본서가 출간되기 전에 DIKE 법원직 사례 형법이 먼저 출간되었다. 오로지 법원직 주관식 시험만을 대비하기 위한 형법 창작사례집으로는 최초로 발매된 것이다. 필자는 형사소송법의 경우도, 오랜 기간 강의의 경험을 축적하여 사례집을 발간하게 되었다. 법원행시, 법무사, 법원사무관승진 등 법원직 형사소송법 사례시험은 최신판례를 중심으로 출제되고 있고, 답안작성 역시 판례에 의할 것을 요구하며, 실제 채점기준도 판례가 중심이 되는 것으로 보인다. 더하여, 답안을 쓰는 양식도 결론과 결론에 이르게 된 이유 순으로 구성되는 등 다른 국가고시와는 현격한 차이를 보이고 있다. 그럼에도 불구하고, 법원직 시험만을 대상으로 한, 사례집이 존재하지 않아 수험생들은 학습에 있어 많은 어려움을 겪는 것이 현실이다. 필자는 다년간의 법원직 강의 경험을 토대로, 실제 고득점이 되는 답안을 바탕으로 법원직 수험현실에 맞추어 사례를 구상하고 답안을 작성하였다. 본서가 출간되기 전에 DIKE 법원직 사례 형법이 먼저 출간되었다. 오로지 법원직 주관식 시험만을 대비하기 위한 형법 창작사례집으로는 최초로 발매된 것이다. 필자는 형사소송법의 경우도, 오랜 기간 강의의 경험을 축적하여 사례집을 발간하게 되었다. 법원행시, 법무사, 법원사무관승진 등 법원직 형사소송법 사례시험은 최신판례를 중심으로 출제되고 있고, 답안작성 역시 판례에 의할 것을 요구하며, 실제 채점기준도 판례가 중심이 되는 것으로 보인다. 더하여, 답안을 쓰는 양식도 결론과 결론에 이르게 된 이유 순으로 구성되는 등 다른 국가고시와는 현격한 차이를 보이고 있다. 그럼에도 불구하고, 법원직 시험만을 대상으로 한, 사례집이 존재하지 않아 수험생들은 학습에 있어 많은 어려움을 겪는 것이 현실이다. 필자는 다년간의 법원직 강의 경험을 토대로, 실제 고득점이 되는 답안을 바탕으로 법원직 수험현실에 맞추어 사례를 구상하고 답안을 작성하였다.
제 1. 공소장변경과 필요적 이송 ··················································································································3
제 2. 필요적 변호와 성명모용소송 ·········································································································5
제 3. 필요국선과 필요적 변호사건 ········································································································9
제 4. 위법한 함정수사의 효과 ··············································································································11
제 5. 통신비밀보호법상 감청 ···············································································································13
제 6. 친고죄의 고소와 고소취소 ··········································································································17
제 7. 불심검문사례 ······························································································································21
제 8. 수갑해제요청과 변호인의 피의자신문참여권 ···············································································25
제 9. 피의자에 대한 신병확보 ·············································································································28
제 10. 현행범 체포 ·······························································································································31
제 11. 체포절차의 적법성 ·····················································································································35
제 12. 피고인 구속과 사전청문절차(제72조) ·························································································39
제 13. 압수·수색의 범위와 변호인의 비닉권 ·······················································································43
제 14. 외국계이메일의 압수와 압수목록의 교부 ····················································································47
제 15. 전자기록의 압수·수색과 키워드·확장자 검색 ··········································································51
제 16. 수사상 가환부 ····························································································································57
제 17. 압수·수색에 있어 영장주의 예외 ······························································································59
제 18. 영장의 유효기간과 임의제출 ······································································································63
제 19. 피의자 아닌 자의 임의제출 ········································································································67
제 20. 재정신청과 재소자특칙, 소추금지효과 ·······················································································71
제 21. 공소제기 후 수사 ·······················································································································77
제 22. 공소시효 ····································································································································79
제 23. 공소장일본주의와 공소권남용 ····································································································83
제 24. 공소장변경과 증거개시결정에 대한 불복 ····················································································87
제 25. 공소장변경신청서 부본을 송달하지 않은 사례 ············································································91
제 26. 축소사실의 심판의무와 증거물인 서면 ·······················································································93
5
제 27. 공소장변경요구 ··························································································································97
제 28. 증인신문 ···································································································································99
제 29. 피고인신문과 결심절차 ············································································································103
제 30. 사인이 촬영한 사진의 증거조사 ·······························································································107
제 31. 날인이 누락된 영장에 의한 압수사례 ·······················································································109
제 32. 전문증거인지가 다투어진 사안 ·································································································111
제 33. 적법한 절차와 방식에 따라 작성된 조서 ··················································································113
제 34. 사경작성 공범피신조서와 양벌규정 ··························································································115
제 35. 전문법칙관련 사례 ···················································································································117
제 36. 전화문답녹취서의 증거능력 ······································································································125
제 37. 정당한 증언거부권의 행사와 제314조 ······················································································127
제 38. 정당하지 못한 증언거부권행사 ·································································································129
제 39. 당연히 증거능력 있는 서류 ······································································································131
제 40. 공동피고인의 진술이 전문된 사례 ···························································································133
제 41. 탄핵증거 사례 ··························································································································135
제 42. 공범인 공동피고인의 법정진술과 증인적격 ···············································································137
제 43. 기판력의 객관적 범위 ··············································································································141
제 44. 범칙금납부와 기판력의 객관적 범위 ························································································143
제 45. 기판력의 시적 범위 ·················································································································145
제 46. 일부상소와 항소권회복 ············································································································147
제 47. 항소심절차 ······························································································································· 151
제 48. 상고이유와 불이익변경금지원칙 ·······························································································155
제 49. 일부상소와 상고이유 제한의 법리 ····························································································159
제 50. 소송촉진특례법상 재심사유 ·····································································································163
제 51. 재심개시의 범위 및 불이익변경금지원칙 ··················································································167
제 52. 제420조 제7호의 재심 ·············································································································171
제 53. 비상상고(형제복지원사건) ········································································································175
제 54. 약식명령과 형종상향금지의 원칙 ·····························································································179
