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최단기 최종정리’에 대해서…
첫째, 출제가 집중되는 중요부분 총정리 시험일이 근접한 시점에서 가장 효율적인 공부방법은 중요부분을 중심으로 신속하게 정리를 하는 것이다. 중요부분이란 출제가 자주 되는 부분일 것이다. 이에 본서는 변호사시험, 경찰·검찰·법원 관련 시험의 기출문제에 대한 치밀한 분석을 기초로 출제가 자주 되는 중요부분들을 선택하여 기본서의 체계에 따라 정리를 하였으므로 최종정리를 하는데 최적의 교재가 될 것이다. 중요도는 출제가능성을 고려하여 별표로 표시하였다(★, ★★, ★★★).
둘째, 출제 가능한 최신판례 추가 기출문제만 가지고 공부를 할 경우에는 ‘사각지대’가 발생한다는 문제점이 있다. 그 사각지대란 바로 아직 출제될 시간이 없었던 최신판례이다. 이에 본서에서는 최근 3년간의 판례 중에서 아직 출제되지는 않았지만 출제가능성이 높은 판례들도 같이 정리함으로써 보다 완벽한 최종정리가 될 수 있도록 하였다(<최신>이라고 표시). 2020~2021년에는 종래의 입장을 변경한 대법원 ‘전원합의체 판결’들이 많이 나왔는데, 이들도 모두 반영하였다. 최신판례는 2021년 8월 판례공보까지 반영하였다.
셋째, 2021.12.9.부터 시행되는 개정형법 반영 2021.12.9.부터 시행되는 개정형법은 내용상의 변경은 거의 없고 단지 일부 어려운 한자어를 보다 알기 쉽게 풀어놓은 것에 불과하다(예; 농아자→청각 및 언어 장애인). 그러나 기존의 판례는 개정 전의 형법에 따른 표현을 사용하므로 개정 전의 표현도 알 필요가 있기 때문에 크게 변경된 개정형법의 표현은 괄호 안에 표시하였다.
넷째, 시험 직전 하루에 정리할 수 있도록 준비해야… 본서를 볼 때에는 정답과 해설을 가린 상태에서 개별적인 지문을 정독해서 틀린 것이나 잘 모르는 것에 대해서는 “” 표시를 해야 한다. “”된 부분들이 바로 취약부분이고 고득점을 가로막는 장애물이다. 그러므로 시험 직전에는 “”된 부분을 중심으로 속독으로 1일 만에 정리하는 것이 매우 중요하다. 시험 직전에 본 것일수록 시험장에서 생각이 잘 난다.
2021년 9월 1일 법학박사 신 호 진
1. 형사소송법의 일반이론 ······················································································· 3 2. 수사의 기본개념 ······························································································ 13 3. 수사의 개시 ···································································································· 21 4. 수사의 방법 ···································································································· 41 5. 대인적 강제수사 ······························································································ 56 6. 대물적 강제수사 ······························································································ 89 7. 수사상의 증거보전 ························································································· 125 8. 수사의 종결 ·································································································· 132 9. 공소와 공소권이론 ························································································· 141 10. 공소제기의 기본원칙 ····················································································· 143 11. 공소제기의 방식 ··························································································· 151 12. 공소제기의 효과 ··························································································· 161 13. 공소시효 ····································································································· 163 14. 법 원 ·········································································································· 174 15. 검 사 ·········································································································· 185 16. 피고인 ········································································································ 191 17. 변호인 ········································································································ 200 18. 소송행위 ····································································································· 211 19. 소송조건 ····································································································· 219 20. 공판절차의 기본원칙 ····················································································· 221 21. 공판심리의 범위 ··························································································· 224 22. 공판준비절차 ······························································································· 239 23. 공판정에서의 심리 ························································································ 245 24. 증거조사와 강제처분 ····················································································· 250 25. 공판절차의 특칙 ··························································································· 274 26. 증거법의 기본개념 ························································································ 289 27. 증명의 기본원칙 ··························································································· 292 28. 위법수집증거배제법칙 ··················································································· 302 29. 자백배제법칙 ······························································································· 315 30. 전문법칙 ····································································································· 319 31. 당사자의 동의와 증거능력 ············································································· 358 32. 탄핵증거 ····································································································· 366 33. 자백보강법칙 ······························································································· 370 34. 공판조서의 증명력 ························································································ 380 35. 재판의 기본개념 ··························································································· 383 36. 종국재판 ····································································································· 385 37. 재판의 확정과 효력 ······················································································ 394 38. 소송비용 ····································································································· 404 39. 상소의 일반이론 ··························································································· 406 40. 항 소 ·········································································································· 429 41. 상 고 ·········································································································· 444 42. 항 고 ·········································································································· 450 43. 재 심 ·········································································································· 455 44. 비상상고 ····································································································· 468 45. 약식절차 ····································································································· 470 46. 즉결심판절차 ······························································································· 475 47. 소년에 대한 특별절차 ··················································································· 480 48. 피해자 보호절차 ··························································································· 483 49. 재판의 집행 ································································································· 486 50. 형사보상과 명예회복 ····················································································· 490 |
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