2026 Bestlo 형사소송법 단문정리 두문자 X노트

경찰승진대비

정주형 저자(글)

네오고시뱅크 · 2025년 04월 03일

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저자(글) 정주형

서울대학교 법과대학 졸업, 서울대학교 대학원 형사법과정 수료했다. 서남대학교 객원 교수(형사법), 평생진흥교육원 학점은행 형사법 교강사, 한림법학원 형법 및 형사소송법 전임, 한림유레카 로스쿨학원 형사법 전임이다.

목차

• 01 실체진실주의 ··························································································································· 12
  02 적정절차원칙 ·························································································································· 14
  03 신속한 재판의 원칙 ················································································································ 16
  04 국선변호인 ····························································································································· 18
  05 검사와 사법경찰관리와의 관계 ································································································ 20
  06 피의자의 소송법상 지위와 권리 ······························································································ 24
  07 수사의 의의와 한계 ················································································································ 26
  08 불심검문 ································································································································ 28
  09 친고죄의 고소 ························································································································ 32
  10 친고죄의 고소전 수사 ············································································································· 36
  11 고소의 취소 ···························································································································· 38
  12 고소의 포기 ···························································································································· 40
  13 고소와 고발의 이동 ················································································································· 42
  14 감청(도청) ······························································································································ 44
  15 피의자신문 ······························································································································ 46
  16 수사상 영상녹화 및 영상녹화물의 증거능력 ············································································· 48
  17 임의수사의 본질과 한계 ·········································································································· 50
  18 임의동행 ································································································································· 52
  19 거짓말탐지기검사의 증거능력 ·································································································· 56
  20 영장주의 ································································································································ 60
  21 피의자의 체포와 구속의 요건 ·································································································· 64
  22 영장에 의한 체포 ··················································································································· 66
  23 긴급체포 ································································································································ 68
  24 긴급체포되어 구속된 자의 수사상 방어권 ················································································ 70
  25 현행범인 체포 ························································································································· 72
  26 구속전피의자심문(영장실질심사) ······························································································ 74
  27 이중구속과 별건구속 ··············································································································· 76
  28 체포·구속적부심사제도 ·········································································································· 80
  29 보증금납입부 피의자석방제도 ·································································································· 82
  30 (피고인) 보석 ························································································································· 84
  31 수사상 압수·수색의 절차 ······································································································· 88
  32 압수물의 가환부와 환부 ·········································································································· 92
  33 압수·수색·검증에 있어서 영장주의 예외 ·············································································· 96
  34 긴급체포시의 압수·수색·검증 ····························································································· 100
  35 임의제출물 등의 압수 ··········································································································· 102
  36 신체검사 ······························································································································· 104
  37 수사상 증거보전(제184조, 제221조의2) ·················································································· 108
  38 수사상 준항고(제417조) ········································································································· 112
  39 수사에 대한 사법적 통제 ······································································································· 114
  40 위법수사의 구제 ··························································································································· 116
  41 인신구속과 인권보장 ·············································································································· 118
  42 공소제기후 수사 ···················································································································· 120
  43 공소제기 후 임의수사 ············································································································ 124
  44 증거재판주의 ························································································································ 126
  45 엄격한 증명의 대상 ··············································································································· 130
  46 거증책임 ······························································································································· 132
  47 자유심증주의와 그 예외 ········································································································ 136
  48 자백배제법칙 ·························································································································· 140
  49 약속에 의한 자백 ·················································································································· 144
  50 독수과실이론 ························································································································ 146
  51 검사작성 피신조서 ················································································································· 148
  52 사경작성 피신조서 ················································································································ 152
  53 진술조서의 증거능력 ············································································································· 156
  54 진술서의 증거능력 ················································································································ 160
  55 수사기관 작성 검증조서 ········································································································ 162
  56 녹음테이프의 증거능력 ·········································································································· 166
  57 감정서 ·································································································································· 170
  58 제314조를 논함 ······················································································································· 172
  59 당연히 증거능력있는 서류 ······································································································· 176
  60 전문진술의 증거능력 ············································································································· 178
  61 조사자증언 ···························································································································· 182
  62 탄핵증거 ······························································································································· 184
  63 공판조서의 증거능력과 증명력 ······························································································ 188
  64 공소권남용 ···························································································································· 192
  65 불기소처분 ···························································································································· 194
  66 기소독점주의 ························································································································ 196
  67 재정신청 ······························································································································· 198
  68 공소장일본주의 ···················································································································· 200
  69 간이공판절차 ························································································································ 202
  70 변호인의 형사기록기록 열람·등사권 ···················································································· 204
  71 증인적격 ·······························································································································206
  72 참고인과 증인의 지위비교 ····································································································· 208
  73 증인의 권리와 의무 ··············································································································· 210
  74 즉결심판절차 ························································································································· 214

책 속으로

머리말

사례가 본격적으로 출제된 2008년 이후 단문은 30점과 20점 문제로 구성되던 것이 2024년도에는 25점 2문제 로 변화를 겪다가, 2025년도에는 다시 30점과 20점 2문제로 출제되었다.
2025년 경정승진시험은 지방청별로의 채점이라는 큰 변화를 겪게 되었다. 그래서, 많은 현직분들은 지방청별 로 자의적으로 채점을 하면 어쩌나 걱정이 많았다. 수험생의 입장에서는 너무 잘 주어도 문제이고 너무 짜게 주 어도 문제이기 때문이다.
그런데, 그러한 걱정은 기우에 불과하였다. 사례와 단문 모두 채점기준표를 작성하여 채점기준표대로만 채점 을 하도록 정형화하였기 때문이다. 이러한 변화는 경찰승진시험이 추구하는 목적에 기여하는 매우 긍정적 역할 을 할 것으로 보인다.
대학교수분들은 단문출제를 매우 싫어한다. 단편적 암기만을 묻는 시험이 되고 채점도 매우 곤란하다는 것이 다. 나아가 경찰수험가의 단문교재들이 학리와 맞지 않는 내용을 써두고 그 내용을 서로 모방하는 과정에서 진 정 알아야할 내용은 외면한 채, 단지 암기의 편의만을 위해 서술된 단문의 내용을 달달 암기하고 그것으로 최고 의 경찰실무가를 뽑는 다는 것에 시험의 효용성을 의심할 수밖에 없었을 것이다.
아침부터 저녁까지 단문을 달달 암기하는 사람을 뽑을 것인가, 아니면 기본적인 지식을 바탕으로 실제 사안의 해결능력이 우수한 인원을 승진시킬 것인가? 굳이 말하지 않더라도 시험승진의 존재의의는 자명하다.
본서의 특성은 한마디로 요약서이고 단순암기서라는 것이다. 단문의 손쉬운 암기를 위해 목차를 정비하고, 많 은 분들이 연습하는 목차중심의 두문자를 만들어 전체 목차를 잡고 답안을 쓸 수 있도록 하였다.
다만, 바뀐 채점제도 하에서 수험생들은 단문학습이 3단계로 이루어져야 한다는 점을 강조하고 싶다.
첫째, 단문내용을 강의 등을 통해 체계적으로 이해하는 것이다. 이해가 바탕이 되어야만 사례학습에도 도움이 될 것이다.
둘째, 목차를 중심으로 핵심내용을 암기하여야 한다. 핵심내용을 암기하는 것만으로 끝나는 경우가 있다. 바로, 사례와의 관련성이 있는 부분에 대해서는 사례를 학습하면서 자연적으로 습득된 내용을 단문답안에 함께 쓰는 것이다.셋째, 기본적인 뼈대가 완성되면 기본교재, 최신판례 기타 다양한 문언을 통해 핵심내용을 스스로 하나둘씩 가 필해 넣는 것이다. 이때 주의할 점은 가필작업은 초반에 이루어져서는 안된다. 본인이 쓸 수 없는 분량을 집어 넣으면 가필이 오히려 독이 되기 때문이다.
결국, 이해 ⇨ 암기 ⇨ 추가라는 방식으로 단문의 학습방법이 전환되어야 한다. 필자 역시 X노트 강의를 2단 계로 나누어 진행하고자 한다. 1단계는 단순암기의 편의를 위한 강의이지만, 2단계 강의는 최근 학계에서 관심 을 갖는 영역을 중심으로 이를 가필하는 내용의 강의이다. 필자가 진행하고 있는 1순환 현장강의에서는 매회 30 분정도 시간을 내어 핵심내용을 가필하는 시간(2단계작업)을 별도로 갖고자 한다.
단문시험의 채점의 변화는 단순히 목차를 암기하여 쓴 경우와 관련내용을 이해하고 많은 내용을 알지만 목차 를 암기하지 못하는 사람이 아는 내용을 최대한 쓰는 경우의 점수 차이가 거의 없다는 점에 특징이 있을 것이 다. 다만, 암기하여 쓰는 경우가 다소간 안정적인 답안을 구성할 수 있음은 자명하다. 고득점은 결국, 기본적인 내용을 암기한 다음, 후반부에 쓸 수 있는 중요내용을 하나씩 가필해 추가하는 데에 있을 것이다.
본서가 나오기까지 많은 분들의 도움이 있었다. 교재의 편집과 유통, 표지제작, 전체적인 교정 등을 함께 해 준 동고동락한 김백선, 홍민교, 이종배, 노채선, 최의식 님과, 필자가 새롭게 도전할 수 있도록 길을 마련해준 지호남, 송영재, 이용구 님에게도 감사의 말씀을 전한다.
강의를 수강한 많은 현직자분들은 필자의 집필방향을 제시하여 주었고 필자에게도 많은 깨달음을 전해주었다. 이러한 독자분들은 수험생이면서도 필자의 스승이 되었음을 고백하며, 본서의 서문을 마무리하기로 한다.

2025년 3월 20일
필자 정주형

기본정보

ISBN	9791192930961
발행(출시)일자	2025년 04월 03일
쪽수	218쪽
크기	180 * 250 mm
총권수	1권