추가 적립 안내

2022.5.9. 검찰청법과 개정형사소송법의 내용을 충실히 반영하였고, 주관식단문교재에서 새롭게 선보인 채점기준표를 감안하여 X노트의 서술도 일부조정·변경하였다. 또한 최근의 기출문제를 고려하여 이미 출제된 일부논점을 제외하고 출제배제기간이 지난 일부단문들에 대해서는 새롭게 추가하였다

2022.5.9. 이른바 검수완박의 검찰청법과 형사소송법의 개정이 있었다. 다만, 검수완박이라는 표현에도 불구하고 검사의 수사범위를 제한하는 입법에 그치며 아쉬움을 남겼다. 법개정에도 불구하고 작금의 법무부는 검사의 수사범위를 오히려 확대하려는 모습을 보여주고 있다.
2020.2.4. 형사소송법 개정으로 사법경찰관에게 독자적인 수사권이 부여되자 국가수사본부가 출범하고 경찰승진시험도 전격적인 교수출제가 이루어졌다. 경쟁률의 상승과 더불어, 단문답안도 과거보다는 상세하게 서술해야 하는 상황이 도래하였다. 필자는 이러한 최근 시험경향을 고려하여 일부단문의 경우 서술량을 다소간 늘렸다. 최대한 교수출제·교수채점에 유리하도록 서술방식을 일부조정하다보니 단문의 약 2/3의 내용이 조금이라도 수정되게 되었다.
본서에서는 2022.5.9. 검찰청법과 개정형사소송법의 내용을 충실히 반영하였고, 주관식단문교재에서 새롭게 선보인 채점기준표를 감안하여 X노트의 서술도 일부조정·변경하였다. 또한 최근의 기출문제를 고려하여 이미 출제된 일부논점을 제외하고 출제배제기간이 지난 일부단문들에 대해서는 새롭게 추가하였다.
본서는 만점을 지향하지 않는다. 개인의 역량에 따라 서술될 수 있는 양도 다르다. 따라서 독자들의 능력에 따라 일부를 가감하는 것도 필요할 수밖에 없다. 또한 필자스스로 준비한 두문자가 있으면 이를 대체해도 무방하다.
다만, 타교재로 단문을 준비하시는 분이라도, 현재 승진시험이 교수출제·교수채점으로 이어지고 있는 점을 감안할 때 학리에 맞지 않는 내용은 과감히 버리고 새롭게 준비할 필요가 있다는 점을 지적해둔다.
본서로 학습하는 모든 분들은 바쁜 실무를 진행하면서 틈틈이 시간을 내어 단문을 암기하는 것이 현실이다.
이러한 현실을 고려하여 최대한 단문암기의 효율을 높이기 위해, 매년 neo_player 앱을 제작하여왔다.
두문자 네오플레이어를 매년 개발하는 것이 필자로서도 다소간 힘든 작업일 수밖에 없었으니, 네오플레이어를 통해 많은 분들이 단문암기를 용이하게 할 수 있으셨다는 평가를 남겨주신 점을 외면할 수 없었다.
필자는 본서에 대한 핵심강의를 진행하는 한편, 지난 해와 마찬가지로 네오플레이어를 통한 MP3 강의 역시 준비하고자 한다.
본서가 나오기까지 함께 해준 이종배, 홍민교, 김백선, 문지수님께 감사의 말을 전하고, 본서로 준비하시는 모든 수험생분들이 원하는 목표를 달성하기를 기원하며 본서의 서문을 마무리하기로 한다.
2022. 5. 19.
필자 정주형 접기

01 실체진실주의··································································································································10
02 적정절차원칙··································································································································12
03 신속한 재판의 원칙 ························································································································14
04 피의자의 소송법상 지위와 권리·····································································································16
05 수사의 의의와 한계························································································································18
06 인신구속과 인권보장······················································································································20
07 수사의 조건····································································································································22
08 함정수사·········································································································································24
09 불심검문········································································································································26
10 소지품검사 ······································································································································28
11 친고죄의 고소·································································································································30
12 친고죄의 고소전 수사 ·····················································································································32
13 고소불가분의 원칙 ··························································································································34
14 고소의 취소····································································································································36
15 고소의 포기····································································································································38
16 고소와 고발의 이동························································································································40
17 영장주의 ·········································································································································42
18 감청(도청) ·······································································································································44
19 피의자신문 ······································································································································46
20 수사상 영상녹화 및 영상녹화물의 증거능력··················································································48
21 수사상에 대한 사법적 통제············································································································50
22 위법수사의 구제·····························································································································52
23 임의 동행·······································································································································54
24 임의수사의 본질과 한계·················································································································56
25 피의자의 체포와 구속의 요건········································································································58
26 영장에 의한 체포···························································································································60
27 긴급체포·········································································································································62
28 긴급체포되어 구속된 자의 수사상 방어권······················································································64
29 현행범인 체포 ······························································································································66
30 이중구속과 별건구속······················································································································68
31 구속전피의자심문(영장실질심사) ·····································································································70
32 체포·구속적부심사제도 ·················································································································72
33 보증금납입부 피의자석방제도·········································································································74
34 (피고인) 보석 ·································································································································76
35 체포·구속된 피의자의 인권보장제도····························································································78
36 압수·수색·검증에 있어서 영장주의 예외 ····················································································80
37 체포현장에서의 압수·수색·검증 ··································································································84
38 긴급체포시의 압수·수색·검증·····································································································86
39 압수물의 가환부와 환부·················································································································88
40 신체검사 ········································································································································90
41 강제채혈·········································································································································92
42 수사상 증거보전 ·····························································································································94
43 공소제기후 수사 ·····························································································································96
44 공소제기 후 임의수사 ····················································································································98
45 증거재판주의································································································································100
46 엄격한 증명의 대상······················································································································102
47 거증책임·······································································································································104
48 거증책임의 전환 ···························································································································106
49 자유심증주의와 그 예외···············································································································108
50 약속에 의한 자백 ··························································································································112
51 독수과실이론 ·································································································································114
52 검사작성 피신조서 ························································································································116
53 사경작성 피신조서 ························································································································118
54 진술조서·······································································································································120
55 진술서의 증거능력························································································································122
56 수사기관 작성 검증조서 ···············································································································124
57 감정서···········································································································································126
58 제314조를 논함·····························································································································128
59 당연히 증거능력있는 서류··············································································································132
60 전문진술의 증거능력······················································································································134
61 조사자증언 ····································································································································136
62 사진의 증거능력 ···························································································································138
63 비밀촬영사진 ································································································································140
64 거짓말탐지기검사의 증거능력·······································································································142
65 탄핵증거·······································································································································144
66 공범자 자백 ··································································································································146
67 공판조서의 증거능력과 증명력·····································································································148
68 검사와 사법경찰관리와의 관계·····································································································150
69 국선변호인····································································································································152
70 변호인의 접견교통권····················································································································154
71 피의자와 피고인의 접견교통권······································································································156
72 공소권남용 ····································································································································158
73 불기소처분 ····································································································································160
74 사법경찰관의 불송치결정권··········································································································162
75 기소독점주의································································································································164
76 재정신청·······································································································································166
77 공소장일본주의·····························································································································168
78 간이공판절차································································································································170
79 증인적격·······································································································································172
80 참고인과 증인의 지위비교 ············································································································174
81 증인의 권리와 의무·······················································································································176
82 수사상 준항고(제417조) ················································································································178
83 약식절차·······································································································································