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형사소송법상품 상세설명
- 책 소개 -
- 선택형 총정리의 특징 -
기출지문의 체계적 총정리
“선택형 문제집”으로 공부할 경우의 문제점은 체계적인 정리가 매우 어렵다는 점이다.
예를 들어, 한 문제 안에 여러 파트의 지문들이 중구난방으로 들어있다 보니 단편적인 지식의 습득은 가능하지만, 그 지문이 형사소송법 전체의 체계 안에서의 갖는 의미를 이해하기가 어렵다. 이에 본 선택형 총정리에서는 중요시험의 기출문제의 지문을 교과서의 순서대로 재배열을 한 후 다시 동일한 논점들끼리 하나의 ○×문제로 재구성을 함으로써 교과서를 읽듯이 체계적으로 선택형 문제를 대비할 수 있도록 하였다.
변시와 모의고사 기출문제로는 55%만 커버
변호사시험 준비생들은 학습범위가 방대하여 주로 “변호사시험 기출문제”와 “법전협 모의고사 기출문제”를 중심으로 선택형 문제를 대비하고 있다. 그런데 편저자는 그와 같은 기출문제들이 2019년 제8회 변호사시험의 형법 선택형 문제를 얼마나 커버할 수 있는지 분석을 해 보았다. 형법 관련 지문은 총 110개였는데, 그 중 위의 기출문제로 대비할 수 있는 지문은 총 60개에 불과했다. 비율로는 55%이다. 즉 45% 정도는 공부하지 않은 것들이 나왔다는 것이고, 형사소송법도 비율이 비슷할 것으로 가정할 때 기출문제만으로 준비를 한 학생이 맞을 수 있는 형사법 점수의 최대한은 55점에 불과하다. 이에 본 선택형 총정리에서는 “검찰”, “법원”, “경찰” 등 중요 국가시험에서 자주 출제된 중요 내용들로 부족한 부분들을 보충함으로써 커버하는 범위를 95% 이상으로 끌어 올릴 수 있도록 하였다.
핵심 NOTE
모든 공부에 있어서 가장 기본이 되는 것은 “기본개념”이다. 기본개념에 대한 정리 없이 무턱대고 문제만 푸는 것은 “모래 위에 성을 쌓는 것”과 같다. 이에 본 선택형 총정리에서는 본격적으로 기출지문을 다루기 전에 중요한 기본개념과 이론들을 정리할 수 있도록 “핵심 NOTE”란을 마련하였다. 여기서 정리된 내용들은 본격적 실력향상을 위한 튼튼한 기초와 뼈대가 될 것이다.
아무쪼록 본서를 잘 활용하여 승리의 월계관을 쓰기를 기원하면서…
- 본서를 이용한 실력향상 방법 -
① 제1단계➝자신의 실력 점검 및 향상
1) “기출지문정리”는 단순한 객관식 문제가 아니라 중요한 기출지문들을 기본서의 목차순으로 재배열·재구성한 것이므로 실제로는 기본서 또는 그에 대한 SUB-NOTE와 동일한 기능을 한다. 따라서 “기출지문정리”를 풀 때에는 각 지문별로 정확하게 아는 내용인지 아닌지를 체크해야 한다(예를 들어, 중요한 것은 ☆, 틀린 것은 , 애매하게 아는 것은 △ 등).
2) 그리고 본서에서는 문제에 대한 해설은 가급적 상세하게 하였으므로 해설을 읽을 때에는 기본서를 정독하듯이 해야 하고, 역시 중요한 부분에 대해서는 나름대로 Underline을 하거나 표시를 해 두어야 한다. 해설 부분이 별개의 지문으로 출제될 가능성도 매우 크다는것을 놓치면 안 된다.
3) 만약에 해설만으로 이해가 안 갈 경우에는 반드시 기본서를 찾아서 관련된 부분을 정독해서 완벽하게 이해를 해야 한다. 이 때 기본서로서는 “형사소송법요론”을 추천한다.
② 제2단계➝반복을 통한 철저한 암기
제1단계를 통해서 실력이 비약적으로 향상되었을 뿐만 아니라, 내가 아는 부분과 잘 모르는 부분도 명확하게 드러났다. 중요한 부분, 잘 모르는 부분들이 결국은 실제 시험에서 나의 점수를 좌우한다. 그러므로 이제부터는 체크된 부분을 철저하게 암기하는 것이 중요하다. 암기는 반복을 통해서 이루어진다.
※ 기출처 표시 방법 ※
1. 변호사시험은 2012년 문제부터 2019년 문제까지 수록하였고, “변시”로 표시함
2. 검찰, 법원, 경찰 등의 시험과 여러 모의고사에서 최근 5년간에 1~2회 출제된 것은 별표 1개(★),
3~4회 출제된 것은 별표 2개(★★), 그리고 5회 이상 출제된 것은 별표 3개(★★★)로 표시함
- 목 차 -
▸ 1. 형사소송법의 일반이론 ·················································································· 3
▸ 2. 수사의 기본개념 ·························································································· 20
▸ 3. 수사의 개시 ································································································ 31
▸ 4. 수사의 방법 ································································································ 67
▸ 5. 대인적 강제수사 ·························································································· 91
▸ 6. 대물적 강제수사 ························································································ 142
▸ 7. 수사상의 증거보전 ····················································································· 198
▸ 8. 수사의 종결 ······························································································ 208
▸ 9. 공소와 공소권이론 ····················································································· 220
▸ 10. 공소제기의 기본원칙 ················································································ 224
▸ 11. 공소제기의 방식 ······················································································ 237
▸ 12. 공소제기의 효과 ······················································································ 255
▸ 13. 공소시효 ································································································· 259
▸ 14. 법 원 ····································································································· 276
▸ 15. 검 사 ····································································································· 297
▸ 16. 피고인 ···································································································· 300
▸ 17. 변호인 ···································································································· 314
▸ 18. 소송행위 ································································································· 332
▸ 19. 소송조건 ································································································· 346
▸ 20. 공판절차의 기본원칙 ················································································ 348
▸ 21. 공판심리의 범위 ······················································································ 352
▸ 22. 공판준비절차 ··························································································· 377
▸ 23. 공판정에서의 심리 ··················································································· 388
▸ 24. 증거조사와 강제처분 ················································································ 396
▸ 25. 공판절차의 특칙 ······················································································ 435
▸ 26. 증거법의 기본개념 ··················································································· 461
▸ 27. 증명의 기본원칙 ······················································································ 464
▸ 28. 위법수집증거배제법칙 ··············································································· 480
▸ 29. 자백배제법칙 ··························································································· 499
▸ 30. 전문법칙 ································································································· 505
▸ 31. 당사자의 동의와 증거능력 ········································································· 583
▸ 32. 탄핵증거 ································································································· 595
▸ 33. 자백보강법칙 ··························································································· 600
▸ 34. 공판조서의 증명력 ··················································································· 613
▸ 35. 재판의 기본개념 ······················································································ 617
▸ 36. 종국재판 ································································································· 619
▸ 37. 재판의 확정과 효력 ·················································································· 634
▸ 38. 소송비용 ································································································· 647
▸ 39. 상소의 일반이론 ······················································································ 649
▸ 40. 항 소 ····································································································· 687
▸ 41. 상 고 ····································································································· 705
▸ 42. 항 고 ····································································································· 713
▸ 43. 재 심 ····································································································· 721
▸ 44. 비상상고 ································································································· 737
▸ 45. 약식절차 ································································································· 740
▸ 46. 즉결심판절차 ··························································································· 748
▸ 47. 소년에 대한 특별절차 ··············································································· 756
▸ 48. 피해자 보호절차 ······················································································ 760
▸ 49. 재판의 집행 ···························································································· 764
▸ 50. 형사보상과 명예회복 ················································································ 770
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