행시기가 많은 영향을 미칠 수밖에 없다. 그러나, 단문에서는 제312조 제1항이 시행되기 전이라도, 그 내용을 서술할 필요가 있다. 이에 본서는 개정 형사소송법 제312조 제1항을 철저히 적용하여 단문내용을 정비하였다.
본서를 쓰면서 가장 힘들었던 것은 두문자를 만드는 것이었다. 아무 의미도 없는 생(生)두문자를 만든다는 것이 여간 고통스러운 일이 아니었다. 초판에서는 두문자가 다소 생략된 것도 많았고, 목차순으로 되어 있지 않은 것도 존재하였다. 이에 2판에서는 두문자와 목차를 최대한 일치시켰고, 실제 답안을 쓴 것들을 비교하여 실수가 많은 부분, 암기가 잘 되지 않는 부분에 대해 보다 상세히 두문자를 따려 노력하였다. 더하여 출제가능성을 고려하여, 단문별 두문자의 강도도 조절하였다.
본서를 전면 개정하기까지는 많은 현직분들의 눈물과 열정이 곁들여졌다. 조금더 좋은 수험서로 합격기간을 단축 시켜 드리는 일이야말로, 필자가 얻을 수 있는 최고의 훈장은 아닌가싶다. 바쁜 실무 중에서도 직장과 공부, 모든 것들에 최선을 다하시는 그 분들께 경의를 표하며 본서의 서문을 마무리하기로 한다.
2020. 3. 9.
필자 정주형
01 실체진실주의 ············································································································································ 6
02 적정절차원칙 ············································································································································ 8
03 신속한 재판의 원칙 ································································································································ 10
04 피의자의 소송법상 지위와 권리 ·············································································································· 12
05 수사의 의의와 한계 ································································································································ 14
06 인신구속과 인권보장 ······························································································································ 16
07 수사의 조건 ············································································································································ 18
08 함정수사 ················································································································································· 20
09 불심검문 ················································································································································· 22
10 소지품검사 ·············································································································································· 24
11 친고죄의 고소 ········································································································································· 26
12 친고죄의 고소전 수사 ····························································································································· 28
13 고소불가분의 원칙 ·································································································································· 30
14 고소의 취소 ············································································································································ 32
15 고소의 포기 ············································································································································ 34
16 고소와 고발의 이동 ································································································································ 36
17 영장주의 ················································································································································· 38
18 감청(도청) ··············································································································································· 40
19 피의자신문 ·············································································································································· 42
20 진술의 영상녹화 ····································································································································· 44
21 영상녹화물의 증거능력 ··························································································································· 46
22 수사에 대한 사법적 통제 ······················································································································· 48
23 위법수사의 구제 ····································································································································· 50
24 임의 동행 ··············································································································································· 52
25 임의수사의 본질과 한계 ························································································································· 54
26 피의자의 체포와 구속의 요건 ················································································································· 56
27 영장에 의한 체포 ··································································································································· 58
28 긴급체포 ················································································································································· 60
29 긴급체포되어 구속된 자의 수사상 방어권 ······························································································ 62
30 현행범인 체포 ········································································································································ 64
31 구속전피의자심문(영장실질심사) ············································································································· 66
32 체포·구속적부심사제도 ························································································································· 68
33 보증금납입부 피의자석방제도 ················································································································· 70
34 (피고인) 보석 ·········································································································································· 72
35 체포·구속된 피의자의 인권보장제도 ····································································································· 74
36 압수·수색·검증에 있어서 영장주의 예외 ···························································································· 76
37 체포현장에서의 압수·수색·검증 ·········································································································· 80
38 긴급체포시의 압수·수색·검증 ············································································································· 82
39 강제채뇨 ················································································································································· 84
40 강제채혈 ················································································································································· 86
41 수사상 증거보전 ····································································································································· 88
42 공소제기후 수사 ····································································································································· 90
43 공소제기 후 임의수사 ····························································································································· 92
44 거증책임 ················································································································································· 94
45 거증책임의 전환 ····································································································································· 96
46 자유심증주의의 예외 ······························································································································ 98
47 약속에 의한 자백 ·································································································································· 100
48 독수과실이론 ········································································································································ 102
49 검사작성 피신조서 ································································································································ 104
50 사경작성 피신조서 ································································································································ 106
51 진술조서 ··············································································································································· 108
52 제313조 제1항·제2항의 진술서 ············································································································ 110
53 진술서의 증거능력 ································································································································ 112
54 수사기관 작성 검증조서 ························································································································ 114
55 감정서 ················································································································································· 116
56 당연히 증거능력있는 서류 ···················································································································· 118
57 전문진술의 증거능력 ····························································································································· 120
58 조사자증언 ············································································································································ 122
59 사진의 증거능력 ··································································································································· 124
60 비밀사진촬영 ········································································································································ 126
61 거짓말탐지기검사의 증거능력 ··············································································································· 128
62 당사자의 동의와 증거능력 ···················································································································· 130
63 탄핵증거 ··············································································································································· 132
64 자백의 보강법칙 ··································································································································· 134
65 공범자 자백 ·········································································································································· 136
66 공판조서의 배타적 증명력 ···················································································································· 138
67 검사와 사법경찰관리와의 관계 ············································································································· 140
68 무죄추정의 원칙 ··································································································································· 142
69 진술거부권의 효과 ································································································································ 144
70 국선변호인 ············································································································································ 146
71 피의자와 피고인의 접견교통권 ·············································································································· 148
72 공소권남용 ············································································································································ 150
73 불기소처분 ············································································································································ 152
74 기소독점주의 ········································································································································· 154
75 공소취소 ··············································································································································· 156
76 재정신청 ··············································································································································· 158
77 공소장일본주의 ····································································································································· 160
78 간이공판절차 ········································································································································· 162
79 참고인과 증인의 지위비교 ···················································································································· 164
80 수사상 준항고(제417조) ························································································································ 166
81 약식절차 ················································································································································ 168
