추가 적립 안내

“사례형 판례정리”는 변호사시험 사례형 문제를 대비하여 단기간에 효율적으로 중요논점을 정리할 수 있도록 만들어진 교재이다.

특징
1. 사례문제의 기초가 되는 중요판례 총정리
2. 채점기준표에 의거한 모범답안식 해설
3. 관련판례 수록 및 기출사례 해설

---형사소송법---
1. 친고죄의 고소 전 수사 ······················································································· 3
2. 함정수사 ··········································································································· 6
3. 불심검문의 방법과 절차 ····················································································· 9
4. 불심검문과 일반소지품검사 ··············································································· 12
5. 법정대리인의 고소권의 성격 ·············································································· 15
6. 고소의 주관적 불가분의 원칙 ············································································ 17
7. 수사상의 임의동행 ··························································································· 21
8. 피의자신문을 위한 구인 ···················································································· 26
9. 범인식별절차 ··································································································· 29
10. 변호인의 피의자신문 참여권 ············································································ 32
11. 피의자신문절차의 적정성 ················································································ 35
12. 긴급체포의 요건과 절차 ·················································································· 40
13. 사법경찰관의 긴급체포에 대한 검사의 승인 ······················································· 46
14. 현행범인의 의미 ···························································································· 50
15. 현행범인체포의 요건 ······················································································ 53
16. 구속영장청구 기각결정에 대한 불복방법 ··························································· 58
17. 별건구속의 문제점 ························································································· 61
18. 사법경찰관의 피의자 구속기간 ········································································· 63
19. 전자정보에 대한 압수·수색의 방법과 절차 ························································· 65
20. 변호인의 압수·수색절차 참여권의 성질 ····························································· 71
21. 저장매체에 대한 압수절차의 적법성 및 사본의 증거능력 ····································· 75
22. 압수·수색과 사건과의 관련성 ··········································································· 80
23. 압수·수색의 대상과 절차 ················································································· 85
24. 압수물환부청구권의 포기 ················································································ 87
25. 강제채혈의 요건과 절차 ·················································································· 90
26. 강제채뇨의 요건과 절차 ·················································································· 96
27. 진료목적으로 채취된 혈액의 압수 ···································································· 99
28. 체포현장에서의 압수·수색 ·············································································· 101
29. 압수·수색과 영장주의의 예외··········································································· 106
30. 긴급체포 후의 압수·수색 ··············································································· 110
31. 긴급체포 후의 압수·수색과 요급처분 ······························································· 115
32. 임의제출물의 압수 ························································································ 119
33. 증거제출의 임의성 ························································································ 124
34. 전기통신의 감청 ··························································································· 127
35. 수사상의 증거보전 ························································································ 130
36. 기소유예처분에 대한 피의자의 불복방법 ························································· 133
37. 공소제기 후의 압수·수색 ··············································································· 135
38. 공소제기 후의 피고인신문 ············································································· 139
39. 공소제기 후의 참고인조사 ············································································· 142
40. 차별적 공소제기 ··························································································· 146
41. 누락사건의 추가기소 ····················································································· 149
42. 재정신청 기각결정에 대한 불복 ······································································ 151
43. 공소장의 예비적·택일적 기재 ········································································· 155
44. 공소장일본주의 ···························································································· 159
45. 일부기소와 공소장변경 ·················································································· 163
46. 친고죄와 일부기소 ························································································ 167
47. 공소장변경과 공소시효 ·················································································· 169
48. 공범과 공소시효의 정지 ················································································ 171
49. 대향범과 공소시효정지의 특례 ······································································· 175
50. 법관의 제척사유 ··························································································· 178
51. 기피신청의 시기와 효과 ················································································ 181
52. 성명모용의 소송관계 ····················································································· 184
53. 위장출석의 소송관계 ····················································································· 188
54. 필요적 변호사건에서 변호인이 없었던 경우 ····················································· 191
55. 변호인의 접견교통권 제한 ············································································· 193
56. 변호인의 수사서류 등 열람·복사권 ·································································· 197
57. 착오에 의한 소송행위의 효력 ········································································· 200
58. 고소의 추완 ································································································· 202
59. 공소사실의 동일성 ························································································ 204
60. 공소장변경의 한계 ························································································ 210
61. 공소장변경의 필요성 ····················································································· 213
62. 포괄일죄와 추가기소 ····················································································· 218
63. 법원의 공소장변경 요구 ················································································ 222
64. 항소심에서의 공소장변경과 고소취소의 시기 ··················································· 226
65. 검사의 증거개시 거부처분의 적법성 ································································ 233
66. 법원의 증거개시명령에 대한 불복방법 ···························································· 235
67. 증거결정에 대한 불복방법 ············································································· 239
68. 공동피고인의 증인적격 ·················································································· 243
69. 증인신문과 피고인의 반대신문권 ···································································· 247
70. 국민참여재판 ······························································································· 250
71. 위법수집증거배제법칙과 자백배제법칙의 관계 ·················································· 253
72. 사인이 위법하게 수집한 증거의 증거능력 ························································ 258
73. 독수의 과실이론 ··························································································· 262
74. 약속에 의한 자백 ························································································· 268
75. 자백의 임의성 증명 ······················································································ 272
76. 전문증거의 개념 ··························································································· 276
77. 공판조서의 증거능력 ····················································································· 279
78. 공범에 대한 검사 작성 피의자신문조서의 증거능력 ·········································· 282
79. 공범에 대한 경찰 작성 피의자신문조서의 증거능력 ·········································· 286
80. 수사기관의 검증조서의 증거능력 ···································································· 292
81. 전문진술과 진술서 및 사진의 증거능력 ··························································· 295
82. 사인이 녹음한 테이프의 증거능력 ··································································· 300
83. 정당한 이유 있는 증언거부권의 행사와 제314조 ·············································· 306
84. 정당한 이유 없는 증언거부권의 행사와 제314조 ·············································· 310
85. 당연히 증거능력이 있는 서류 ········································································· 313
86. 전문진술의 증거능력 ····················································································· 316
87. 조사자의 증언의 증거능력 ············································································· 319
88. 재전문증거의 증거능력 ·················································································· 322
89. 증거물을 촬영한 사진의 증거능력 ··································································· 326
90. 수사기관이 촬영한 현장사진의 증거능력 ························································· 330
91. CCTV 녹화영상을 본 자의 진술 등의 증거능력 ··············································· 333
92. 사인이 위법하게 촬영한 현장사진의 증거능력 ·················································· 336
93. 수사기관이 녹음한 테이프의 증거능력 ···························································· 339
94. 수사기관이 촬영한 영상녹화물의 증거능력 ······················································ 342
95. 전자기록의 증거능력 ····················································································· 345
96. 변호인의 증거동의 ························································································ 352
97. 증거동의의 의제와 철회 ················································································ 354
98. 탄핵증거 ····································································································· 357
99. 공범자의 자백의 증거능력과 증명력 ································································ 362
100. 보강증거의 자격⑴ ······················································································ 366
101. 보강증거의 자격⑵ ······················································································ 368
102. 포괄일죄와 보강증거의 범위 ········································································ 370
103. 포괄일죄의 일부에 대한 기판력의 범위 ························································· 373
104. 기판력의 객관적 범위 ················································································· 377
105. 형식재판과 상소의 이익 ·············································································· 380
106. 경합범과 일부상소 ······················································································ 383
107. 과형상 일죄와 일부상소 ·············································································· 387
108. 불이익변경금지의 원칙 ················································································ 391
109. 부정기형과 불이익변경금지의 원칙 ······························································· 394
110. 파기판결의 구속력 ······················································································ 397
111. 변호인에 대한 소송기록접수통지 ·································································· 400
112. 항소이유서 제출기간의 소송법적 의미 ··························································· 403
113. 재심의 대상 ······························································································· 405
114. 허위증언에 의한 재심사유 ··········································································· 408
115. 신증거에 의한 재심사유 ·············································································· 411
116. 공범자에 대한 모순된 판결과 재심이유 ························································· 417
117. 경합범과 재심 ···························································································· 419
118. 비상상고의 이유 ························································································· 423
119. 약식명령과 정식재판 ··················································································· 426

〈 서 문 〉

2023년 대비 ‘형사소송법 사례형 판례정리’에 대해서

“사례형 판례정리”는 변호사시험 사례형 문제를 대비하여 단기간에 효율적으로 중요논점을 정리할 수 있도록 만들어진 교재이다.

1. 사례문제의 기초가 되는 중요판례 총정리
변호사시험 사례형 문제를 분석해 보면 특정의 판례를 기초로 해서 사안을 각색하거나 변형해서 만들어진 것들이 대부분이다. 그러므로 다양하게 변형된 사례문제에 잘 대처하기 위해서는 원래의 판례사안을 정확하게 파악하고 있어야만 한다. 그래서 본서에서는 2012~2022년의 변호사시험과 2001~2017년의 사법시험, 그리고 2011~ 2021년의 5급공채시험, 그리고 최근의 법학전문대학원 모의시험에서 출제되었던 사례문제를 분석하여 출제의 기초가 되었던 원래의 판례사안을 정확하게 소개하고 그와 관련된 논점에 대한 해설을 모범답안 형태로 구성하였다. 또한 최신 중요판례를 사례문제형태로 정리하여 수록함으로써 미기출 판례에도 적절하게 대비할 수 있도록 하였다.

2. 채점기준표에 의거한 모범답안식 해설
답안지에 무엇을 어느 정도로 써야 할 것인가는 결국 채점기준표에 의해서 결정된다. 그래서 본서에서는 사례형 문제에 대한 변호사시험 채점기준표를 참고하여 모범답안 형태의 해설을 함으로써 출제자가 요구하는 것이 어느 정도인가를 정확하게 알 수 있도록 하였다. 다만 동일한 논점일지라도 문제의 형태 및 배점에 따라 서술의 정도가 달라지는 것에 융통성 있게 대처할 수 있도록 하기 위해서 내용은 비교적 상세하게 서술하였다.

3. 관련판례 수록 및 기출사례 해설
출제의 기초가 되었던 판례의 사실관계를 기초로 모범답안식 해설을 한 후에는 그 판례의 판결요지 및 관련 중요판례를 수록하였고, 다시 해당 판례를 기초로 한 기출 사례문제를 소개하고 해설하였다. 특히 후자를 활용하여 연습용 답안지에 기출문제의 형태 및 배점에 따른 답안구성 방법과 서술분량을 조절하는 훈련을 해 본다면 사례형 문제의 답안작성에 대해서 상당한 자신감을 갖게 될 것이다.

본서의 효율적 활용으로 법조인의 꿈을 조속히 실현하기를 바라면서…

2022년 5월 10일
법학박사 신 호 진