2023년도 경정승진시험에서는 전자정보의 압수·수색과 사법경찰관의 불송치결정권이 출제되었다.
이는 수험교재에 내용이 있는지 없는지를 불문하고 중요한 쟁점에 대해서는 출제하겠다는 강력한 의사가 표현된 것으로 볼 수 있다.
2022.5.9. 이른바 검수완박의 검찰청법과 형사소송법의 개정이 있고, 실무에서는 책임수사의 원칙이 강조되고 있다. 최근 경정급과 경감급의 승진인원은 줄어든 반면에 경쟁률은 점점 치솟고, 체계적인 학습을 하는 실무가분들이 대폭 늘었다.
아마도, 승진시험의 특성상 짧은 기간에 채점을 하여야 한다는 부담감에 쉽사리 쓰기 어려운 단문들과 사례 문제를 출제한 것으로 보인다.
이제는 경찰승진시험의 단문이 단순히 달달 암기함으로써 끝날 것 같지 않다. 소수의 답안을 선별해서 해당 답안에 정밀채점을 진행한다는 것은 채점의 정밀도가 높아간다는 의미이기도 하다. 따라서, 승진시험을 준비 하시는 입장에서는 단지 양만을 채운다고 생각해서는 안되고 학리에 맞는 내용을 서술해야만 합격할 수 있다는 점을 명심할 필요가 있다.
본서는 요약서이기는 하지만, 내용의 정밀도에 중심을 두고 사례와 단문에 공통되는 핵심요약서술을 지향하고 있다. 따라서 본서의 학습은 단순히 단문을 암기하는 것에 그치지 않고, 서술 그대로 사례에 적용하여 손쉽게 사례를 쓸 수 있는 능력을 배양하는 두 마리의 토끼를 추구하고 있다. 경찰승진시험은 결코 한 마리의 토끼만을 잡아서는 합격할 수 없는 시험이다. 암기와 이해, 단문과 사례 모두가 훌륭한 답안만이 살아 남을수 있는 것이 현실이다.
수정밀채점 하에서는 단지 목차와 내용만을 암기하여 쓰는 답안보다는 목차 아래, 최신판례와 최신의 관심사 들이 잘 드러난 답안이 고득점을 할 수 있다는 점을 본서의 서문을 통하여 지적하여 둔다.
본서가 나오기까지 함께 해준 이종배, 홍민교, 김백선, 노채선님께 감사의 말을 전하고, 본서로 준비하시는 모든 수험생분들이 원하는 목표를 달성하기를 기원하며 본서의 서문을 마무리하기로 한다.
2023. 2. 9.
01 실체진실주의 ·································································································································· 10
02 적정절차원칙 ·································································································································· 12
03 신속한 재판의 원칙 ························································································································ 14
04 피의자의 소송법상 지위와 권리 ····································································································· 16
05 수사의 의의와 한계 ························································································································ 18
06 인신구속과 인권보장 ······················································································································ 20
07 수사의 조건 ···································································································································· 22
08 함정수사 ········································································································································· 24
09 불심검문 ········································································································································ 26
10 소지품검사 ······································································································································ 28
11 친고죄의 고소 ································································································································· 30
12 친고죄의 고소전 수사 ····················································································································· 32
13 고소불가분의 원칙 ·························································································································· 34
14 고소의 취소 ···································································································································· 36
15 고소의 포기 ···································································································································· 38
16 고소와 고발의 이동 ························································································································ 40
17 영장주의 ········································································································································· 42
18 감청(도청) ······································································································································· 44
19 피의자신문 ······································································································································ 46
20 수사상 영상녹화 및 영상녹화물의 증거능력 ·················································································· 48
21 수사상에 대한 사법적 통제 ············································································································ 50
22 위법수사의 구제 ····························································································································· 52
23 임의 동행 ······································································································································· 54
24 임의수사의 본질과 한계 ················································································································· 56
25 피의자의 체포와 구속의 요건 ········································································································ 58
26 영장에 의한 체포 ··························································································································· 60
27 긴급체포 ········································································································································· 62
28 긴급체포되어 구속된 자의 수사상 방어권 ······················································································ 64
29 현행범인 체포 ······························································································································ 66
30 이중구속과 별건구속 ······················································································································ 68
31 구속전피의자심문(영장실질심사) ····································································································· 70
32 체포·구속적부심사제도 ················································································································· 72
33 보증금납입부 피의자석방제도 ········································································································· 74
34 (피고인) 보석 ································································································································· 76
35 체포·구속된 피의자의 인권보장제도 ···························································································· 78
36 압수·수색·검증에 있어서 영장주의 예외 ···················································································· 80
37 체포현장에서의 압수·수색·검증 ·································································································· 84
38 긴급체포시의 압수·수색·검증 ····································································································· 86
39 임의제출물 등의 압수 ···················································································································· 88
40 압수물의 가환부와 환부 ················································································································· 90
41 신체검사 ········································································································································· 92
42 수사상 증거보전 ····························································································································· 94
43 공소제기후 수사 ····························································································································· 96
44 공소제기 후 임의수사 ···················································································································· 98
45 증거재판주의 ································································································································ 100
46 엄격한 증명의 대상 ······················································································································ 102
47 거증책임 ······································································································································· 104
48 거증책임의 전환 ··························································································································· 106
49 자유심증주의와 그 예외 ··············································································································· 108
50 약속에 의한 자백 ·························································································································· 112
51 독수과실이론 ································································································································· 114
52 검사작성 피신조서 ························································································································ 116
53 사경작성 피신조서 ························································································································ 118
54 진술조서 ······································································································································· 120
55 진술서의 증거능력 ························································································································ 122
56 수사기관 작성 검증조서 ··············································································································· 124
57 감정서 ··········································································································································· 126
58 제314조를 논함 ····························································································································· 128
59 당연히 증거능력있는 서류 ··············································································································132
60 전문진술의 증거능력 ······················································································································134
61 조사자증언 ···································································································································· 136
62 사진의 증거능력 ··························································································································· 138
63 비밀촬영사진 ································································································································ 140
64 거짓말탐지기검사의 증거능력 ······································································································· 142
65 탄핵증거 ······································································································································· 144
66 공범자 자백 ·································································································································· 146
67 공판조서의 증거능력과 증명력 ····································································································· 148
68 검사와 사법경찰관리와의 관계 ····································································································· 150
69 국선변호인 ···································································································································· 152
70 변호인의 접견교통권 ···················································································································· 154
71 피의자와 피고인의 접견교통권 ······································································································ 156
72 공소권남용 ···································································································································· 158
73 불기소처분 ···································································································································· 160
74 기소독점주의 ································································································································ 162
75 재정신청 ······································································································································· 164
76 공소장일본주의 ····························································································································· 166
77 간이공판절차 ································································································································· 168
78 증인적격 ······································································································································· 170
79 참고인과 증인의 지위비교 ············································································································ 172
80 증인의 권리와 의무 ······················································································································ 174
81 수사상 준항고(제417조) ················································································································· 176
82 약식절차 ······································································································································· 178
83 즉결심판절차 ································································································································ 180
