2027 정주형 Bestlo 통합사례 형사소송법 (개정9판) - 하우패스 경찰승진 정주형 교수

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교재명:2027 정주형 Bestlo 통합사례 형사소송법 (개정9판)

페이지: 464p

판형: 190*260

저자: 정주형

출판사: 더나은

정가: 45.000원

isbn:979-11-94158-52-3

발행일:2026-03-25

경찰승진 전문학원 -

하우패스 경찰승진 에서 교재구매 하기

https://police.howpass.net/2023/03.book/list.php

교재특징

1.체계적인 이해를 도모하기 위한 사례순서의 정비

2.교수 출제.정밀 채점을 고려한 정확한 답안구성

3.60개의 사례를 통한 최신논점의 정리 및 사례서술의 근간 마련

1. 머리말
2025년도 경찰승진시험부터는 지방청별 채점제도가 도입됨으로써, 모든 답안지에 대해 정밀채 점이 이루어졌다. 특히나 채점기준표가 세분화되고, 채점위원이 확대됨으로써 단순히 양이 많다 거나 비슷한 내용을 나열한 것만으로는 합격권의 점수를 얻기가 어려워졌다. 반면, 사례를 충실히 학습한 사람들에게는 다소간 객관식이 부족하더라도 합격할 수 있는 결정적 요소가 되었다.
채점결과를 종합적으로 고찰해보면, 단문은 많은 내용을 쓰더라도 충분한 득점을 할 수 없는 반면, 사례의 경우에는 정확하게 답안을 작성하기만 하면 높은 점수를 얻을 수 있다는 점이 확인되었다. 사례야말로 글쓰기에서부터 지식과 사안분석 및 해결능력을 평가할 수 있는 최고의 시험이라는 점을 감안할 때 이러한 채점방식의 변화는 수험실무에 많은 변화를 야기할 수밖에 없다. 단문을 1개 쓰지 않고서도 사례를 충실히 쓴 응시생들이 합격의 주류를 이루는 결과가 나타났다.
주관식 형사소송법은 승진시험의 합격을 가르는 가장 중요한 요소이다. 수사와 증거에 한하여는 변호사시험 기타 어떤 시험보다 최고난이도의 문제를 자랑한다. 최신판례를 바탕으로 한 수준 높은 신작문제가 출제됨으로써 최고의 형사법전문가를 선발하는 시험으로서 부족함이 없다.
2025.10.16.자 판례까지 시험에 반영됨으로써 출제교수진들의 높은 학식과 끊임없는 탐구를 엿볼 수 있는 계기도 되었다.
다시 한번 강조하고자 하는 것은, 몇 년 전만 해도 학리에 맞든 맞지 않든 경찰승진쪽의 교재에 적힌 수준에서 답안을 작성하면 적당히 점수를 배점하곤 하였다. 이는 경찰의 법이 검사와 판사, 학자의 법과 다른 초유의 사태를 야기하여 경찰에 대한 신뢰를 현저히 저하시키는 요인이 기도 하였다. 모름지기 법이란 하늘이 알고 땅이 알고 모든 국민이 공감하는 것이어야 한다.
그러나, 단문과 사례 모두 교수들이 채점기준표를 작성함으로써, 이제는 공감하지 못하는 내용을 서술하는 경우라면 점수를 얻을 수 없음이 자명하게 확인되었다. 현재까지 잘못된 관행을 과감하게 개선하는 조치로 평가받을 수 있다.
2. 본서의 특징
⑴ 체계적인 이해를 도모하기 위한 사례순서의 정비
본서는 내용뿐 아니라 서술순서에 많은 고려를 하였다. 서술 순서의 체계화를 통해, 사례1번부터 차례로 학습을 이어가면 자연스럽게 형사소송 사례에 대한 이해도가 높아지고 답안의 작성 능력도 확립될 수 있도록 기획하였다.

⑵ 교수출제·정밀채점을 고려한 정확한 답안구성
교수출제의 경우, 일반고등고시와 마찬가지로 학리가 제대로 서술되어야 하고, 판례의 태도가 정확히 현출되어야 한다. 학리에도 맞지 않으나 경찰 수험서들에 비슷하게 서술되어 있는 내용을 그대로 기재한다고 점수를 얻을 수 없다. 사례 전체의 구성은 유지하면서도 변화하는 판례와 법령을 반영하여 소소한 부분의 서술을 변경하였다.
⑶ 60개의 사례를 통한 최신논점의 정리 및 사례서술의 근간 마련
필자는 오랜 기간 동안의 강의 경험을 토대로 최소한의 사례를 통해 최신논점을 총정리하고 효율 적으로 사례를 학습할 수 있도록 몇 개의 사례는 삭제하고 새롭게 또 몇 개의 사례를 추가하였 고, 일부 논점에 대한 서술을 재정비하여 확고히 사례서술의 근간을 확립할 수 있도록 하였다.
3. 맺으며
최근 승진시험은 새로운 판례와 법령의 개정에 시시각각 반응하여, 최신의 사례, 당해연도 최고의 핫이슈들을 중심으로 출제가 집중되고 있다. 결국, 본서만으로 모든 사례가 대비된다는 말은 정확한 표현이 될 수가 없다. 본 사례로 기본적인 사례해결능력을 키운 다음에, 사례X노트, 진도별· 전범위 모의고사 등으로 새로운 판례와 논점에 대해 대비해야만 좋은 성과를 얻을 수 있음을 깊이 새길 필요가 있다.
필자는 오랜 시간 경찰승진과 관련하여 교재집필과 강의를 진행하였다. 외부에서 평가하는 경찰과 실제로 필자가 함께 하며 알게 된 경찰의 모습은 많은 차이가 존재한다. 혹자들은 현직 경찰관들이 시험준비만 하느라 실무를 등한시한다는 말을 하곤 한다. 경찰실무를 전혀 모르는 비난을 위한 비난에 불과하다. 경찰 1명이 공부를 하면 25명정도가 그 지식을 통해 실무를 개선해나간다. 승진 시험의 출발은 근무평정에서부터 시작한다. 이를 위해 얼마나 현장에서 노력하며 남는 시간에 꾸준히 공부를 해야하는 고난의 시간들을 모르는 자들이 퍼뜨리는 낭설에 불과하다.
형사소송실무의 최전선에서도 틈틈이 자기계발을 위해 학습에 매진해온 독자들이야말로 본서가 나올 수 있는 원동력이자 필자의 스승이다. 그들에게 감사와 경의를 표한다.
본서의 출간에 이르는 전과정을 함께 해준 하우패스의 권형진대표님, 지호남원장님, 송영재님, 이용구님, 김백선님, 배형석 이사님, 이종금 이사님께 감사의 말을 전하며 본서의 서문을 마무리하기로 한다.
2026.3.20.
필자 정주형

CONTENTS
Case 1. 함정수사 ····················································································································· 1
Case 2. 함정수사, 영장주의의 예외 ··················································································· 8
Case 3. 압수·수색에 있어서의 영장주의의 예외 ························································· 14
Case 4. 체포현장 및 긴급체포된 자에 대한 압수⋅수색, 강제채뇨 등 ··················· 22
Case 5. 영장없는 신병확보 수단 및 체포·구속의 위법성을 다투기 위한 제도 ·· 29
Case 6. 범죄용의자 비디오촬영의 적법성 ······································································ 35
Case 7. 불심검문과 소지품검사의 한계(Ⅰ) ···································································· 41
Case 8. 불심검문과 소지품검사의 한계(Ⅱ) ··································································· 47
Case 9. 불심검문과 신분증제시의무 ················································································ 53
Case 10. 체포현장에서의 압수·수색, 변호인의 피의자신문참여권 등 ····················· 61
Case 11. 최면수사, 위법수집증거배제법칙 ······································································· 69
Case 12. 영장없는 비밀녹음 ································································································ 74
Case 13. 영장없는 체포, 체포현장에서의 압수 ······························································· 80
Case 14. 진술거부권과 변호인의 피의자신문참여권 ······················································ 86
Case 15. 고소전 수사, 소송조건으로서의 고발 ······························································· 94
Case 16. 고소취소와 고소의 주관적 불가분의 원칙 ······················································ 98
Case 17. 불심검문의 절차와 항소심에서의 고소취소 ·················································· 103
Case 18. 소송조건과 수사, 고소의 추완, 고소의 포기 ················································ 111
Case 19. 변호인의 피의자신문참여권 ··············································································· 118
Case 20. 미행 후 임의동행과 긴급체포 ·········································································· 123

Case 21. 임의동행의 적법성과 조서의 증거능력 ··························································· 131
Case 22. 별건구속, 여죄수사의 한계 등 ······································································· 137
Case 23. 압수·수색의 절차 ···························································································· 142
Case 24. 전자기록의 압수 ································································································ 153
Case 25. 임의제출물 압수, 위법수집증거에 대한 증거동의 ····································· 163
Case 26. 임의제출물의 압수 및 CCTV의 증거능력 ···················································· 171
Case 27. 임의제출물 압수와 피의사건과의 관련성 ···················································· 179
Case 28. 형사사건 개시 전 변호사의 비닉권과 강제채뇨 ·········································· 190
Case 29. 임의제출의 효력이 미치는 범위 ······································································ 197
Case 30. 전자정보 복제물의 압수 ···················································································· 203
Case 31. 참고인진술서와 증거보전 ·················································································· 216
Case 32. 압수·수색의 절차 및 진술번복조서 ······························································ 225
Case 33. 공소제기 후의 수사 ···························································································· 233
Case 34. 기망과 약속에 의한 자백의 증거능력 ···························································· 240
Case 35. 위수증과 독수과실의 예외이론, 진술거부권 ··············································· 247
Case 36. 위수증과 증거동의, 독수과실의 원칙 ··························································· 254
Case 37. 영장의 집행절차 및 전문법칙 종합 ······························································ 261
Case 38. 피의자신문을 위한 구인과 영상녹화물의 증거능력 ·································· 272
Case 39. 접견교통권을 침해하여 작성한 피신조서 ···················································· 279
Case 40. 피의자신문조서·진술서·조사자증언 ·························································· 287

Case 41. 범죄장소에서의 압수·수색과 조사자증언 ·················································· 293
Case 42. 실황조사서의 증거능력, 거짓말탐지기조사결과의 증거능력 ·················· 303
Case 43. 거짓말탐지기조사결과의 증거능력 ································································· 311
Case 44. 압수·수색의 범위와 정당하지 못한 증언거부 ·········································· 318
Case 45. 비진술증거, 재전문증거, CCTV영상의 증거능력 ······································ 329
Case 46. 피고인의 무단퇴정과 증거동의의 의제 ························································ 338
Case 47. 유류물의 압수와 영상녹화물, 재전문 ·························································· 343
Case 48. 공소제기 후의 수사, 전자기록의 증거능력 ················································ 353
Case 49. 피의자신문조서의 증거능력과 진술녹음의 증거능력 ································ 361
Case 50. 접견교통권 침해와 피신조서의 증거능력, 위법수집증거와 탄핵증거 ·· 369
Case 51. 강제채혈과 실황조사서의 증거능력 ······························································ 376
Case 52. 강제채혈 및 자백의 보강법칙 ········································································ 384
Case 53. 자백의 보강법칙 ································································································ 393
Case 54. 전자기록의 압수와 조사자증언 ······································································ 399
Case 55. 특수매체기록의 증거능력 ················································································ 408
Case 56. 현장녹음, 비진술증거물의 대체물인 사진, 전문진술 ······························· 415
Case 57. 사경이 긴급체포한 피의자에 대한 검사의 대면조사 등 ·························· 425
Case 58. 공동피고인의 법정진술의 증거능력 ································································ 433
Case 59. 사진의 증거능력과 재전문증거 ········································································ 441
Case 60. 탄핵증거 및 법률자문 서류의 압수 ································································ 449

머리말 - 정주형 통합사례 형소법.pdf

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