- ‘출제의 포인트’의 효율적 활용방법 -
“출제의 포인트”는 변호사시험 선택형 문제를 대비하여 단기간에 효율적으로 형사법을 정리할 수 있도록 만들어진 교재이다. 이하에서는 본서를 효율적으로 활용하여 형사법 선택형문제에서 고득점을 할 수 있는 방법을 제시하고자 한다.
1. 중요부분을 집중적으로 공략하라.
시험공부를 할 때 “빠짐없이” 공부하는 것도 중요하지만, 어느 정도 공부가 된 후에는 “중요한 부분에 집중”하는 것이 더 중요하다. 어떤 부분이 중요한가는 기출문제에서 그 답을찾을 수 있다. 본서에서는 2000년 이후의 사법시험 기출문제, 2012년 이후의 변호사시험
기출문제와 여러 모의고사 문제, 그리고 기타의 국가고시 기출문제를 지문별로 분해한 후 기본서의 목차순서대로 재배열을 함으로써 출제가능성이 높은 중요부분을 기본서를 읽는 것처럼 체계적으로 정리할 수 있도록 하였다.
2. 약점을 철저하게 보완하라.
적어도 기본서를 1~2회독 이상 하고, 학교나 학원에서 기본적인 강의를 들었다면 이제부터는 자신이 잘 모르는 부분을 집중공략할 필요가 있다. 이러한 약점은 문제를 풀어보아야만발견할 수 있는데, 중요 기출문제를 총정리한 본 “출제의 포인트”가 자신의 약점을 발견할
수 있는 최적의 수단이 될 것이다. 본서를 읽어 나아가면서 자신의 약점이 발견되었다면 우선 “해설”을 통해서 이해하고, 그래도 부족할 경우에는 “기본서”의 해당 부분을 찾아서 정독을 해야 한다(※ 기본서로는 올해 변호사시험에서 99% 이상을 커버한 “형법요론”과 “형사소송법요론”을 추천한다).
3. 체크된 부분을 빠르게 반복하라.
시험공부는 “암기”를 통해서 완성되는 것이다. 그런데 분량이 많은 기본서를 시험 직전에 보는 것은 매우 어려우므로 최종정리를 할 때에는 본서를 활용하는 것이 좋다. 본서를 읽어나아가면서 “틀린 부분”, “어려운 부분” 등이 발견되다면 나름대로의 기호를 정해서 “체
크”를 하고, 다른 문제집을 볼 경우에도 틀렸거나 중요내용을 본서의 해당 부분에 옮겨 적어 소위 “단권화”를 해야 한다. 그리고 시험에 임박해서는 이렇게 체크된 부분을 빠르게 반복한다면 단기간에 매우 효율적인 최종정리가 될 것이다.
본서의 효율적 활용으로 법조인의 꿈을 조속히 실현하기를 바라면서…
1. 형사소송법의 일반이론 ····················································································· 3
2. 수사의 기본개념 ····························································································· 10
3. 수사의 개시 ··································································································· 16
4. 수사의 방법···································································································· 30
5. 대인적 강제수사 ····························································································· 39
6. 대물적 강제수사 ····························································································· 61
7. 수사상의 증거보전 ·························································································· 90
8. 수사의 종결 ··································································································· 94
9. 공소와 공소권이론 ························································································ 100
10. 공소제기의 기본원칙 ··················································································· 102
11. 공소제기의 방식 ························································································· 109
12. 공소제기의 효과 ························································································· 119
13. 공소시효 ···································································································· 122
14. 법 원 ········································································································ 133
15. 검 사 ········································································································ 147
16. 피고인 ······································································································· 149
17. 변호인 ······································································································· 157
18. 소송행위 ···································································································· 170
19. 소송조건 ···································································································· 176
20. 공판절차의 기본원칙 ··················································································· 178
21. 공판심리의 범위 ························································································· 180
22. 공판준비절차 ······························································································ 199
23. 공판정에서의 심리 ······················································································ 206
24. 증거조사와 강제처분 ··················································································· 210
25. 공판절차의 특칙 ························································································· 229
26. 증명의 기본원칙 ························································································· 243
27. 위법수집증거배제법칙 ·················································································· 252
28. 자백배제법칙 ······························································································ 263
29. 전문법칙 ···································································································· 266
30. 당사자의 동의와 증거능력 ··········································································· 313
31. 탄핵증거 ··································································································· 320
32. 자백보강법칙 ····························································································· 323
33. 공판조서의 증명력 ······················································································ 330
34. 재판의 기본개념 ························································································· 332
35. 종국재판 ···································································································· 333
36. 재판의 확정과 효력 ····················································································· 341
37. 소송비용 ···································································································· 353
38. 상소의 일반이론 ························································································· 355
39. 항 소 ········································································································ 376
40. 상 고 ········································································································ 386
41. 항 고 ········································································································ 389
42. 재 심 ········································································································ 393
43. 비상상고 ···································································································· 402
44. 약식절차 ···································································································· 405
45. 즉결심판절차 ······························································································ 411
46. 소년에 대한 특별절차 ·················································································· 415
47. 피해자 보호절차 ························································································· 416
48. 재판의 집행 ······························································································· 418
49. 형사보상과 명예회복 ··················································································· 420