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변호사시험을 비롯하여 최근 국가시험의 사례형 문제는 거의 모두 최신판례를 기초로 하여 그것을 사례형 문제로 변환한 것이었다. 이에 본 “최신판례 사례형 문제집”에서는 2017년부터 2022년까지의 최신판례를 사례형 문제로 재구성하여 최신의 출제경향에 완벽하게 대비할 수 있도록 하였다.
판례의 사례 속에는 “쟁점”이 담겨 있고, 이러한 쟁점에 대한 대법원의 입장을 묻는 문제가 주로 출제되는데, 그 쟁점의 수는 판례별로 상이하다. 즉 쟁점이 1~2개 정도인 단순한 판례가 있는가 하면, 쟁점이 10개를 넘을 정도로 매우 복잡한 판례도 있다. 이에 본서에서는 모든 쟁점을 ○×지문으로 구성하여 사례형 문제 출제에 철저하게 대비할 수 있도록 하였다.

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[1] 수사의 개시 ···································································································· 3
[2] 수사의 방법 ···································································································· 7
[3] 대인적 강제수사 ···························································································· 10
[4] 대물적 강제수사 ···························································································· 14
[5] 수사의 종결 ·································································································· 60
[6] 공소와 공소권이론 ························································································· 61
[7] 공소제기의 기본원칙 ······················································································ 62
[8] 공소제기의 방식 ···························································································· 64
[9] 공소시효 ······································································································· 69
[10] 법 원 ········································································································· 73
[11] 변호인 ········································································································ 74
[12] 소송행위 ····································································································· 79
[13] 공판심리의 범위 ·························································································· 81
[14] 공판정에서의 심리 ······················································································· 90
[15] 증거의 기본개념 ·························································································· 96
[16] 증명의 기본원칙 ·························································································· 99
[17] 위법수집증거배제법칙 ················································································· 108
[18] 전문법칙 ··································································································· 113
[19] 자백보강법칙 ····························································································· 125
[20] 재판의 기본개념 ························································································ 127
[21] 재판의 확정과 효력 ···················································································· 130
[22] 소송비용 ··································································································· 136
[23] 상소의 일반이론 ························································································ 137
[24] 항 소 ········································································································ 148
[25] 상 고 ········································································································ 161
[26] 항 고 ········································································································ 167
[27] 재 심 ········································································································ 169
[28] 비상상고 ··································································································· 182
[29] 약식절차 ··································································································· 186
[30] 즉결심판절차 ····························································································· 188
[31] 소년에 대한 특별절차 ················································································· 190
[32] 피해자 보호절차 ························································································ 191
[33] 재판의 집행 ······························································································· 194
[34] 형사보상과 명예회복 ·················································································· 195

[서 문]

- 2023년판 “최신판례 사례형 문제집”의 특징 -

1. 사례형 문제가 당락을 좌우
변호사시험 형사법문제의 경우에는 40문제 가운데 약 12~15문제 정도가 사례형 문제로 출제되고 있는데, 이러한 경향은 경찰, 검찰, 법원 등 다른 국가시험에 대해서 큰 영향을 미치고 있다. 2022년 여러 국가시험에서 수험생들에게 큰 충격을 주었던 문제유형은 사례형 문제일 것이다. 긴 사실관계를 제시하고 그 안에 내포된 쟁점을 묻는 형태인데, 간략하게 요약된 판결요지 중심으로 공부를 해 온 수험생들에게는 매우 어려운 문제였을 것이다. 따라서 앞으로의 판례공부는 “요지” 중심에서 “사례” 중심으로의 방향전환이 필요한 시점이라고 할 수 있다.

2. 최신판례의 사례형 문제로의 변환
변호사시험을 비롯하여 최근 국가시험의 사례형 문제는 거의 모두 최신판례를 기초로 하여 그것을 사례형 문제로 변환한 것이었다. 이에 본 “최신판례 사례형 문제집”에서는 2017년부터 2022년까지의 최신판례를 사례형 문제로 재구성하여 최신의 출제경향에 완벽하게 대비할 수 있도록 하였다. 판례의 사례 속에는 “쟁점”이 담겨 있고, 이러한 쟁점에 대한 대법원의 입장을 묻는 문제가 주로 출제되는데, 그 쟁점의 수는 판례별로 상이하다. 즉 쟁점이 1~2개 정도인 단순한 판례가 있는가 하면, 쟁점이 10개를 넘을 정도로 매우 복잡한 판례도 있다. 이에 본서에서는 모든 쟁점을 ○×지문으로 구성하여 사례형 문제 출제에 철저하게 대비할 수 있도록 하였다.

3. 특히 대물적 강제수사를 중시할 것
형사소송법에 관한 최근의 대법원 판례는 주로 대물적 강제수사에 대한 것이다. 특히 압수·수색의 주된 대상이 유형적인 물건으로부터 무형적인 전자정보로 전환되면서 그 전자정보에 대한 압수·수색의 방법 및 절차에 대해서 구체적 기준을 제시하는 대법원 판례가 쏟아져 나오고 있다. 기출문제 중에서 매우 어려운 사례형 문제 대부분도 이에 대한 것이었다. 그러므로 아무리 시간이 없을지라도 대물적 강제수사에 대한 최근의 판례는 정확하게 이해하고 정리할 필요가 있다는 점을 강조하고 싶다.

아무쪼록 본서를 잘 활용하여 승리의 월계관을 쓰기를 기원하면서…

2023. 1. 3.
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