Case 1 [12-Byeonsi (1)-1] 2012 1st Bar Examination, Question 1

Ⅰ.
Question 1 - Criminal Liability of Party A · 4
1.
Problem Statement 4
2.
Act 4 of inflicting injury on police officer P1
3.
9. Purchasing clothes using a credit card
4.
11. Withdrawing cash from an ATM using a cash card
5.
Question 15: Solution to the Survey
Ⅱ.
Article 2 - Criminal Liability of Person B · 15
1.
Whether the crime of robbery and assault is established 15
2.
Whether the crime of obstruction of special public duties resulting in death is established 18
3.
Whether the crime of absconding is established 18
4.
Question 19
Ⅲ.
Question 3 - Evidential Ability of Seized Credit Cards · 19
1.
Problem Statement 19
2.
Review of search and seizure at the scene of arrest 20
3.
Emergency seizure and search during emergency arrest 21
4.
Question 22
Ⅳ.
Article 4 - Scope and Measures of Appeals · 22
1.
Problem Statement 22
2.
Scope and Measures of Appeals 23
3.
Question 25
[Review] 2012 First Bar Exam, Question 1, Question 27

Case 2 [12-Byeonsi (1)-2] 2012 1st Bar Examination, Question 2

Ⅰ.
Question 1 - Criminal Liability of A and B · 39
1.
Problem Statement 39
2.
A's criminal responsibility 39
3.
Criminal responsibility of B 43
Ⅱ.
Article 2 - Criminal Liability of C and D · 49
1.
Criminal responsibility of B 49
2.
Ding's criminal responsibility 50
Ⅲ.
Article 3 - Requirements for Evidence · 50
1.
Question 3 (1) - 50 memoranda confiscated by P1
2.
Question 3 (2) - Tape 56 recording a telephone conversation containing threats
3.
Question 3 (2) - 60 photos of threatening cell phone messages
4.
Question 3 (3) - Questionnaire of suspect B prepared by the prosecutor 62
Ⅳ.
Question 4: The evidentiary value of B's ​​confession · 63
1.
Issue 63: Admissibility of Illegally Obtained Evidence
2.
Confession to the Police 64
3.
Confession at the Prosecution 64
[Review] 2012 First Bar Exam, Question 2, Question 67

Case 3 [13-Byeonsi (2)-1] 2013 2nd Bar Examination, Question 1

Ⅰ.
Question 1 - Criminal Liability of A, B, C, and D · 78
1.
Problem Statement 78
2.
Criminal liability of A, B, and C 78
3.
Ding's criminal responsibility 80
4.
Question 84
Ⅱ.
Article 2 - Criminal Liability of P and C · 84
1.
Problem Statement 84
2.
Criminal responsibility of B85
3.
P's criminal liability 86
4.
Question 87
Ⅲ.
Question 3: Whether or not A's qualification as a witness and right to refuse to testify are recognized · 87
1.
Problem Statement 87
2.
Whether A is qualified as a witness 87
3.
Whether or not A's right to refuse to testify is recognized 88
4.
Question 89
Ⅳ.
Article 4 - The Legal Nature of the Court's Request for Amendment to the Indictment · 89
1.
Problem Statement 89
2.
Whether the facts of the indictment for dereliction of duty and absconding are identical 90
3.
Whether the court's request for amendment of the indictment is mandatory 91
V.
Question 5 - Whether to re-indict for facts recognized as identical to the facts in the indictment · 92
[Review] 2013 2nd Bar Exam, Question 1, Question 93

Case 4 [13-Byeonsi (2)-2] 2013 2nd Bar Examination, Question 2

Ⅰ.
Question 1 - Criminal Liability of A, B, and D · 103
1.
Problem Statement 103
2.
Criminal responsibility of C 103
3.
Ding's criminal responsibility 106
4.
A's criminal responsibility 112
5.
Question 116
Ⅱ.
Article 2 - The Evidential Admissibility of Recorded Tapes, Statements, and Statements Contradicting Witnesses · 116
1.
Evidence of Recorded Tapes 116
2.
The evidentiary power of Ding's autobiography 119
3.
Evidence of the Second Statement of the Inspector General for A 120
Ⅲ.
Article 3 - Application for and Measures to Change the Indictment to a Collaborative Case in an Appeal · 121
1.
Problem Statement 121
2.
121. Approval or rejection of amendment to indictment in appeal
3.
Whether the facts of the indictment are identical 122
4.
Change from a single-party case to a collegial case and its corresponding measures 123
Ⅳ.
Article 4 - Appeal against the decision to dismiss the entrapment investigation and witness request · 124
1.
124 Request for Entrapment Investigation
2.
Appeal against the decision to dismiss the witness application 128
[Review] 2013 2nd Bar Exam, Question 2, Question 131

Case 5 [14-Byeonsi (3)-1] 2014 3rd Bar Examination, Question 1

Ⅰ.
Question 1 - Criminal Liability of A, B, C, and D · 140
1.
Problem Statement 140
2.
A's criminal responsibility 141
3.
Criminal responsibility of B 150
4.
Criminal responsibility of C 153
5.
Ding's criminal responsibility 154
6.
Question 156
Ⅱ.
Article 2 - The Legality of Investigation After Filing a Public Prosecution · 156
1.
Problem Statement 156
2.
The Legality of Compulsory Investigation After Filing a Public Prosecution 157
3.
Evidential ability of business ledgers and seizure records 158
Ⅲ.
Article 3 - Amendment of the Indictment, Handling of Additional Indictments for Comprehensive Crimes, and Grounds for Disqualification · 161
1.
Question 3 (1) - Approval or rejection of amendment to the indictment 161
2.
Question 3 (2) - The legality of additional prosecutions against some habitual offenders and the court's measures 163
3.
Question 3 (3) - Grounds for Disqualification and Absolute Grounds for Appeal 165
[Review] 2014 3rd Bar Exam, Question 1, Question 167

Case 6 [14-Byeonsi (3)-2] 2014 3rd Bar Examination, Question 2

Ⅰ.
Question 1 - Criminal Liability of A and B · 176
1.
Problem Statement 176
2.
A's criminal responsibility 176
3.
Criminal responsibility of B 185
Ⅱ.
Question 2: The Legality of P's Emergency Arrest and the Seizure of His Bankbook and Philopon · 193
1.
The Legality of Emergency Arrests 193
2.
The Legality of Seizing Deposit Books 194
3.
The Legality of Seizure of Philopon 195
Ⅲ.
Article 3 - Measures Prosecutors Can Take to Obtain Statements from Witnesses · 197
1.
Problem Statement 197
2.
Request for Witness Interrogation in Investigation 197
3.
Request for Preservation of Evidence 198
Ⅳ.
Article 4 - Admissibility of Video Recordings of Suspect Statements, Prosecutor's Investigative Officer's Testimony, and Accomplice's Statements in Court · 198
1.
Evidence of the video recording of B's ​​statement 198
2.
The evidentiary value of Prosecutor T's testimony 200
3.
The evidentiary capacity of A's legal statement 200
[Review] 2014 3rd Bar Exam, Question 2, Question 203

Case 7 [15-Byeonsi (4)-1] 2015 4th Bar Examination, Question 1

Ⅰ.
Question 1 - Criminal Liability of A, B, and C · 212
1.
A's criminal responsibility 212
2.
Criminal responsibility of B 214
3.
Criminal responsibility of B 219
4.
Question 220
Ⅱ.
Question 2 - Regarding the Complaint · 220
1.
Question 2 (1) - Principle of Inseparability of Prosecutions 220
2.
Question 2 (2) 220
[Review] 2015 4th Bar Exam, Question 1, Question 223

Case 8 [15-Byeonsi (4)-2] 2015 4th Bar Examination, Question 2

Ⅰ.
Question 1 - Argument for denying A's joint crime of assault resulting in death and recognizing only criminal responsibility for assault · 230
1.
Problem Statement 230
2.
Denial of the establishment of joint offender in the resulting aggravated crime 230
3.
Denial of causality and foreseeability of the outcome of death 232
4.
Question 233
Ⅱ.
Article 2 - 2) Criminal responsibility of A for the criminal facts · 233
1.
Problem Statement 233
2.
Whether the crime of forgery of public documents and the crime of using forged public documents are established 233
3.
Whether the crime of forgery of private documents and the crime of using forged private documents are established 234
4.
Whether or not fraud has been committed 235
5.
Questionnaire Solution 235
Ⅲ.
Article 3 - Criminal Responsibility of A and B for the Criminal Facts in Section 3 · 235
1.
Problem Statement 235
2.
236 Cases corresponding to assault in extortion
3.
238 Cases corresponding to assault in robbery
Ⅳ.
Article 4 - Limitations on Amending the Indictment · 239
1.
Problem Statement 239
2.
Discussion on the Limitations of Amending the Indictment 239
3.
Question 240
V.
Article 5 - Evidential Admissibility of Records of the Defendant's Interrogation After the Filing of the Indictment · 241
1.
Problem Statement 241
2.
241. Whether to allow the defendant to be questioned after the indictment is filed
3.
Evidence of the statement prepared after the defendant's examination 242
4.
Question 244
Ⅵ.
Question 6: Whether the statute of limitations for C's crime has expired · 245
1.
Problem Statement 245
2.
Criminal liability and statute of limitations for C 245
3.
Whether the statute of limitations is suspended 246
4.
Questionnaire Solution 247
[Review] 2015 4th Bar Exam, Question 2, Question 249

Case 9 [16-Byeonsi (5)-1] 2016 5th Bar Examination, Question 1

Ⅰ.
Question 1 - Criminal Liability of A and B · 260
1.
Problem Statement 260
2.
A's criminal responsibility 260
3.
Criminal responsibility of B 266
Ⅱ.
Article 2: The Legality of the Seizure and Search of Black Boxes and Their Evidential Capacity · 269
1.
Whether the requirements for search and seizure without a warrant are met during an emergency arrest 269
2.
Legality of Nighttime Seizures and Searches 269
3.
Question 270
Ⅲ.
Article 3 - Arrest of a Detained Suspect Who Refused to Appear · 271
1.
Problem Statement 271
2.
Conflicting Views on the Possibility of Recruiting a Detained Suspect for Questioning 271
3.
Case 272
4.
Question 272
Ⅳ.
Article 4 - The Admissibility of Expert Evidence · 273
1.
Problem Statement 273
2.
Admissibility of Expert Evidence 273
3.
Question 273
[Review] 2016 5th Bar Exam, Question 1, Question 275

Case 10 [16-Byeonsi (5)-2] 2016 5th Bar Examination, Question 2

Ⅰ.
Question 1: Criminal liability of A and B, the defense attorney's argument for innocence, and whether the CEO constituted an accessory · 285
1.
Question 1 - 1) Criminal responsibility of A and B and the defense attorney's argument for innocence 285
2.
Question 1, B-2) Criminal responsibility of A and B for facts 288
3.
Question 1 - 2) Whether the CEO is an aiding and abetting the facts 291
Ⅱ.
Article 2 - The Evidentiary Admissibility of the Defense Counsel's Review Opinion · 292
1.
Problem Statement 292
2.
Whether Attorney-Client Privilege Can Be Recognized 293
3.
Whether it is expert evidence 295
4.
Whether the requirements of Article 313, Paragraph 1 of the Criminal Procedure Act are met 298
5.
Attorney L's Exercise of the Right to Refuse to Testify and the Application of Article 314 of the Criminal Procedure Act 299
6.
Question 300 Solution
Ⅲ.
Question 3: Whether the principle of indivisibility of prosecution applies to crimes not punishable by a complaint without a complaint · 300
1.
Problem Statement 300
2.
Whether the principle of indivisibility of prosecution applies to crimes not punishable by a complaint without a complaint 301
3.
Questionnaire Solution 301
Ⅳ.
Article 4 - 3) Criminal Liability of C Regarding Facts · 302
1.
Problem Statement 302
2.
The Relationship Between Extortion and Bribery 302
3.
Question 302
V.
Article 5 - Citizen Participation Trial · 303
1.
Question 5 - Deadline for Defendant to Apply for Citizen Participation Trial 303
2.
Question 5: The Judgment of the First Trial and the Appeal of the Citizens' Participation Trial 304
[Review] 2016 5th Bar Exam, Question 2, Question 307

Case 11 [17-Byeonsi (6)-1] 2017 6th Bar Examination, Question 1

Ⅰ.
Question 1 - Criminal Liability of A, B, C, and D · 316
1.
Problem Statement 316
2.
A's criminal responsibility 316
3.
Criminal responsibility of B 318
4.
Criminal responsibility of C 321
5.
Ding's criminal responsibility 323
6.
Question 324
Ⅱ.
Article 2 - Ding's criminal responsibility for A's death · 325
1.
Problem Statement 325
2.
Whether the crime of murder by omission is established - Case 326 where A thought that there was nothing he could do even if he died
3.
Whether the crime of abandonment resulting in death is established - Case 328 where A's death was merely foreseeable
4.
Question 330
Ⅲ.
Article 3: Methods of Seizure and Evidence of Electronic Information · 331
1.
Question 3 (1) - Evidential value of scanned files of landscaping contracts 331
2.
Question 3 (2) - Evidential ability of document files 333
Ⅳ.
Article 4: Exclusion of Illegally Obtained Evidence and Exceptions to the Principle of Innocent Negligence · 335
1.
Problem Statement 335
2.
The Legality of the Seizure of the First Deposit/Withdrawal Slips 335
3.
Requirements for the admissibility of evidence in cases where it is returned to A and resubmitted 335
4.
Question 336
[Review] 2017 6th Bar Exam, Question 1, Question 337

Case 12 [17-Byeonsi (6)-2] 2017 6th Bar Examination, Question 2

Ⅰ.
Question 1 - Criminal Liability of A, B, and C · 352
1.
A's criminal responsibility 352
2.
Criminal responsibility of B 354
3.
Criminal responsibility of B 357
4.
Survey Solution 360
Ⅱ.
Question 2: Basis for the elimination of illegality in Ding's assault resulting in bodily harm · 360
1.
Problem Statement 360
2.
360 Whether it is self-defense or not
3.
Whether or not it constitutes a legitimate act 361
4.
Whether it is an emergency evacuation or self-rescue action 361
5.
Question 362
Ⅲ.
Question 3: The Legality of the Seizure of P's Cell Phone · 362
1.
Problem Statement 362
2.
Whether the requirements for seizure of oil assets are met 362
3.
Whether the seizure requirements at the crime scene are met 363
4.
Question 363
Ⅳ.
Article 4: Prosecutors and Courts' Actions in Name Fraud Lawsuits · 363
1.
Problem Statement 363
2.
Scope of Personal Effect of Filing a Public Prosecution in a Name Fraud Lawsuit 364
3.
Prosecutors and Courts' Actions in Identity Fraud Lawsuits 364
4.
Survey Solution 365
V.
Article 5: Permissibility of Partial Appeals and the Scope of Appeals · 365
1.
Problem Statement 365
2.
366 Whether to allow partial appeal of the prosecutor
3.
Scope of Appeals 366
4.
Question 367
[Review] 2017 6th Bar Exam, Question 2, Question 369

Case 13 [18-Byeonsi (7)-1] 2018 7th Bar Examination, Question 1

Ⅰ.
Question 1 - Criminal Liability of A and B · 380
1.
Problem Statement 380
2.
A's criminal responsibility 380
3.
Criminal responsibility of B 382
4.
Question 387
Ⅱ.
Article 2 - Criminal Liability of Person C · 388
Ⅲ.
Article 3 - Judgment on Appeal · 388
1.
Question 3 (1) - Recognition of ex officio reduction in appeals 388
2.
Question 3 (2) - Amendment of the indictment to a crime not punishable by imprisonment without intent in the appeal trial and expression of intent not to punish 390
Ⅳ.
Article 4 - Request for an Arrest Warrant · 391
1.
Question 4 (1) - Prosecutors' Appeal of the Decision to Dismiss an Arrest Warrant 391
2.
Question 4 (2) - Evidential Admissibility of Pre-Arrest Suspect Interrogation Records 392
[Review] 2018 7th Bar Exam, Question 1, Question 393

Case 14 [18-Byeonsi (7)-2] 2018 7th Bar Examination, Question 2

Ⅰ.
Question 1 - Criminal Liability of A, B, and C · 406
1.
Problem Statement 406
2.
Article 406 of A's Criminal Responsibility
3.
Criminal responsibility of B 410
4.
Criminal responsibility of B412
5.
Question 416
Ⅱ.
Question 2 - Evidential Value of Seized CDs · 416
1.
Problem Statement 416
2. Legality of the Seizure of CCTV Video Files 417
3. Evidence of the CD containing copied CCTV video files 417
4.
Question 418
Ⅲ.
Question 3: The evidentiary value of C's statement and testimony · 418
1.
Problem Statement 418
2.
Evidential ability of C's statement 419
3.
The evidentiary value of B's ​​testimony 420
4.
Question 420
Ⅳ.
Article 4: Indictment of Habitual Gambling Offenders and Court Actions Before and After a Final Guilty Verdict · 420
1.
Problem Statement 420
2.
Court action in cases where habitual gambling is indicted before or after a final conviction for gambling 420
3.
Question 422
[Review] 2018 7th Bar Exam, Question 2, Question 423

Case 15 [19-Byeonsi (8)-1] 2019 8th Bar Examination, Question 1

Ⅰ.
Question 1 - Criminal Liability of A, B, C, and D · 434
1.
Problem Statement 434
2.
Criminal responsibility of B and C 434
3.
Article 436 of A's Criminal Responsibility
4.
Article 441 of Ding's Criminal Responsibility
5.
Question 442
Ⅱ.
Question 2: Evidence of the Information Acquired from Deposit Passbooks and Laptop Computers · 442
1.
Evidence of Deposit Books 442
2.
Evidence of Information Acquired from a Laptop Computer 445
3.
Question 448
Ⅲ.
Question 3 - Completion of the statute of limitations for B and C's actions related to theft of ceramics · 448
1.
Statute of Limitations in General 448
2.
449. Date of completion of statute of limitations for B
3.
449. The statute of limitations for C is completed
4.
Question 449
Ⅳ.
Article 4 - The Principle of Prohibition of Unfavorable Changes in Consolidated Cases of Concurrent Offenders · 449
1.
Problem Statement 449
2.
Principle 450 of Prohibition of Unfavorable Changes in Consolidated Cases of Conflicting Offenders
3.
Question 450
[Review] 2019 8th Bar Exam, Question 1, Question 451

Case 16 [19-Byeonsi (8)-2] 2019 8th Bar Examination, Question 2

Ⅰ.
Question 1 - Criminal Liability of A, B, C, and D · 464
1.
Problem Statement 464
2.
A's criminal responsibility 464
3.
Criminal responsibility of B 473
4.
Criminal responsibility of B 477
5.
Article 480 of Ding's Criminal Responsibility
Ⅱ.
Question 2: The Evidential Value of Seized Kitchen Knives · 481
1.
Problem Statement 481
2.
Legality of Seizure 482
3.
The evidentiary power of the kitchen knife 484
4.
Question 484
Ⅲ.
Article 3 - The Evidentiary Capacity of Verification Records · 484
1.
Problem Statement 484
2.
The legality of the verification and the evidentiary capacity of the verification report itself 484
3.
Evidential Power of Scene Photos 485
4.
Evidence of Crime Reenactment Photos 486
5.
Evidence of Confession 486
6.
Question 487
Ⅳ.
Article 4 - The Evidential Value of the Suspect Interrogation Record Prepared by a Judicial Police Officer Regarding an Accomplice and Co-Defendant · 487
1.
Problem Statement 487
2.
Evidence of the Suspect Interrogation Record 487
3.
Whether Article 314 of the Criminal Procedure Act applies 488
4.
Question 489
V.
Article 5: The Legality of Voluntary Accompaniment and the Evidential Admissibility of Statements · 489
1.
Problem Statement 489
2.
Legality of Arbitrary Accompaniment 489
3.
Evidence of Statement 490
4.
Question 491
[Review] 2019 8th Bar Exam, Question 2, Question 493

Case 17 [20-Byeonsi (9)-1] 2020 9th Bar Examination, Question 1

Ⅰ.
Article 1 - Criminal Liability of A in (1) · 510
1.
Problem Statement 510
2.
Act of yelling at A 510
3.
Act 512: Hitting someone on the head with a notebook
4.
Question 513
Ⅱ.
Article 2 - Criminal liability of A, B, and C in (2), (3), and (4) · 513
1.
Problem Statement 513
2.
Criminal responsibility of B and C 513
3.
Article 518 of A's Criminal Responsibility
4.
Question 520
Ⅲ.
Question 3: The Legality of the Police's Questioning of Suspect C · 520
1.
Problem Statement 520
2.
520 Doctrines and Case Laws Concerning the Mandatory Arrest of Detained Suspects for Interrogation
3.
Question 521
Ⅳ.
Question 4: Whether the suspect's interrogation record and the court confession prepared by the prosecutor regarding C can be used as evidence · 522
1.
Problem Statement 522
2.
522 Whether to use suspect interrogation records as evidence
3.
524 Whether to use confessions in court as evidence
4.
Question 525
V.
Article 5 - Effect of Waiver of Appeal Due to Error · 525
1.
Problem Statement 525
2.
526 The Legality of Waiver of Appeal Due to Error
3.
Question 526
[Review] 2020 9th Bar Exam, Question 1, Question 527

Case 18 [20-Byeonsi (9)-2] 2020 9th Bar Examination, Question 2

Ⅰ.
Question 1 - Criminal Liability of A, B, C, and D · 538
1.
Question 1 - (1) Criminal responsibility of A and B for facts 538
2.
Question 1, B-(2) Criminal responsibility of C and D for facts 541
3.
Question 1 - (3) Criminal responsibility of A for facts 545
Ⅱ.
Article 2 - Recognition of the Fact of Reduction and Court Action · 547
1.
Problem Statement 547
2.
A's Criminal Liability - Attempted Extortion, Article 547
3.
Key Points of Amendment to the Indictment 548
4.
Whether there is a duty to judge the facts of reduction 549
5.
Question 550
Ⅲ.
Question 3 - The Evidential Value of the Suspect Interrogation Record Regarding Accomplices · 550
1.
Problem Statement 550
2.
The evidentiary value of the suspect interrogation record regarding C 550
3.
Evidence capacity of the suspect interrogation record prepared by the prosecutor regarding C 551
4.
Question 551
Ⅳ.
Article 4 - The Admissibility of Statements of Reversed Testimony and Secondary Testimony · 551
1.
Problem Statement 551
2.
Evidential Admissibility of Statement of Reversed Witness 552
3.
Evidence of Secondary Testimony 552
4.
Question 553
[Review] 2020 9th Bar Exam, Question 2, Question 555

Case 19 [21-Byeonsi (10)-1] 2021 10th Bar Examination, Question 1

Ⅰ.
Question 1: A's criminal responsibility, the illegal collection of evidence by a private individual, the legality of emergency seizure and search, and the evidentiary value of secret recordings between parties to a conversation · 568
1.
Problem Statement 568
2.
Article 568 of A's Criminal Responsibility
3.
The evidentiary value of cut blue tape 573
4.
Evidence of the Blue Tape, Seizure Report, and Photographs Seized After an Emergency Arrest 574
5.
Evidence of the portion of the video call conversation recorded by A 576
Ⅱ.
Question 2: Criminal Liability of A and B · 577
1.
Problem Statement 577
2.
Special Cases Concerning Conflict of Independent Acts and Simultaneous Offenses of Assault and Violence 578
3.
Whether the special provision for concurrent offenses for assault resulting in death applies 579
4.
Question 579
Ⅲ.
Question 3: Criminal liability of A, C, and D, evidentiary value of expert testimony, and legality of appellate court judgment before the deadline for filing a statement of reasons for appeal · 579
1.
Problem Statement 579
2.
Criminal liability of A, B, and D 580
3.
Evidential Admissibility of Expert Statements 583
4.
The legality of a dismissal of an appeal before the deadline for filing a statement of reasons for appeal has expired. 584
[Review] 2021 10th Bar Exam, Question 1, Question 587

Case 20 [21-Byeonsi (10)-2] 2021 10th Bar Examination, Question 2

Ⅰ.
Question 1 - Criminal Liability of A and B in Factual Situation (1) · 598
1.
Problem Statement 598
2.
A's criminal responsibility 598
3.
Criminal responsibility of B 602
4.
Question 602
Ⅱ.
Question 2 - Criminal Liability of B and C in Factual Relations (2) · 602
1.
Problem Statement 602
2.
Criminal responsibility of B 603
3.
Criminal responsibility of B 606
4.
Question 607
Ⅲ.
Question 3: Whether B is guilty of violating the Special Act on the Handling of Traffic Accidents (causing death) · 608
1.
Problem Statement 608
2.
Whether to recognize the causal relationship or objective attribution of negligence 608
3.
Question 610
Ⅳ.
Article 4 - The Admissibility of M's Handwritten Statement · 610
1.
Problem Statement 610
2.
Admissibility of Expert Evidence 610
3.
Question 611
V.
Article 5 - Appeal of Not Guilty Against a Dismissal of Indictment · 612
1.
Problem Statement 612
2.
The Legality of Appealing a Not Guilty Claim Against a Dismissal of the Indictment 612
3.
Question 613
Ⅵ.
Article 6 - Compensatory and Additional Compensation for the Appointment of Counsel · 613
1.
Problem Statement 613
2.
Whether to recognize the supplementary supplementary treatment of the appointment of a defense attorney 613
3.
Question 614
[Review] 2021 10th Bar Exam, Question 2, Question 615

Case 21 [22-Byeonsi (11)-1] 2022 11th Bar Examination, Question 1

Ⅰ.
Question 1 - Criminal Liability of A, B, and C · 629
1.
Problem Statement 629
2.
Criminal responsibility of B and C 629
3.
A's criminal responsibility 634
Ⅱ.
Article 2 - Family Funeral Ceremony and Cancellation of Complaints · 635
1.
Question 2, Paragraph 1 - Complaints and Cancellation of Complaints 635
2.
Question 2, Section 2 - Scope of kinship in kinship rituals 636
Ⅲ.
Article 3 - Evidence of Electronic Information Stored on Mobile Phones and Methods of Seizure · 637
1.
Question 3 ㈎ - Evidential ability of video files stored on mobile phones 637
2.
Question 3, Section 641: Method of Seizure of Separate Criminal Recording Files
Ⅳ.
Article 4: Contradictory Verdicts and Grounds for Retrial Among Accomplices · 643
1.
Problem Statement 643
2.
Doctrine and Case Law 643
3.
Question 644
[Review] 2022 11th Bar Exam, Question 1, Question 645

Case 22 [22-Byeonsi (11)-2] 2022 11th Bar Examination, Question 2

Ⅰ.
Question 1 - Criminal Liability of A, B, C, and D · 655
1.
Question 1, Case (1), Criminal Liability of A, B, and C 655
2.
Question 1, Case (2), Criminal Liability of B and D 657
3.
Question 1, Case (3), C's criminal responsibility 660
Ⅱ.
Question 2: Whether the statute of limitations for A and C has expired · 663
1.
Problem Statement 663
2.
The validity of A's lawyer's argument 663
3.
The validity of C's defense attorney's argument 664
4.
Question 665
Ⅲ.
Article 3 - The Principle of Prohibition of Unfavorable Changes · 665
1.
Problem Statement 665
2.
Principle 666: Prohibition of Changes to Facts and Unfavorable Changes
3.
Principle 666 of Prohibition of Addition of Suspended Sentence and Fine and Prohibition of Unfavorable Changes
4.
Question 667
Ⅳ.
Article 4 - Measures for the Release of Detained Suspects and Defendants · 667
1.
Problem Statement 667
2.
667 before filing of the complaint
3.
668 after filing the complaint
V.
Article 5 - Prosecutor's Appeal to the Decision to Investigate Evidence and Defense Counsel's Response · 669
1.
Problem Statement 669
2.
Question 5 ① - Possibility of the prosecutor's objection 669
3.
Question 5, Paragraph 2 - How a lawyer responds when a court decision is not followed 670
[Review] 2022 11th Bar Exam, Question 2, Question 673

Case 23 [23-Byeonsi (12)-1] 2023 12th Bar Examination, Question 1

Ⅰ.
Question 1 - Case (1) Criminal Liability of A · 683
1.
Problem Statement 683
2.
Act 683: Posting false information on an Internet cafe site
3.
Act 684 of having B write a false statement of facts and then receiving it
4.
Question 685
Ⅱ.
Question 2 - Case (2) Criminal Liability of A · 685
1.
Problem Statement 685
2.
685 If C's consent is considered as 'understanding'
3.
686 If C's consent is considered as 'acceptance'
Ⅲ.
Question 3 - Case (3) Criminal Liability of A · 688
1.
Problem Statement 688
2.
Whether the crime of theft has been established 688
3.
Whether the crime of breach of trust has been established 688
4.
Whether the crime of embezzlement has been established 690
5.
Prisoner Relations 690
6.
Question 690
Ⅳ.
Question 4 - Criminal liability of A, B, and C in cases (4) and (5) · 691
1.
Problem Statement 691
2.
Criminal liability of A and B in Case (4) 691
3.
Criminal liability of B and C in case (5) 692
4.
Question 693
V.
Question 5 - The Law of Specialization · 694
1.
Problem Statement 694
2.
Question 5 (a) - Evidential ability of expert statements 694
3.
Question 5, Section 695 - Admissibility of Re-Expert Evidence
Ⅵ.
Article 6 - Some Petitions · 697
1.
Problem Statement 697
2.
697 Permissible scope of partial appeal
3.
Scope of Appeals and Appeals Review 698
4.
Scope of Appeals Based on Changes in Prisoner Decision 698
5.
Question 699
[Review] 2023 12th Bar Exam, Question 1, Question 701

Case 24 [23-Byeonsi (12)-2] 2023 12th Bar Examination, Question 2

Ⅰ.
Question 1 - Criminal Liability of A and B · 712
1.
Question 1 ㈎ - Criminal liability of A and B in case (1) 712
2.
Question 1, Case (2), Theoretical basis for denying or lightly acknowledging criminal responsibility for B 718
3.
Question 1, Case (3), Criminal Liability of A 721
Ⅱ.
Article 2 - Confiscation of a Watch Owned by a Victim at the Residence of a Person Arrested in Emergency Situations · 722
1.
Problem Statement 722
2.
Seizure by warrant 723
3.
Seizure without warrant 723
Ⅲ.
Article 3 - Requirements for Using the Photos and Appraisal Request Report Attached to the Verification Report Prepared by a Judicial Police Officer as Evidence · 725
1.
Problem Statement 725
2.
725. Evidence of the Photographs Attached to the Verification Report Prepared by the Judicial Police Officer
3.
Evidence of the Appraisal Request Report 726
Ⅳ.
Article 4 - Grounds for Denying the Evidence of Seized CDs · 727
1.
Problem Statement 727
2.
Illegal Collection of Evidence and Application of the Exclusionary Rule to Illegal Collection of Evidence 727
3.
Violation of the principle of due process in cases of arbitrarily submitting and confiscating information storage devices such as mobile phones 728
4.
Question 732
[Review] 2023 12th Bar Exam, Question 2, Question 733

Case 25 [24-Byeonsi (13)-1] 13th Bar Examination, 2024, Question 1

Ⅰ.
Article 1 - (1) Criminal Liability of A, B, and C · 745
1.
Problem Statement 745
2.
Article 745 of A's Criminal Responsibility
3.
Criminal responsibility of B 750
4.
Criminal responsibility of B753
Ⅱ.
Question 2: The Legality of Random Checks and Possible Arrest Methods · 755
1.
Problem Statement 755
2.
The legality of the police officer's act of grabbing A's clothes 755
3.
Possible Arrest Measures for Person A 757
Ⅲ.
Article 3 - (2) Criminal responsibility of Ding and Wu · 759
1.
Accomplice in attempted murder 759
2.
Whether Ding's attempted suspension was established 759
3.
Whether the attempted crime of 戊 is suspended or impeded 761
Ⅳ.
Article 4: The Legality of Seizure of Cell Phones, the Evidence of Recorded Files, and the Evidence of Suspect Interrogation Records Prepared by Judicial Police Officers · 762
1.
Question 4 (1) - The Legality of Seizure of Cell Phones and the Evidence Capacity of Recording Files 762
2.
Question 4 (2) - The evidentiary capacity of suspect interrogation records prepared by judicial police officers and the method of using statements as evidence 766
[Review] 2024 13th Bar Exam, Question 1, Question 769

Case 26 [24-Byeonsi (13)-2] 2024 13th Bar Examination, Question 2

Ⅰ.
Question 1 - Criminal Liability of A, B, and C in Facts (1) · 781
1.
Problem Statement 781
2.
Article 781 of A's Criminal Responsibility
3.
Criminal responsibility of B 784
4.
Criminal responsibility of B787
Ⅱ.
Article 2 - Requirements for Using Electronic Information Stored on a Mobile Phone as Incriminating Evidence · 789
1.
Problem Statement 789
2.
Requirements for Using Electronic Information as Evidence of Separate Criminal Charges 789
3.
Question 791
Ⅲ.
Article 3 - Some Petitions · 792
1.
Problem Statement 792
2.
Scope of Appeals 792
3.
Question 793
Ⅳ.
Article 4: How to Appeal a Bail Cancellation Decision and Its Effect · 793
1.
Problem Statement 793
2.
How to Appeal a Bail Cancellation Decision 793
3.
Effect of immediate appeal against a high court's decision to cancel bail 794
4.
Question 795
V.
Article 5 - Court Action on Application for Permission to Amend the Indictment · 795
1.
Problem Statement 795
2.
Whether the facts of the indictment are identical 795
3.
Question 797
[Review] 2024 13th Bar Exam, Question 2, Question 799

Case 27 [25-Byeonsi (14)-1] 14th Bar Examination, 2025, Question 1

Ⅰ.
Article 1 - Criminal Liability of A and B in (1) · 810
1.
Problem Statement 810
2.
Criminal responsibility of B 810
3.
Article 812 of A's Criminal Responsibility
Ⅱ.
Article 2 - Criminal Liability of B and C in (2) · 814
1.
Problem Statement 814
2.
Criminal responsibility of B 814
3.
Criminal responsibility of B 815
Ⅲ.
Article 3 - (3) Grounds for establishing the crime of obstruction of the exercise of rights · 817
1.
Problem Statement 817
2.
Whether the crime of obstruction of the exercise of rights constitutes an indirect perpetrator 818
3.
Whether joint perpetrators of the crime of obstruction of the exercise of rights are established 819
4.
Whether the crime of obstruction of the exercise of rights constitutes an instigation crime 821
Ⅳ.
Article 4: The Legality of Pre-Indictment Investigation and Emergency Arrest, and the Completion of a Complaint · 821
1.
Question 4: 1) Legality of pre-indictment investigation and emergency arrest 821
2.
Question 4 (2) - Completion of the complaint 823
V.
Article 5 - The Principle of Prohibition of Unfavorable Changes in Partial Appeals and Remands · 824
1.
Question 5 (1) - Some Petitions 824
2.
Question 5, Section 2) - Principle of Prohibition of Unfavorable Changes in Remand and Remand Trials 826
[Review] 2025 14th Bar Examination, Question 1, Question 829

Case 28 [25-Byeonsi (14)-2] 2025 14th Bar Examination, Question 2

Ⅰ.
Question 1 - Criminal Liability of A and B in (1) · 842
1.
Problem Statement 842
2.
Criminal responsibility of B 842
3.
A's criminal responsibility 843
4.
Question 845
Ⅱ.
Question 2 - Criminal responsibility of B in the changed facts of (1) · 845
1.
Problem Statement 845
2.
Causality and Objective Attribution of Consequential Aggravated Crimes 846
3.
Question 847
Ⅲ.
Article 3 - The Admissibility of Expert Statements · 847
1.
Problem Statement 847
2.
Evidence of W's testimony regarding defendant A 847
3.
Evidence of W's testimony regarding defendant B 848
4.
Whether or not consent to evidence is required 848
5.
Question 849
Ⅳ.
Article 4 - Criminal Liability of Person C in (1) · 849
1.
Problem Statement 849
2.
Systematic status of the requirements for the legality of the performance of duties 849
3.
The Effect of Mistakes on the Legality of Execution of Duties 850
4.
Question 851
V.
Article 5 - Evidential Capacity of Electronic Information and Methods of Seizure · 852
1.
Problem Statement 852
2.
Evidence of data downloaded from N Cloud 852
3.
Evidence of Imaged Materials on Tablet PCs 853
4.
Question 855
Ⅵ.
Article 6 - Evidential Admissibility of Reference Statements · 855
1.
Problem Statement 855
2.
Requirements for Video Recordings as a Method of Proving Substantial Authenticity 856
3.
Question 857
Ⅶ.
Article 7 - The First Trial Judgment and the Appeal · 857
1.
Problem Statement 857
2.
Trial-centeredness and substantive direct examination 857
3.
Requirements for the Appellate Court to Reevaluate the First Trial's Decision on Fact Findings 857
4.
Question 858
[Review] 2025 14th Bar Exam, Question 2, Question 859

Issue Index 867
Case Index 869

Analysis of Bar Exam Case Studies 883
Analysis of Bar Exam Record-Based Questions 892

Preface to the 10th Edition

This book, published under the new format of "Explanation of Past Exam Questions Written by Professors," has now reached its 10th edition.
Meanwhile, as past bar exam questions have accumulated, it is now considered possible to pass the exam simply by studying past exam questions.
In that respect, I believe the need for learning through this book, which accurately and faithfully explains past exam questions and even provides summary materials for review, will grow even more.


The features of the 10th edition are as follows:

First, we added not only the explanation and critique of the two case-type problems from the 14th exam, but also the analysis of the case-type and record-type problems from the 1st to the 14th exam.


Second, throughout this book, we have reflected relevant laws and regulations enacted and revised, newly pronounced Constitutional Court decisions, and Supreme Court precedents. We have also identified and supplemented or revised any parts that lack explanation or are open to different interpretations.

Third, the previous exam questions are explained from the current perspective of studying this book, not from the perspective of when they were asked in the past, so that studying the previous exam questions can be meaningful despite the changes in laws and precedents.


I sincerely hope that this book will be of practical help not only to law school students aspiring to become lawyers, but also to all readers striving to advance into various fields of criminal justice.


Finally, I would like to express my gratitude to Park Young-sa's Chairman Jong-man Ahn and CEO Sang-jun Ahn, who worked hard to publish this book, as well as Director Seong-ho Cho and Deputy Director Seung-hyeon Lee, who were responsible for editing and production.


February 2025
Jo Gyun-seok, Kang Su-jin, and Lee Hyo-jin