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형사소송법상품 상세설명
- 책 소개 -
‘문제로 정리하는 기본서’는 SUB-NOTE 이다!
“문제로 정리하는 기본서”…… 책 제목이 좀 생소한 느낌을 줄 것 같은데, 아래에서는 본서의 취지 및 특징을 설명함으로써 독자들이 본서의 가치를 이해하고 효율적으로 활용할 수 있도록 하고자 한다.
1. 형사소송법이론을 효율적으로 정리하는 방법
형사소송법을 처음 공부하는 경우에는 일단 기본강의를 수강하면서 기본서를 빠짐없이 정독해야 한다. 이 때에는 출제경향이라는 것을 생각할 필요 없이 오직 형사소송법이 어떤 과목인지 그 내용을 철저하게 “이해”하는 데 중점을 두고 공부를 해야 한다.
그러나 어느 정도 공부가 된 다음에는 출제경향을 고려해서 보다 “중요한 부분”에 집중을 할 필요가 있다. 여기서 방대한 내용 중에서 어떤 부분이 출제가능성이 높은 중요 부분인지가 문제되는데, 이에 대한 가장 정확한 답은 “기출문제”에서 찾을 수 있다. 본서는 2012년 이후의 변호사시험 기출문제와 법전협 모의고사문제, 3년간 경찰 등 국가고 시 기출문제를 기초로 하여 여기서 출제된 형사소송법이론문제를 지문별로 분해하여 형사소송법 기본서의 목차순서대로 재배열을 하였다. 이 정도의 범위에서 출제되었던 이론이라면 앞으로도 출제될 가능성이 매우 높고, 반대로 이 정도의 범위에서 출제되지 않은 이론이라면 앞으로도 출제될 가능성은 매우 낮다 . 그러므로 기본강의 수강과 기본서의 정독을 통해서 형사소송법 전반에 대해서 이해를 하였다면, 그 다음부터는 정말로 출제가능성이 높은 중요부분에 집중하는 것이 필요한데, 본서에 수록된 “핵심정리문제” 가 바로 집중해야 할 중요부분이 된다. 본서는 비록 객관식 문제집의 형태를 취했지만, 각 문제와 지문들은 기본서의 체계적 순서에 따라서 질서정연하게 배열을 하였고, 또 동일한 논점끼리 모아서 문제로 재구성을 하였기 때문에 실은 기본서의 내용 중에서 정말 출제가능성이 높은 중요부분을 정리해 놓은 SUB-NOTE라고도 할 수 있다. 그래서 문제의 형식으로 기본서의 중요부분을 체계적으로 정리할 수 있다는 점에서 책의 이름을 “문제로 정리하는 기본서”라고 붙이게 된 것이다.
2. 형사소송법판례를 효율적으로 정리하는 방법
최근에는 어떤 시험이든지 판례의 비중이 매우 높은데, 방대한 분량의 판례를 어떻게 효율적으로 정리할 것인지가 문제된다. 본서는 이에 대한 대책도 역시 “기출문제”에서 찾았다. 그래서 최근 5년간의 변호사시험 및 법전협 모의고사에서 출제되었던 판례와 경찰 등 다른 국가고시 최근 3년간의 기출문제에서 출제되었던 판례를 빠짐없이 골라내어 역시 기본서의 체계적 순서에 따라서 재배열을 하였다. 이 정도의 범위에서 출제되었던 판례는 앞으로도 출제가능성이 클 것이고, 반대로 이 정도의 범위에서 출제되지 않았던 판례는 앞으로도 출제가능성이 낮을 것이다.
그런데 기출판례를 중시할 경우에는 간과되기 쉬운 사각지대가 있음을 주의할 필요가 있다. 그것은 바로 “최신판례”들이다. 최신판례일수록 출제가능성이 매우 높은데, 이러한 최신판례들은 나온지 얼마 안 되어서 아직 문제로 출제될 기회가 별로 없었기 때문에 기출문제에 충분히 반영되어 있지 않다. 이에 본서에서는 “핵심정리문제” 다음에 “최신 3년간의 판례”를 별도로 정리하여 최신판례의 높은 출제가능성에 완벽하게 대비 할 수 있도록 하였다. 최신판례는 본서에 수록될 수 없는 시험일 직전까지의 것도 공부해야 하는데, 편저자는 7월 경 2016년 1월부터 6월까지의 최신판례를 정리한 자료와 그에 대한 해설 강의를 계획하고 있고, 그 이후부터의 판례도 지속적으로 업데이트를 할 예정이니 편저자의 홈페이지를 참고해서 중요한 최신판례에 대한 정보를 놓치지 않았으면 한다.
3. 중요부분에 집중하는 것이 고득점의 비결
시험공부를 할 때 “빠짐없이” 공부하는 것은 당연히 필요하며, 특히 초보자의 경우에 는 전체적인 내용의 이해를 위해서도 이 과정은 필수적인 것이다. 그러나 어느 정도 공부가 된 후 시험이 가까운 시점에서는 빠짐없이 공부하는 것보다는 “중요한 부분에 집중”하는 것이 훨씬 더 효율적이다. 편저자의 “형사소송법요론”과 “기본강의”가 전자를 위한 것이라면, 본 “문제로 정리하는 기본서”와 이에 대한 “강의”(6월 중 온라인 개강)는 후자에 중점을 둔 것이다. 본서를 읽을 때에는 항상 기본서를 옆에 두고 본서의 해설만으로는 이해가 안 되거나 좀 더 기억을 되살릴 부분이 있을 경우에는 항상 그 기본서를 펼쳐서 해당 부분을 발췌해서 읽어야 한다 . 이렇게 본서에 담긴 지문 하나하나를 철저하게 소화하고, 다시 수차례 반복한다면 도리어 기본서에 대한 이해도도 더욱 높아질 것이고, 의외의 문제에 대한 대처능력도 크게 향상될 것이다. (※ 지문 뒤의 ★ 표는 최근 5년간에 출제된 회수를 의미한다. 중요도 판단에 기준이 될 것이다.)
본서의 출간을 위해서 작년부터 많은 시간과 노력을 들였는데, 본서의 특징과 취지를 잘 이해하고, 효율적인 활용을 통해서 합격의 영광을 누리기를 간절히 기원한다.
2016.4. 18. 신호진
- 목 차 -
1. 형사소송법의 일반이론 ····················································································· 3
2. 수사의 기본개념 ······························································································ 5
3. 수사의 개시 ··································································································· 10
4. 수사의 방법 ··································································································· 20
5. 대인적 강제수사 ····························································································· 27
6. 대물적 강제수사 ····························································································· 45
7. 수사상의 증거보전 ·························································································· 70
8. 수사의 종결 ··································································································· 74
9. 공소와 공소권이론 ·························································································· 77
10. 공소제기의 기본원칙 ····················································································· 79
11. 공소제기의 방식 ··························································································· 88
12. 공소제기의 효과 ··························································································· 96
13. 공소시효 ····································································································· 98
14. 법 원 ········································································································ 108
15. 검 사 ········································································································ 117
16. 피고인 ······································································································· 119
17. 변호인 ······································································································· 125
18. 소송행위 ···································································································· 134
19. 소송조건 ···································································································· 140
20. 공판절차의 기본원칙 ··················································································· 142
21. 공판심리의 범위 ························································································· 144
22. 공판준비절차 ······························································································ 161
23. 공판정에서의 심리 ······················································································ 168
24. 증거조사와 강제처분 ··················································································· 171
25. 공판절차의 특칙 ························································································· 184
26. 증명의 기본원칙 ························································································· 196
27. 위법수집증거배제법칙 ·················································································· 206
28. 자백배제법칙 ······························································································ 218
29. 전문법칙 ···································································································· 222
30. 당사자의 동의와 증거능력 ············································································ 272
31. 탄핵증거 ···································································································· 277
32. 자백보강법칙 ······························································································ 279
33. 공판조서의 증명력 ······················································································ 284
34. 재판의 기본개념 ························································································· 286
35. 종국재판 ···································································································· 288
36. 재판의 확정과 효력 ····················································································· 295
37. 소송비용 ···································································································· 307
38. 상소의 일반이론 ························································································· 309
39. 항 소 ········································································································ 329
40. 상 고 ········································································································ 338
41. 항 고 ········································································································ 341
42. 재 심 ········································································································ 345
43. 비상상고 ···································································································· 359
44. 약식절차 ···································································································· 361
45. 즉결심판절차 ······························································································ 367
46. 소년에 대한 특별절차 ·················································································· 370
47. 피해자 보호절차 ························································································· 372
48. 재판의 집행 ······························································································· 374
49. 형사보상과 명예회복 ··················································································· 376
‘문제로 정리하는 기본서’는 SUB-NOTE 이다!
“문제로 정리하는 기본서”…… 책 제목이 좀 생소한 느낌을 줄 것 같은데, 아래에서는 본서의 취지 및 특징을 설명함으로써 독자들이 본서의 가치를 이해하고 효율적으로 활용할 수 있도록 하고자 한다.
1. 형사소송법이론을 효율적으로 정리하는 방법
형사소송법을 처음 공부하는 경우에는 일단 기본강의를 수강하면서 기본서를 빠짐없이 정독해야 한다. 이 때에는 출제경향이라는 것을 생각할 필요 없이 오직 형사소송법이 어떤 과목인지 그 내용을 철저하게 “이해”하는 데 중점을 두고 공부를 해야 한다.
그러나 어느 정도 공부가 된 다음에는 출제경향을 고려해서 보다 “중요한 부분”에 집중을 할 필요가 있다. 여기서 방대한 내용 중에서 어떤 부분이 출제가능성이 높은 중요 부분인지가 문제되는데, 이에 대한 가장 정확한 답은 “기출문제”에서 찾을 수 있다. 본서는 2012년 이후의 변호사시험 기출문제와 법전협 모의고사문제, 3년간 경찰 등 국가고 시 기출문제를 기초로 하여 여기서 출제된 형사소송법이론문제를 지문별로 분해하여 형사소송법 기본서의 목차순서대로 재배열을 하였다. 이 정도의 범위에서 출제되었던 이론이라면 앞으로도 출제될 가능성이 매우 높고, 반대로 이 정도의 범위에서 출제되지 않은 이론이라면 앞으로도 출제될 가능성은 매우 낮다 . 그러므로 기본강의 수강과 기본서의 정독을 통해서 형사소송법 전반에 대해서 이해를 하였다면, 그 다음부터는 정말로 출제가능성이 높은 중요부분에 집중하는 것이 필요한데, 본서에 수록된 “핵심정리문제” 가 바로 집중해야 할 중요부분이 된다. 본서는 비록 객관식 문제집의 형태를 취했지만, 각 문제와 지문들은 기본서의 체계적 순서에 따라서 질서정연하게 배열을 하였고, 또 동일한 논점끼리 모아서 문제로 재구성을 하였기 때문에 실은 기본서의 내용 중에서 정말 출제가능성이 높은 중요부분을 정리해 놓은 SUB-NOTE라고도 할 수 있다. 그래서 문제의 형식으로 기본서의 중요부분을 체계적으로 정리할 수 있다는 점에서 책의 이름을 “문제로 정리하는 기본서”라고 붙이게 된 것이다.
2. 형사소송법판례를 효율적으로 정리하는 방법
최근에는 어떤 시험이든지 판례의 비중이 매우 높은데, 방대한 분량의 판례를 어떻게 효율적으로 정리할 것인지가 문제된다. 본서는 이에 대한 대책도 역시 “기출문제”에서 찾았다. 그래서 최근 5년간의 변호사시험 및 법전협 모의고사에서 출제되었던 판례와 경찰 등 다른 국가고시 최근 3년간의 기출문제에서 출제되었던 판례를 빠짐없이 골라내어 역시 기본서의 체계적 순서에 따라서 재배열을 하였다. 이 정도의 범위에서 출제되었던 판례는 앞으로도 출제가능성이 클 것이고, 반대로 이 정도의 범위에서 출제되지 않았던 판례는 앞으로도 출제가능성이 낮을 것이다.
그런데 기출판례를 중시할 경우에는 간과되기 쉬운 사각지대가 있음을 주의할 필요가 있다. 그것은 바로 “최신판례”들이다. 최신판례일수록 출제가능성이 매우 높은데, 이러한 최신판례들은 나온지 얼마 안 되어서 아직 문제로 출제될 기회가 별로 없었기 때문에 기출문제에 충분히 반영되어 있지 않다. 이에 본서에서는 “핵심정리문제” 다음에 “최신 3년간의 판례”를 별도로 정리하여 최신판례의 높은 출제가능성에 완벽하게 대비 할 수 있도록 하였다. 최신판례는 본서에 수록될 수 없는 시험일 직전까지의 것도 공부해야 하는데, 편저자는 7월 경 2016년 1월부터 6월까지의 최신판례를 정리한 자료와 그에 대한 해설 강의를 계획하고 있고, 그 이후부터의 판례도 지속적으로 업데이트를 할 예정이니 편저자의 홈페이지를 참고해서 중요한 최신판례에 대한 정보를 놓치지 않았으면 한다.
3. 중요부분에 집중하는 것이 고득점의 비결
시험공부를 할 때 “빠짐없이” 공부하는 것은 당연히 필요하며, 특히 초보자의 경우에 는 전체적인 내용의 이해를 위해서도 이 과정은 필수적인 것이다. 그러나 어느 정도 공부가 된 후 시험이 가까운 시점에서는 빠짐없이 공부하는 것보다는 “중요한 부분에 집중”하는 것이 훨씬 더 효율적이다. 편저자의 “형사소송법요론”과 “기본강의”가 전자를 위한 것이라면, 본 “문제로 정리하는 기본서”와 이에 대한 “강의”(6월 중 온라인 개강)는 후자에 중점을 둔 것이다. 본서를 읽을 때에는 항상 기본서를 옆에 두고 본서의 해설만으로는 이해가 안 되거나 좀 더 기억을 되살릴 부분이 있을 경우에는 항상 그 기본서를 펼쳐서 해당 부분을 발췌해서 읽어야 한다 . 이렇게 본서에 담긴 지문 하나하나를 철저하게 소화하고, 다시 수차례 반복한다면 도리어 기본서에 대한 이해도도 더욱 높아질 것이고, 의외의 문제에 대한 대처능력도 크게 향상될 것이다. (※ 지문 뒤의 ★ 표는 최근 5년간에 출제된 회수를 의미한다. 중요도 판단에 기준이 될 것이다.)
본서의 출간을 위해서 작년부터 많은 시간과 노력을 들였는데, 본서의 특징과 취지를 잘 이해하고, 효율적인 활용을 통해서 합격의 영광을 누리기를 간절히 기원한다.
2016.4. 18. 신호진
- 목 차 -
1. 형사소송법의 일반이론 ····················································································· 3
2. 수사의 기본개념 ······························································································ 5
3. 수사의 개시 ··································································································· 10
4. 수사의 방법 ··································································································· 20
5. 대인적 강제수사 ····························································································· 27
6. 대물적 강제수사 ····························································································· 45
7. 수사상의 증거보전 ·························································································· 70
8. 수사의 종결 ··································································································· 74
9. 공소와 공소권이론 ·························································································· 77
10. 공소제기의 기본원칙 ····················································································· 79
11. 공소제기의 방식 ··························································································· 88
12. 공소제기의 효과 ··························································································· 96
13. 공소시효 ····································································································· 98
14. 법 원 ········································································································ 108
15. 검 사 ········································································································ 117
16. 피고인 ······································································································· 119
17. 변호인 ······································································································· 125
18. 소송행위 ···································································································· 134
19. 소송조건 ···································································································· 140
20. 공판절차의 기본원칙 ··················································································· 142
21. 공판심리의 범위 ························································································· 144
22. 공판준비절차 ······························································································ 161
23. 공판정에서의 심리 ······················································································ 168
24. 증거조사와 강제처분 ··················································································· 171
25. 공판절차의 특칙 ························································································· 184
26. 증명의 기본원칙 ························································································· 196
27. 위법수집증거배제법칙 ·················································································· 206
28. 자백배제법칙 ······························································································ 218
29. 전문법칙 ···································································································· 222
30. 당사자의 동의와 증거능력 ············································································ 272
31. 탄핵증거 ···································································································· 277
32. 자백보강법칙 ······························································································ 279
33. 공판조서의 증명력 ······················································································ 284
34. 재판의 기본개념 ························································································· 286
35. 종국재판 ···································································································· 288
36. 재판의 확정과 효력 ····················································································· 295
37. 소송비용 ···································································································· 307
38. 상소의 일반이론 ························································································· 309
39. 항 소 ········································································································ 329
40. 상 고 ········································································································ 338
41. 항 고 ········································································································ 341
42. 재 심 ········································································································ 345
43. 비상상고 ···································································································· 359
44. 약식절차 ···································································································· 361
45. 즉결심판절차 ······························································································ 367
46. 소년에 대한 특별절차 ·················································································· 370
47. 피해자 보호절차 ························································································· 372
48. 재판의 집행 ······························································································· 374
49. 형사보상과 명예회복 ··················································································· 376
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◇ 교환/반품 주소: 서울시 관악구 신림로 28길 81 서점 북라인
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