경찰수사권 독립 및 국가수사본부의 출범과 함께 경찰승진 경정급의 주관식 형사소송법은 전면 교수출제로 전환되었다. 교수출제·교수채점으로의 전환은 사법시험, 변호사시험, 5급공채, 법원행시 등의 기출문제가 출제에 적극 활용된다는 특성이 있다. 그 결과 문제의 난이도는 급상승하게 되고, 다양한 논점을 학리에 맞게 준비하지 않으면 절대 고득점을 받을 수 없는 상황이 초래하였다. 본서는 이와 같은 수험현실에 부응하기 위해 기획된 교재이다.
공부를 처음 시작한 사람이나, 다년간 공부를 한 사람이나 시험을 치르기 직전까지 걱정과 불안감에 잠을 이를 수 없다는 점은 동일하다. 어떠한 문제가 출제될지 도무지 예상할 수 없기 때문이다. 단문시험은 단순암기이기는 하지만, 암기의 숫자를 늘려서 꾸준히 대비한다면 충분히 예상가능한 시험 이기도 하다. 그러나 사례의 경우에는 단순히 사례 문제의 암기의 수를 늘린다고 하여 실력이 급속 도로 상승하지 않는다. 사례문제는 단지 암기가 아니라 내용을 이해할 수 있어야만 답안을 용이하게 작성할 수 있는 성질의 것이기 때문이다. 결국, 당락의 핵심은 사례문제의 대비에 있을 수밖에 없다. 그간, 경찰간부시험이나 경찰승진시험은 관련 수험서에 수록된 사례문제가 거의 흡사하게 출제된 것이 사실이다. 그로 인하여 법학을 제대로 이해하지 못한 사람이라도 많은 양을 암기하면 합격할 수도 있는 시험이었다. 그러나, 바뀐 수험현실에서는 단순암기만으로는 결코 고득점을 획득할 수없게 된다. 본서의 특징은 다음과 같다.
첫째, 교수출제의 바탕이 되는 변호사시험, 사법시험, 법원행시, 5급공채 기출문제 가운데에서 출제 유력한 문제들을 엄선하여 수록하였다.
둘째, 학리와 판례에 맞는 정확한 답안을 작성하였다. 교수출제의 경우 채점기준표도 전문교수진이 작성하게 되므로 학리에 맞지 않는 내용은 점수를 획득할 수 없다는 점을 감안한 것이다.
셋째, 키워드를 중심으로 최대한 서술량을 압축·정리하였다. 구슬이 서말이라도 꿰어야 보배인 법이다. 제한된 시간에 쓸 수 있는 양은 한정될 수밖에 없다. 고득점을 위해서는 키워드를 중심으로 한 압축서술이 필수적이다.
넷째, 최신판례를 철저히 반영하였다. 최근 형사법분야는 판례가 실무와 학계를 선도한다고 평가가 나올 정도로 판례의 중요성이 강조되고 있기 때문이다.
다섯째, 처음부터 끝까지 일관된 서술을 통해 사례학습과정에서 지식의 충돌이 발생하지 않도록 철저히 주의를 기울였다. 검토 역시 판례와 법조문의 문리해석에 충실함으로써 법조문, 판례, 검토, 사안적용이 유기적으로 연결되도록 하였다.
본서의 주된 독자들은 실무가들이다. 형사소송분야의 95%이상을 담당하는 형사법전문가들이 사례를잘 풀지 못한다는 것은 아이러니한 일일 수도 있다. 그러나, 그것은 교재내용이 잘못된 데에서 기인 하는 탓이 크다. 형사법의 최전선에 있는 사람들이 이해하지 못하는 내용이라면, 그것은 분명 형사 법을 제대로 설명하고 있지 않은 것일 수밖에 없다. 모름지기 법이란 하늘이 알고 땅이 알고, 모든 국민이 공감할 수 있어야 하는 것이다. 이와 같은 공감이 본서가 지향하는 최고의 목표라 할 수 있다.
본서가 나오기까지 함께 해준 김백선, 홍민교, 문지수, 이종배 님께 감사의 말씀을 전한다. 무엇보다 실무적인 다양한 쟁점으로 토론하고 함께 공부한 실무가분들은 필자의 훌륭한 스승이 되었다.
본서로 준비하는 모든 수험생들에게 좋은 결과가 있기를 간절히 기원하며 본서의 서문을 마무리 하기로 한다.
2021. 4. 7.
편저자 정주형
Part 1 주요고등고시 기출
◆ 2009년도 제51회 사법시험 2차 제1문 ····································································································3
◆ 2010년도 제52회 사법시험 2차 제1문 ·································································································· 15
◆ 2010년도 제52회 사법시험 2차 제2문의1 ·····························································································27
◆ 2010년도 제52회 사법시험 2차 제2문의2 ····························································································35
◆ 2013년도 제55회 사법시험 2차 제1문 ···································································································41
◆ 2013년도 시행 제2회 변호사시험 사례형 제2문 ·················································································53
◆ 2014년도 시행 제3회 변호사시험 사례형 제2문 ·················································································65
◆ 2014년도 제56회 사법시험 2차 제1문 ··································································································73
◆ 2015년도 제57회 사법시험 2차 제1문 ···································································································81
◆ 2015년도 제57회 사법시험 2차 제2문의1 ·····························································································91
◆ 2016년도 제5회 변호사시험 사례형 1문 ·······························································································99
◆ 2016년도 제5회 변호사시험 사례형 2문 ····························································································· 107
◆ 2017년도 5급공채(행정고시) 1문 ········································································································ 115
◆ 2017년도 제58회 사법시험 2차 제1문 ································································································· 123
◆ 2017년도 제58회 사법시험 2차 제2문의1 ··························································································· 129
◆ 2017년도 제35회 법원행정고등고시 사례형 1문 ················································································· 137
◆ 2018년도 제7회 변호사시험 사례형 1문 ····························································································· 145
◆ 2018년도 제7회 변호사시험 사례형 2문 ····························································································· 153
◆ 2019년도 제8회 변호사시험 사례형 1문 ····························································································· 163
◆ 2019년도 제8회 변호사시험 사례형 2문 ······························································································ 171
◆ 2019년도 5급공채 사례형 1문 ············································································································· 183
◆ 2020년도 제9회 변호사시험 사례형 1문 ····························································································· 193
◆ 2020년도 제9회 변호사시험 사례형 2문 ····························································································203
◆ 2020년도 법원행시 사례형 1문 ············································································································211
◆ 2021년도 제10회 변호사시험 사례형 1문 ····························································································219
◆ 2021년도 제10회 변호사시험 사례형 2문 ····························································································229
Part 2 경찰간부시험
◆ 2009년도 경찰간부후보생채용시험 제1문 ···························································································239
◆ 2010년도 경찰간부후보생채용시험 제1문 ···························································································247
◆ 2011년도 경찰간부후보생채용시험 제1문 ····························································································253
◆ 2012년도 경찰간부후보생채용시험 제1문 ····························································································261
◆ 2013년도 경찰간부후보생채용시험 제1문 ···························································································269
◆ 2014년도 경찰간부후보생채용시험 제1문 ····························································································275
◆ 2015년도 경찰간부후보생채용시험 제1문 ···························································································285
◆ 2016년도 경찰간부후보생채용시험 제1문 ···························································································295
◆ 2017년도 경찰간부후보생채용시험 제1문 ···························································································303
◆ 2018년도 경찰간부후보생채용시험 제1문 ····························································································311
◆ 2019년도 경찰간부후보생채용시험 제1문 ····························································································321
◆ 2020년도 경찰간부후보생채용시험 제1문 ···························································································329
◆ 2021년도 경찰간부후보생채용시험 제1문 ····························································································337
Part 3 경정승진시험
◆ 2006년도 경정승진시험 제1문 ············································································································347
◆ 2007년도 경정승진시험 제1문 ············································································································355
◆ 2008년도 경정승진시험 제1문 ············································································································363
◆ 2009년도 경정승진시험 제1문 ············································································································369
◆ 2010년도 경정승진시험 제1문 ·············································································································377
◆ 2011년도 경정승진시험 제1문 ·············································································································385
◆ 2012년도 경정승진시험 제1문 ·············································································································395
◆ 2012년도 경정승진시험 제2문의2 ·······································································································405
◆ 2013년도 경정승진시험 제1문 ··············································································································411
◆ 2014년도 경정승진시험 제1문 ·············································································································423
◆ 2015년도 경정승진시험 제1문 ·············································································································433
◆ 2016년도 경정승진시험 제1문 ·············································································································443
◆ 2017년도 경정승진시험 제1문 ·············································································································453
◆ 2018년도 경정승진시험 제1문 ·············································································································461
◆ 2019년도 경정승진시험 제1문 ··············································································································471
◆ 2020년도 경정승진시험 제1문 ············································································································479
◆ 2021년도 경정승진시험 제1문 ·············································································································489
