법문서적 | 국가고시, 공무원시험, 전문자격시험 도서 전문

■ 책 소개 ■

1. 머리말
2023년에 이어 2024도 국가직 형사소송법은 극강의 체감난이도를 자랑하였다. 2024년도 법원직 역시 예상한 바와 같이 매우 난이도가 높고, 심지어는 실무적인 문제들까지 포함하여 출제되었다. 이는 출제진들이 법학전문대학원의 교수진으로 전면 교체된 것과 무관하지 않다. 특히, 경찰간부시험과 경찰채용시험을 제외하고는, 수사와 증거 파트 이외의 분야에서 출제범위가 대폭 늘어났다는 점이 특기할 만하다.
특기할 만한 점은, 형사소송법도 표준판례를 중심으로 변호사시험에서 자주 다루는 논점들이 중요 포인트로 떠오르고 있다는 것이다. 본서는 국가직, 법원직, 경찰간부, 경찰직, 경찰승진 기출문제를 중심으로 수록하였지만, 향후 출제가능한 변호사시험 등을 함께 수록함으로써 국가직(검찰·교정·철도경찰), 법원직, 군수사직, 경찰승진 시험에서 한치의 부족함이 없도록 기획하
였다.

2. 본서의 특징
⑴ 최근 출제경향에 대한 정밀분석을 통한 엄선된 문제의 수록
매년 새롭게 나오는 기출문제들을 계속해서 수록할 수는 없다. 일정부분은 삭제해야만 또 새로운 문제들을 추가하고 정해진 시간에 최고의 효율을 도모할 수 있다. 본서는 최신의 출제경향을 정확히 반영하기 위해 2023년도와 2024년도 기출문제는 전부 수록함을 원칙으로 하였지만, 과거의 기출문제들은 최근의 경향을 고려하여 엄선함으로써 최근의 출제경향을 정확히 파악하고 준비할 수 있도록 하였다.

⑵ 정확하고 체계적인 해설
상당수의 기출문제집이 단지 정답에 끼워 맞춘 비전문적인 해설을 담고 있다. 비전문적 해설로 지문을 이해하다보면 잘못된 지식이 쌓일 수밖에 없다. 본서는 학리에 맞고 실력을 배가시킬 수 있도록 정확한 해설에 중점을 두었다. 더하여 본서만으로도 충분한 이해가 가능하도록 충실한 해설을 달았다. 독자들은 별도의 보충교재를 참조하지 않고도 본서만으로 기출문제들을 정확히 이해할 수 있을 것이다.

⑶ 2024년 9월초까지의 최신판례, 개정법령의 철저한 반영
기출문제집의 해설에 있어 최신판례나 개정법령에 맞게 지문이나 해설을 교정하지 않으면, 잘못된 내용을 학습케 하는 우를 범할 수 있다. 본서는 개정법령과 최신판례에 어긋나는 지문을 최대한 삭제하고, 해설 또한 철저히 보완하는데 주력하였다. 2024년도 9월초까지의 판례를 철저히 반영하여 판례에 의해 이미 폐기된 지문은 판례의 취지대로 교정함으로써, 시험준비에 한치의 오차가 없도록 하였다.

3. 맺으며
최근 모든 시험문제가 교수출제로 전환되면서 형사소송법의 출제경향도 지속적으로 변화하고 있다. 특히나 난이도를 점점더 높이는 방식으로 지엽적인 판례를 출제하기보다는 다양한 사례형태의 문제를 개발하여 출제하고 있다. 시험을 어렵게 내는 방법은 공판절차, 상소절차 등을 강화하거나 사례형문제의 비중을 높이는 것이다. 수험생으로서는 단지 무의미하게 기출문제를 반복할 것이 아니라, 문제의 출제의도, 관련지문 등을 함께 정리하는 방식으로 학습을 해야만 한다.
필자는 형사소송법 X노트를 통해 핵심지문과 핵심이론, 판례 등의 체계적 비교정리에 노력을 기울이고 있다.
본서로 준비하는 모든 수험생들이 좋은 성과를 내어 가장 짧은 시간에 좋은 점수로 합격하기를 기원한다. 승진시험을 위해서든, 채용시험을 위해서든 최선을 다하는 독자들이야말로 본서가 나올 수 있는 원동력이자 필자의 스승이다. 그들에게 감사와 경의를 표한다.

본서의 출간에 이르는 전과정을 이끌어준 김백선, 홍민교, 이종배, 노채선님에게 감사의 말을 전하며 본서의 서문을 마무리하기로 한다.

2024.9.18.
필자 정주형

제1편 총설
제1장 형사소송법의 기초 ··········································································································· 3
제2장 형사소송법의 이념과 구조··················································································· 8

제2편 소송주체와 소송행위
제1장 소송의 주체와 당사자 ··································································································· 29
제1절 소송주체와 당사자의 의미 ··················································································· 29
제2절 피고인 ························································································································· 31
제3절 검 사 ··························································································································· 48
제4절 법 원 ··························································································································· 53
제5절 변호인 ························································································································· 79

제2장 소송행위론··············································································································· 95

제3편 수사
제1장 수사총론 ························································································································ 119
제1절 수사기관 ··············································································································· 119
제2절 수사의 의의 ········································································································ 129
제3절 고소·고발·자수 ····························································································· 146
제4절 임의수사 ·············································································································· 182

제2장 강제처분과 강제수사 ··································································································· 221
제1절 체포와 구속제도 ································································································ 221
제2절 체포와 구속의 위법성을 다투는 제도 ······················································ 283
제3절 압수·수색·검증제도 ····················································································· 311
제4절 수사상 증거보전 ······························································································· 375

제4편 수사의 종결과 공소제기
제1장 수사의 종결············································································································ 389
제1절 수사종결처분 ····································································································· 389
제2절 재정신청 ············································································································· 399

제2장 공소의 제기············································································································ 413

제5편 공판
제1장 공소의 제기와 법원의 심판대상··········································································· 441

제2장 공판절차················································································································ 486

제3장 증거······················································································································· 587
제1절 증거재판주의와 자유심증주의 ·········································································· 587
제2절 위법수집증거배제법칙, 자백배제법칙 ··························································· 614
제3절 전문법칙 ·················································································································· 646
제4절 증거동의, 탄핵증거, 자백의 보강법칙, 공판조서의 증명력 ················· 739
제4장 재판 ······························································································································· 795

제6편 상소·비상구제절차·특별절차·형의집행
제1장 상소 ······························································································································· 835

제2장 비상구제절차 ··············································································································· 923

제3장 특별형사절차 ··············································································································· 945

제4장 재판의 집행 및 형사보상제도 ··················································································· 976