2024 Bestlo 통합사례 형사소송법 - 정주형 - 네오고시뱅크

[NeoGosiBank]

□ 도서명 : 2024 Bestlo 통합사례 형사소송법

□ 저 자 : 정 주 형 저

□ 출판사 : 도서출판 네오고시뱅크

□ 크 기 : 200x 270㎜

□ 정 가 : 39,000원

□ 구 성 : 주관식 사례 기본서

□ 페이지 : 453p

□ 출간일 : 2023년 3월 28일

□ ISBN : 979-11-92930-11-4

□ 분 야 : 수험서_경찰승진, 경찰(간부), 변호사시험 등 대비

머리말.pdf

399.15KB

목차.pdf

525.22KB

상세페이지.pdf

3.15MB

1. 머리말
2023년도 형사소송법 주관식 시험에서는 전체 1500여명의 응시자 가운데 약 350여명만이 과락을 통과하는 초유의 상황이 초래되었다. 일반 고등고시의 경우와 마찬가지로 단문은 최소한으로 채점하고 사례형을 중심으로 점수를 부과하는 방식으로 채점이 이루어진 것으로 추정할 수있다.
현재 대법원은 전자기록의 압수·수색절차와 압수·수색에 있어서 관여인의 심문절차를 도입하 고자 하는 형사소송규칙 개정을 추진하고 있다. 시험 난이도의 상승추세를 고려할 때 마냥 형사 소송규칙이 개정될 때까지 사례학습을 손놓고 있을 수 없기에, 필자는 서둘러서 사례교재의 집필을 마무리하였다. 일단, 대법원의 형사소송규칙 개정이 사례와 관련하여서는 영향이 미미할 것으로 예상되지만, 사례서술에 영향을 미치는 경우에는 추후 추록을 통하여 이를 보완하고자 한다.
무엇보다 중요한 것은, 몇 년 전만 해도 학리에 맞든 맞지 않든 경찰승진쪽의 교재에 적힌 수준 에서 답안을 작성하면 적당히 점수를 배점하곤 하였다. 이는 경찰의 법이 검사와 판사, 학자의 법과 다른 초유의 사태를 야기하여 경찰에 대한 신뢰를 현저히 저하시키는 요인이기도 하였다.
모름지기 법이란 하늘이 알고 땅이 알고 모든 국민이 공감하는 것이어야 한다.
필자는 이러한 추세를 감안하여, 대한민국 형사소송법의 최신판례등과 주요국가고시의 기출문제를 반영하였고, 학리에 맞게 모든 답안들을 재정비하는 데에 노력을 경주하였다.

2. 본서의 특징
⑴ 사례순서대로의 학습만으로도 체계적인 답안작성 능력 배양
본서는 내용뿐 아니라 서술순서에 많은 고려를 하였다. 서술 순서의 체계화를 통해, 사례1번부터 차례로 학습을 이어가면 자연스럽게 답안의 작성 능력도 확립될 수 있도록 기획하였다.
⑵ 교수출제·채점에 맞는 고득점 답안구성
교수출제의 경우, 일반고등고시와 마찬가지로 학리가 제대로 서술되어야 하고, 판례의 태도가 정확히 현출되어야 한다. 실무상 수사기관 작성의 영상녹화물이나 수사기관 작성의 녹음테이프는 증거능력을 인정받지 못한다. 그럼에도 불구하고 일부 수험서에서는 증거능력을 인정해야 한다는 서술이 되어 있다.

이러한 서술은 판례에 정면으로 배치되는 것으로, 경찰의 신뢰를 저해하는 답안으로 제대로 점수를 획득할 수 없을 것이다. 본서는 점수를 받을 수 없는 서술을 철저히 배제하고 고득점을 받을 수 있도록 기존 경찰수험서들의 오류를 철저히 바로잡고, 교수출제에 맞추어 정확한 학리와 판례를 소개하였다. 나아가 일부 경찰승진 수험서들이 제대로 서술하지 못하는 제313조 제1항· 제2항 등의 영역에서 교수출제·교수채점 시대하에 고득점을 맞을 수 있도록 답안을 구성하였 다.
⑶ 60개의 사례를 통한 최신논점 총정리
무조건 사례를 늘리는 것이 능사가 아니다. 체계적인 사례연습서를 서술할 자신이 없으면 이것 저것 잡히는 대로 사례문제를 수록할 수밖에 없을 것이다. 필자는 오랜 기간 동안의 강의 경험을 토대로 최소한의 사례를 통해 최신논점을 총정리하고 효율적으로 사례를 학습할 수 있도록 노력을 경주하였다.

3. 맺으며
필자는 15년 이상 경찰승진과 관련하여 교재집필과 강의를 진행하였다. 외부에서 평가하는 경찰과 실제로 필자가 함께 하며 알게 된 경찰의 모습은 많은 차이가 존재한다. 형사소송실무의 최전선에 서도 틈틈이 자기계발을 위해 학습에 매진해온 독자들이야말로 본서가 나올 수 있는 원동력이자 필자의 스승이다. 그들에게 감사와 경의를 표현다.
본서의 출간에 이르는 전과정을 이끌어준 김백선실장, 홍민교팀장, 이종배선생님과 필자와 오랜기간 함께 해준 배형석, 이종금, 남상용이사님, 세련된 표지를 만들어준 노채선님께 감사의 말을 전하며 본서의 서문을 마무리하기로 한다.
2023.3.19.
필자 정주형

Case 1. 구속기간의 계산 ····································································································· 1
Case 2. 범죄용의자 비디오촬영의 적법성 ······································································ 6
Case 3. 함정수사 ················································································································· 12
Case 4. 함정수사, 영장주의의 예외 ··············································································· 19
Case 5. 최면수사, 위법수집증거배제법칙 ····································································· 25
Case 6. 불심검문과 소지품검사의 한계(Ⅰ) ································································· 33
Case 7. 불심검문과 소지품검사의 한계(Ⅱ) ································································· 39
Case 8. 불심검문과 신분증제시의무 ·············································································· 45
Case 9. 체포현장에서의 압수·수색, 변호인의 피의자신문참여권 등 ··················· 53
Case 10. 진술거부권과 변호인의 피의자신문참여권 ····················································· 61
Case 11. 고소전 수사, 고소의 주관적 불가분의 원칙 ················································· 69
Case 12. 고소취소와 고소의 주관적 불가분의 원칙 ···················································· 73
Case 13. 불심검문의 절차와 항소심에서의 고소취소 ·················································· 78
Case 14. 소송조건과 수사, 고소의 추완, 고소의 포기 ··············································· 86
Case 15. 변호인의 피의자신문참여권 ·············································································· 93
Case 16. 미행 후 임의동행과 긴급체포 ·········································································· 98
Case 17. 임의동행의 적법성과 조서의 증거능력 ························································ 106
Case 18. 영장없는 신병확보 수단 및 체포·구속의 위법성을 다투기 위한 제도 112
Case 19. 영장없는 체포, 체포현장에서의 압수 ··························································· 118
Case 20. 별건구속, 여죄수사의 한계 등 ······································································· 124

Case 21. 압수·수색의 절차 ···························································································· 129
Case 22. 전자기록의 압수 ································································································ 140
Case 23. 체포현장 및 긴급체포된 자에 대한 압수·수색 ········································ 150
Case 24. 압수·수색에 있어서의 영장주의의 예외 ···················································· 159
Case 25. 체포현장 및 긴급체포된 자에 대한 압수⋅수색, 강제채뇨 등 ··············· 166
Case 26. 임의제출물 압수, 위법수집증거에 대한 증거동의 ····································· 173
Case 27. 임의제출물의 압수 및 CCTV의 증거능력 ··················································· 181
Case 28. 변호인의 비닉권과 강제채뇨 ·········································································· 189
Case 29. 증인신문 및 증거보전의 청구 ········································································ 196
Case 30. 참고인진술서와 증거보전 ················································································ 202
Case 31. 압수·수색의 절차 및 진술번복조서 ····························································· 211
Case 32. 공소제기 후의 수사 ·························································································· 219
Case 33. 기망과 약속에 의한 자백의 증거능력 ·························································· 226
Case 34. 강요와 철야신문에 의한 자백 ········································································ 233
Case 35. 위수증과 독수과실의 예외이론, 진술거부권 ·············································· 240
Case 36. 위수증과 증거동의, 독수과실의 원칙 ··························································· 247
Case 37. 영장의 집행절차 및 전문법칙 종합 ······························································ 254
Case 38. 피의자신문을 위한 구인과 영상녹화물의 증거능력 ·································· 265
Case 39. 접견교통권을 침해하여 작성한 피신조서 ···················································· 272
Case 40. 피의자신문조서·진술서·조사자증언 ·························································· 280

Case 41. 범죄장소에서의 압수·수색과 조사자증언 ·················································· 286
Case 42. 실황조사서의 증거능력, 거짓말탐지기조사결과의 증거능력 ·················· 296
Case 43. 거짓말탐지기조사결과의 증거능력 ································································ 304
Case 44. 압수·수색의 범위와 정당하지 못한 증언거부 ··········································· 311
Case 45. 비진술증거, 재전문증거, CCTV영상의 증거능력 ······································ 322
Case 46. 피고인의 무단퇴정과 증거동의의 의제 ························································ 331
Case 47. 수첩, 진술녹음, 재전문증거의 증거능력 ····················································· 336
Case 48. 공소제기 후의 수사, 전자기록의 증거능력 ················································ 344
Case 49. 피의자신문조서의 증거능력과 진술녹음의 증거능력 ································ 352
Case 50. 접견교통권 침해와 피신조서의 증거능력, 위법수집증거와 탄핵증거 ·· 360
Case 51. 강제채혈과 실황조사서의 증거능력 ······························································ 367
Case 52. 강제채혈 및 자백의 보강법칙 ········································································ 375
Case 53. 자백의 보강법칙 ································································································ 384
Case 54. 전자기록의 압수와 조사자증언 ······································································ 390
Case 55. 특수매체기록의 증거능력 ················································································ 399
Case 56. 현장녹음, 비진술증거물의 대체물인 사진, 조사자증언 ··························· 407
Case 57. 사경이 긴급체포한 피의자에 대한 검사의 대면조사 등 ·························· 417
Case 58. 탄핵증거 및 법률의견서 ·················································································· 425
Case 59. 공동피고인의 법정진술의 증거능력 ······························································ 431
Case 60. 사진의 증거능력과 재전문증거 ······································································ 438