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All-in-one 로스쿨 형사소송법 선택·사례 핵심암기장의 출간도 어언 3판에 이르렀 다. 3판의 출간에 이르러서야 필자는 자신 있게, 필자의 암기장을 중심으로 최종정리 하면 선택형과 사례형, 기록형 모든 영역에서 고득점이 가능하다는 말을 할 수 있게 되었다. 바로 본서 3판이 주관식 파트를 사례암기장의 형태로 전환하였기 때문이다.
필자는 지속적으로 암기장을 출간해오면서도 암기장을 통한 학습에 반대해 온 것이 사실이다. 선택형파트만을 국한하여 본다면, 기본서를 1~2회독 한 경우라면 기존 필자의 암기장만으로도 고득점이 가능하였다. 문제는 주관식파트였다. 단순히 학설, 판례, 검토의 암기만으로는 구체적 사안의 포섭이나 효율적인 답안작성이 쉽지 않기 때문이다. 더욱이 변호사시험은 국가최고시험으로서 높은 난이도의 사례형, 기록형 문제를 자랑하고 있지 않은가? 당위 혹은 이론적 측면에서 바라 보자면, 고득점을 위해서는 기본서와 사례집을 중심으로 심도 있는 학습이 필요 한게 사실이다. 아마도, 대부분의 변호사시험 수험생들은 이러한 사실을 잘 알고 있을 것이다. 그럼에도 불구하고, 많은 학생들이 기본서보다는 암기장과 같은 요약서에 의존하는 것 또한 현실이다. 시간 때문이다.
현행 제도 하에서 충분한 시간을 두고 기본서와 사례집을 독파한다는 것은 모순 되게도 수험적합적이지 않다. 변호사시험은 선택형, 사례형, 기록형으로 구성되어 있다. 사실 형사법 1과목이라고 하지만, 형법과 형사소송법은 엄연히 다른 과목이 고, 선택형과 사례형, 기록형 역시 서로 다른 과목이나 마찬가지이다. 로스쿨 3년 이라는 시간이 있지만, 결국 1년도 안되는 기간에 모든 과목의 선택형, 사례형, 기록형을 정리하고 시험을 치러야 한다. 결국 모든 과목을 얼마만큼 효율적으로 정리하고 빠른 시간에 회독하느냐가 수험의 성패를 가르게 된다.
필자는 오랜 기간 수험시장에서 일하면서, 당위와 현실 사이에서 우왕좌왕 많은 고민을 하였다. 시간부족을 해결하기 위해서는 암기장을 통한 학습이 필요하나, 단순히 학설, 판례, 검토만을 나열한 암기장만으로는 제대로 수험을 대비할 수 없기 때문이다.

본서는 이와 같은 고민을 해결하기 위해 주관식 파트를 전면 사례암기장으로 재구성 하였다. 사례암기장의 반복학습은 실전 문제의 적응력을 혁신적으로 높여줄 수밖에 없다. 대부분의 사례시험이 판례의 사실관계를 바탕으로 구성된다. 본서는 이러한 수험 현실에 주목하여 중요 판례의 사실관계를 바탕으로 문제를 구성하고, 논점별 핵심답안을 작성하는데 주력하였다.
본서의 특징은 다음과 같다.
첫째, 수험생이 어려워하는 법조문문제를 체계적으로 비교정리함으로써, 최소 시간만을 투자하더라도 완벽히 선택형을 대비할 수 있도록 하였다.
둘째, 출제범위까지의 최신판례를 빠짐없이 지문화함으로써 판례집으로서의 기능도 겸하도록 하였다.
셋째, 출제유력한 사례논점들을 중심으로, 모든 테마를 사례문제화하여 압축답안을 구성함으로써 사례적응력에 중점을 두었다. 나아가, 출제가능성이 포은 중요판례의 사실관계를 바탕으로 사례를 구성함으로써 사례암기장의 학습이 선택 형과 기록형 학습에도 혁신적인 도움을 줄 수 있게 되었다.
넷째, 기출논점들을 치밀하게 분석하여 출제유력한 지문과 사례를 중점적으로 배치함으로써 보다 효율적으로 수험에 대비할 수 있게 하였다.
본서가 나오기까지 함께 해준 네오고시뱅크 가족들과 꼼꼼한 편집을 해주신 김동 화님께 감사의 말씀을 전하며 본서의 서문을 마무리하기로 한다.
2020.9.22.
필자 정주형

 

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 제1편 형사소송법 선택형 정리
예제 1 형사소송법 서론 ·········································································································· 8
예제 2 소송주체론 ··············································································································· 13
예제 3 법원의 관할 ············································································································· 18
예제 4 제척·기피·회피 제도 ····························································································· 23
예제 5 변호인제도 ··············································································································· 24
예제 6 소송행위 ·················································································································· 28
예제 7 수사총론 ··················································································································· 34
예제 8 고소·고발·자수 ····································································································· 37
예제 9 임의수사 ·················································································································· 42
예제 10 체포제도 ················································································································· 50
예제 11 구속 ························································································································ 54
예제 12 체포·구속된 자의 석방위한 제도 ············································································ 56
예제 13 압수·수색·검증의 절차 ························································································ 62
예제 14 수사상 증거보전 ······································································································ 73
예제 15 수사의 종결 ············································································································ 75
예제 16 재정신청 ················································································································· 77
예제 17 공소제기 ················································································································· 80
예제 18 공소시효 ················································································································· 86
예제 19 공소장변경의 제문제 ······························································································· 91
예제 20 공판절차 ·············································································································· 101
예제 21 증인신문 ··············································································································· 105
예제 22 이의신청 ··············································································································· 108
예제 23 간이공판절차 ········································································································ 109
예제 24 공판절차의 정지와 갱신 ························································································ 110
예제 25 소송지휘권 ··········································································································· 111
예제 26 국민참여재판 ········································································································ 112
예제 27 자유로운 증명의 대상 ··························································································· 113
예제 28 위수증과 증거동의 ································································································ 114
예제 29 전문법칙 ··············································································································· 115
예제 30 수사기관 작성의 조서 ··························································································· 119
예제 31 제313조 제1항·제2항 ···························································································· 124
예제 32 제314조 ················································································································ 126
예제 33 제315조에 대한 판례의 정리 ················································································· 128
예제 34 제316조에 대한 판례의 정리 ················································································· 129
예제 35 증거동의 ··············································································································· 130
예제 36 탄핵증거 ··············································································································· 132

예제 37 자백의 보강법칙 ··································································································· 134
예제 38 유죄판결에 명시될 이유 ························································································ 136
예제 39 기판력 ·················································································································· 138
예제 40 상소 ····················································································································· 141
예제 41 불이익변경금지의 원칙 ·························································································· 146
예제 42 파기판결의 기속력(법원조직법 제8조) ···································································· 150
예제 43 항소심과 상고심 ··································································································· 151
예제 44 항고 ····················································································································· 155
예제 45 재심 ····················································································································· 159
예제 46 특별소송절차 ········································································································ 163
예제 47 형집행장 ··············································································································· 167
제2편 형사소송법 사례형 정리
예제 48 공소장변경과 필요적 이송 ····················································································· 170
예제 49 성명모용소송과 필요적 변호사건 ··········································································· 173
예제 50 필요적 변호사건에서 무죄가 선고된 경우 ······························································ 177
예제 51 수사와 내사 ·········································································································· 179
예제 52 영장없는 체포와 함정수사 ····················································································· 181
예제 53 신종수사기법-최면수사 ························································································· 183
예제 54 불심검문과 신분증명사례 ······················································································ 185
예제 55 고소취소의 법률관계 ····························································································· 187
예제 56 미성년자의 고소취소와 법정대리인의 동의 ····························································· 189
예제 57 수사상 임의동행 ··································································································· 191
예제 58 통신비밀보호법상 감청 ·························································································· 193
예제 59 변호인의 피의자신문참여권 ··················································································· 197
예제 60 영장없는 신병확보 ······························································································ 199
예제 61 예제 (구속기간의 계산) ·························································································· 201
예제 62 피고인 구속과 사전청문절차(제72조) ······································································ 203
예제 63 변호사의 비닉권과 의뢰인의 특권 ········································································· 206
예제 64 압수·수색의 절차 ································································································ 217
예제 65 소유권포기와 압수물환부청구권 ············································································· 221
예제 66 수사상 가환부 ······································································································ 224
예제 67 압수·수색·검증에 있어 영장주의의 예외 ···························································· 226
예제 68 위법한 압수물의 환부 후 임의제출 ········································································ 229
예제 69 키워드·확장자 검색 후 압수사례 ········································································· 231
예제 70 외국계 이메일 압수·수색사건 ·············································································· 233
예제 71 수사상 증거보전 ···································································································· 235
예제 72 재정신청과 재소자특칙 ·························································································· 238
예제 73 재정신청과 소추금지, 재정결정에 대한 불복 ·························································· 240
예제 74 불평등기소 ············································································································ 244
예제 75 예비적 기재와 재체포의 금지 ················································································ 246
예제 76 공소장일본주의 ····································································································· 249
예제 77 일죄일부의 기소사례 ····························································································· 253
예제 78 공소장변경 ············································································································ 258
예제 79 포괄일죄와 이중기소 ····························································································· 267
예제 80 재판비공개결정이 위법한 경우 ·············································································· 270
예제 81 유도신문, 반대신문결여 하자의 치유 ······································································ 272
예제 82 범죄피해자의 진술보호장치 ··················································································· 275
예제 83 간이공판절차 ········································································································ 277
예제 84 철야신문에 의한 자백 ··························································································· 281
예제 85 전문법칙, 날인이 누락된 영장의 유효성 ································································ 283
예제 86 적법한 절차와 방식에 따라 작성된 조서 ······························································· 290
예제 87 조서의 실질적 진정성립 ························································································ 294
예제 88 진술서의 증거능력 ································································································ 297
예제 89 공범피신조서와 제314조 ························································································ 299
예제 90 제313조 제1항·제2항 진술서 ··············································································· 302
예제 91 진술녹음 ··············································································································· 305
예제 92 사인이 촬영한 현장사진 ························································································ 308
예제 93 비진술증거의 대체물인 사진 ················································································· 311
예제 94 정당한 증언거부권의 행사 ····················································································· 313
예제 95 정당하지 못한 증언거부권의 행사 ········································································· 315
예제 96 제315조 사례 ········································································································ 317
예제 97 공동피고인의 진술에 대한 전문진술 ······································································ 321
예제 98 재전문증거사례 ····································································································· 324
예제 99 피고인과 변호인의 불출석과 증거동의 ··································································· 327
예제 100 탄핵증거 ············································································································· 329
예제 101 공범인 공동피고인의 증인적격 ············································································· 331
예제 102 공동피고인의 법정진술과 자백의 보강법칙 ··························································· 333
예제 103 수첩과 자백의 보강법칙 ······················································································ 335
예제 104 상습범과 기판력의 객관적 범위 ··········································································· 337
예제 105 범칙금납부와 기판력 ··························································································· 340
예제 106 약식명령, 일죄일부의 상소 ·················································································· 343
예제 107 일부상소와 불이익변경금지의 원칙 ······································································· 349
예제 108 소촉법상 재심 ····································································································· 353