2023 Master 형사소송법
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2023 Master 형사소송법
도서명 : 2023 Master 형사소송법
저자/출판사 : 신호진,저자,글,, 문형사
쪽수 : 962쪽
출판일 : 2023-02-21
ISBN : 9791166871139
정가 : 50000
제1편 형사소송법의 일반이론
제1장 형사소송법의 기본개념
제1절 형사소송법의 의의와 성격 ············································································· 3
[1] 형사소송법의 의의/ 3 [2] 형사소송법의 성격/ 4
제2절 형사소송법의 법원과 적용범위 ······································································· 5
[1] 형사소송법의 법원/ 5 [2] 형사소송법의 적용범위/ 7
제3절 형사소송법의 발전 ······················································································ 10
[1] 서구 형사소송법의 발전/ 10 [2] 우리 형사소송법의 발전/ 11
제2장 형사소송의 이념과 본질
제1절 형사소송의 이념 ························································································· 12
[1] 형사소송의 이념과 상호관계/ 12 [2] 실체적 진실주의/ 12
[3] 적정절차의 원칙/ 15 [4] 신속한 재판의 원칙/ 17
제2절 형사소송의 기본구조 ··················································································· 23
[1] 형사소송구조론의 의의/ 23 [2] 규문주의와 탄핵주의/ 23
[3] 직권주의와 당사자주의/ 24
제3절 형사소송절차의 본질 ··················································································· 28
[1] 형사소송절차의 의의와 성격/ 28 [2] 형사소송의 실체면과 절차면/ 28
제2편 수사와 공소
제1장 수 사
제1절 수사의 기본개념 ························································································· 33
[1] 수사의 의의와 수사기관/ 33 [2] 수사의 구조와 피의자의 지위/ 45
[3] 수사의 조건/ 47
제2절 수사의 개시 ······························································································· 53
[1] 수사의 단서/ 53 [2] 불심검문/ 54
[3] 고 소/ 60 [4] 기타의 수사단서/ 76
제3절 수사의 방법 ······························································································· 82
[1] 총 설/ 82 [2] 임의수사/ 88 [3] 강제수사/ 99
제4절 대인적 강제수사 ······················································································· 102
[1] 피의자의 체포/ 102 [2] 피의자 구속/ 118
[3] 피의자·피고인의 접견교통권/ 131 [4] 체포·구속된 피의자의 석방제도/ 137
제5절 대물적 강제수사 ······················································································· 147
[1] 수사상의 압수·수색/ 147 [2] 수사상의 검증/ 170
[3] 압수·수색·검증과 영장주의의 예외/ 178
[4] 수사상의 감정/ 193 [5] 기술적 수단에 의한 수사/ 196
제6절 수사상의 증거보전 ···················································································· 209
[1] 증거보전/ 209 [2] 참고인에 대한 증인신문/ 214
제7절 수사의 종결 ····························································································· 218
[1] 수사종결의 의의와 종류/ 218 [2] 불송치결정·불기소결정에 대한 불복방법/ 226
[3] 공소제기 후의 수사/ 231
제2장 공소의 제기
제1절 공소와 공소권이론 ···················································································· 236
[1] 공소의 의의/ 236 [2] 공소권이론/ 236 [3] 공소권남용론/ 237
제2절 공소제기의 기본원칙 ················································································· 244
[1] 국가소추주의/ 244 [2] 기소독점주의/ 244
[3] 기소편의주의/ 246 [4] 공소의 취소/ 250
[5] 재정신청과 기소강제절차/ 253
제3절 공소제기의 방식 ······················································································· 260
[1] 서면주의/ 260 [2] 공소장의 기재사항/ 262 [3] 공소장일본주의/ 275
제4절 공소제기의 효과 ······················································································· 281
[1] 소송계속/ 281 [2] 심판범위의 한정/ 282 [3] 공소시효의 정지/ 285
제5절 공소시효 ·································································································· 286
[1] 공소시효의 의의와 본질/ 286 [2] 공소시효의 기간/ 288
[3] 공소시효의 정지/ 295 [4] 공소시효의 완성/ 298
제3편 공 판
제1장 소송주체
제1절 법 원 ······································································································ 304
[1] 법원의 의의와 종류/ 304 [2] 법원의 관할/ 306 [3] 제척·기피·회피/ 321
제2절 검 사 ······································································································ 331
[1] 검사와 검찰청/ 331 [2] 검사의 조직과 구조/ 333
[3] 검사의 소송법상 지위/ 336
제3절 피고인 ····································································································· 340
[1] 피고인의 의의와 특정/ 340 [2] 피고인의 당사자능력과 소송능력/ 344
[3] 피고인의 소송법상 지위/ 347 [4] 무죄추정의 원칙/ 349
[5] 피고인의 진술거부권/ 355
제4절 변호인 ····································································································· 362
[1] 변호인제도의 의의/ 362 [2] 변호인의 선임·선정/ 363
[3] 변호인의 지위와 권한/ 375 [4] 보조인/ 384
제2장 소송행위와 소송조건
제1절 소송행위 ·································································································· 385
[1] 소송행위의 의의와 종류/ 385 [2] 소송행위의 일반적 요소/ 388
[3] 소송행위에 대한 가치판단/ 393 [4] 소송서류/ 403
제2절 소송조건 ·································································································· 415
[1] 소송조건의 의의와 종류/ 415 [2] 소송조건의 조사와 흠결/ 416
[3] 소송조건의 추완/ 419
제3장 공판절차
제1절 공판절차의 기본원칙 ················································································· 420
[1] 공판절차의 의의/ 420 [2] 공판절차의 기본원칙/ 420
제2절 공판심리의 범위 ······················································································· 426
[1] 심판의 대상/ 426 [2] 공소장변경/ 429
제3절 공판준비절차 ···························································································· 455
[1] 공판준비절차의 의의/ 455 [2] 광의의 공판준비절차/ 456
[3] 협의의 공판준비절차/ 464
제4절 공판정에서의 심리 ···················································································· 468
[1] 공판정의 구성과 법원의 권한/ 468 [2] 공판기일의 절차/ 477
[3] 공판절차이분론/ 483
제5절 증거조사와 강제처분 ················································································· 484
[1] 법원의 증거조사/ 484 [2] 법원의 강제처분/ 519
제6절 공판절차의 특칙 ······················································································· 541
[1] 간이공판절차/ 541 [2] 공판절차의 정지와 갱신/ 547
[3] 변론의 병합·분리·재개/ 551 [4] 국민참여재판/ 553
제4장 증 거
제1절 증거법의 기본개념 ···················································································· 566
[1] 증거의 의의와 종류/ 566 [2] 증거능력과 증명력/ 569
제2절 증명의 기본원칙 ······················································································· 571
[1] 증거재판주의/ 571 [2] 거증책임/ 581 [3] 자유심증주의/ 586
제3절 위법수집증거배제법칙 ················································································ 598
[1] 서 설/ 598
[2] 위법수집증거배제법칙의 적용범위/ 599
[3] 위법수집증거배제법칙의 적용효과/ 611
제4절 자백배제법칙 ···························································································· 613
[1] 자백의 의의와 효과/ 613 [2] 자백배제법칙/ 616
제5절 전문법칙 ·································································································· 624
[1] 전문증거와 전문법칙/ 624 [2] 전문법칙의 예외/ 628 [3] 진술의 임의성/ 681
제6절 당사자의 동의와 증거능력 ·········································································· 684
[1] 증거동의의 의의와 성질/ 684 [2] 증거동의의 방법/ 685
[3] 증거동의의 의제/ 690 [4] 증거동의의 효과/ 692
[5] 증거동의의 철회 및 취소/ 694
제7절 탄핵증거 ·································································································· 695
[1] 탄핵증거의 의의와 성격/ 695 [2] 탄핵증거의 허용범위 및 자격/ 696
[3] 탄핵의 대상과 범위/ 698 [4] 탄핵증거의 제출과 조사방법/ 700
제8절 자백보강법칙 ···························································································· 701
[1] 자백보강법칙의 의의와 필요성/ 701 [2] 자백보강법칙의 적용범위/ 702
[3] 보강증거의 자격/ 705 [4] 보강증거의 범위/ 708
[5] 자백보강법칙 위반의 효과/ 711
제9절 공판조서의 증명력 ···················································································· 712
[1] 공판조서의 배타적 증명력/ 712 [2] 배타적 증명력이 인정되는 범위/ 713
[3] 배타적 증명력 있는 공판조서/ 716
제5장 재 판
제1절 재판의 기본개념 ······················································································· 717
[1] 재판의 의의와 종류/ 717 [2] 재판의 성립 및 방식/ 719
제2절 종국재판 ·································································································· 725
[1] 유죄판결/ 725 [2] 무죄판결/ 734 [3] 관할위반의 판결/ 737
[4] 공소기각의 재판/ 739 [5] 면소판결/ 745 [6] 종국재판의 부수효과와 부수처분/ 752
제3절 재판의 확정과 효력 ··················································································· 754
[1] 재판의 확정/ 754 [2] 재판의 확정력/ 755 [3] 기판력/ 757
제4절 소송비용 ·································································································· 768
[1] 소송비용의 의의/ 768 [2] 소송비용의 부담자/ 769
[3] 소송비용부담의 절차/ 770 [4] 무죄판결에 대한 비용보상/ 772
제4편 상소·비상구제절차·특별형사절차
제1장 상 소
제1절 상소의 일반이론 ······················································································· 777
[1] 상소의 의의와 종류/ 777 [2] 상소권/ 778 [3] 상소의 이익/ 784
[4] 상소의 제기와 포기·취하/ 789 [5] 일부상소/ 794
[6] 불이익변경금지의 원칙/ 801 [7] 파기판결의 구속력/ 813
제2절 항 소 ······································································································ 817
[1] 항소의 의의와 항소심의 구조/ 817 [2] 항소이유/ 819
[3] 항소심의 절차/ 823
제3절 상 고 ······································································································ 845
[1] 상고의 의의와 상고심의 구조/ 845 [2] 상고이유/ 846
[3] 상고심의 절차/ 851 [4] 비약적 상고/ 858 [5] 상고심판결의 정정/ 859
제4절 항 고 ······································································································ 861
[1] 항고의 의의와 종류/ 861 [2] 항고심의 절차/ 863 [3] 준항고/ 865
제2장 비상구제절차
제1절 재 심 ······································································································ 870
[1] 서 설/ 870 [2] 재심이유/ 873
[3] 재심개시절차/ 885 [4] 재심심판절차/ 891
제2절 비상상고 ·································································································· 895
[1] 비상상고의 의의/ 895 [2] 비상상고의 대상/ 896
[3] 비상상고의 이유/ 896 [4] 비상상고의 절차/ 900
제3장 특별형사절차
제1절 약식절차 ·································································································· 903
[1] 약식절차의 의의/ 903 [2] 약식명령의 청구/ 904
[3] 약식절차의 심판/ 905 [4] 정식재판의 청구와 재판/ 908
제2절 즉결심판절차 ···························································································· 913
[1] 즉결심판절차의 의의와 성격/ 913 [2] 즉결심판의 청구/ 915
[3] 즉결심판청구사건의 심판/ 916 [4] 정식재판의 청구와 재판/ 919
제3절 소년에 대한 특별절차 ················································································ 922
[1] 서 설/ 922 [2] 소년보호절차/ 923 [3] 소년형사절차/ 925
제4절 피해자 보호절차 ······················································································· 930
[1] 형사조정절차/ 930 [2] 배상명령절차/ 931
[3] 화해절차/ 938 [4] 국가에 의한 범죄피해자구조제도/ 939
제4장 재판의 집행과 형사보상 및 명예회복
제1절 재판의 집행 ····························································································· 943
[1] 재판집행의 일반원칙/ 943 [2] 형의 집행/ 946
[3] 재판집행에 대한 구제절차/ 951
제2절 형사보상과 명예회복 ················································································· 954
[1] 형사보상제도/ 954 [2] 명예회복제도/ 961
[판례색인] ········································································································ 963
도서명 : 2023 Master 형사소송법
저자/출판사 : 신호진,저자,글,, 문형사
쪽수 : 962쪽
출판일 : 2023-02-21
ISBN : 9791166871139
정가 : 50000
제1편 형사소송법의 일반이론
제1장 형사소송법의 기본개념
제1절 형사소송법의 의의와 성격 ············································································· 3
[1] 형사소송법의 의의/ 3 [2] 형사소송법의 성격/ 4
제2절 형사소송법의 법원과 적용범위 ······································································· 5
[1] 형사소송법의 법원/ 5 [2] 형사소송법의 적용범위/ 7
제3절 형사소송법의 발전 ······················································································ 10
[1] 서구 형사소송법의 발전/ 10 [2] 우리 형사소송법의 발전/ 11
제2장 형사소송의 이념과 본질
제1절 형사소송의 이념 ························································································· 12
[1] 형사소송의 이념과 상호관계/ 12 [2] 실체적 진실주의/ 12
[3] 적정절차의 원칙/ 15 [4] 신속한 재판의 원칙/ 17
제2절 형사소송의 기본구조 ··················································································· 23
[1] 형사소송구조론의 의의/ 23 [2] 규문주의와 탄핵주의/ 23
[3] 직권주의와 당사자주의/ 24
제3절 형사소송절차의 본질 ··················································································· 28
[1] 형사소송절차의 의의와 성격/ 28 [2] 형사소송의 실체면과 절차면/ 28
제2편 수사와 공소
제1장 수 사
제1절 수사의 기본개념 ························································································· 33
[1] 수사의 의의와 수사기관/ 33 [2] 수사의 구조와 피의자의 지위/ 45
[3] 수사의 조건/ 47
제2절 수사의 개시 ······························································································· 53
[1] 수사의 단서/ 53 [2] 불심검문/ 54
[3] 고 소/ 60 [4] 기타의 수사단서/ 76
제3절 수사의 방법 ······························································································· 82
[1] 총 설/ 82 [2] 임의수사/ 88 [3] 강제수사/ 99
제4절 대인적 강제수사 ······················································································· 102
[1] 피의자의 체포/ 102 [2] 피의자 구속/ 118
[3] 피의자·피고인의 접견교통권/ 131 [4] 체포·구속된 피의자의 석방제도/ 137
제5절 대물적 강제수사 ······················································································· 147
[1] 수사상의 압수·수색/ 147 [2] 수사상의 검증/ 170
[3] 압수·수색·검증과 영장주의의 예외/ 178
[4] 수사상의 감정/ 193 [5] 기술적 수단에 의한 수사/ 196
제6절 수사상의 증거보전 ···················································································· 209
[1] 증거보전/ 209 [2] 참고인에 대한 증인신문/ 214
제7절 수사의 종결 ····························································································· 218
[1] 수사종결의 의의와 종류/ 218 [2] 불송치결정·불기소결정에 대한 불복방법/ 226
[3] 공소제기 후의 수사/ 231
제2장 공소의 제기
제1절 공소와 공소권이론 ···················································································· 236
[1] 공소의 의의/ 236 [2] 공소권이론/ 236 [3] 공소권남용론/ 237
제2절 공소제기의 기본원칙 ················································································· 244
[1] 국가소추주의/ 244 [2] 기소독점주의/ 244
[3] 기소편의주의/ 246 [4] 공소의 취소/ 250
[5] 재정신청과 기소강제절차/ 253
제3절 공소제기의 방식 ······················································································· 260
[1] 서면주의/ 260 [2] 공소장의 기재사항/ 262 [3] 공소장일본주의/ 275
제4절 공소제기의 효과 ······················································································· 281
[1] 소송계속/ 281 [2] 심판범위의 한정/ 282 [3] 공소시효의 정지/ 285
제5절 공소시효 ·································································································· 286
[1] 공소시효의 의의와 본질/ 286 [2] 공소시효의 기간/ 288
[3] 공소시효의 정지/ 295 [4] 공소시효의 완성/ 298
제3편 공 판
제1장 소송주체
제1절 법 원 ······································································································ 304
[1] 법원의 의의와 종류/ 304 [2] 법원의 관할/ 306 [3] 제척·기피·회피/ 321
제2절 검 사 ······································································································ 331
[1] 검사와 검찰청/ 331 [2] 검사의 조직과 구조/ 333
[3] 검사의 소송법상 지위/ 336
제3절 피고인 ····································································································· 340
[1] 피고인의 의의와 특정/ 340 [2] 피고인의 당사자능력과 소송능력/ 344
[3] 피고인의 소송법상 지위/ 347 [4] 무죄추정의 원칙/ 349
[5] 피고인의 진술거부권/ 355
제4절 변호인 ····································································································· 362
[1] 변호인제도의 의의/ 362 [2] 변호인의 선임·선정/ 363
[3] 변호인의 지위와 권한/ 375 [4] 보조인/ 384
제2장 소송행위와 소송조건
제1절 소송행위 ·································································································· 385
[1] 소송행위의 의의와 종류/ 385 [2] 소송행위의 일반적 요소/ 388
[3] 소송행위에 대한 가치판단/ 393 [4] 소송서류/ 403
제2절 소송조건 ·································································································· 415
[1] 소송조건의 의의와 종류/ 415 [2] 소송조건의 조사와 흠결/ 416
[3] 소송조건의 추완/ 419
제3장 공판절차
제1절 공판절차의 기본원칙 ················································································· 420
[1] 공판절차의 의의/ 420 [2] 공판절차의 기본원칙/ 420
제2절 공판심리의 범위 ······················································································· 426
[1] 심판의 대상/ 426 [2] 공소장변경/ 429
제3절 공판준비절차 ···························································································· 455
[1] 공판준비절차의 의의/ 455 [2] 광의의 공판준비절차/ 456
[3] 협의의 공판준비절차/ 464
제4절 공판정에서의 심리 ···················································································· 468
[1] 공판정의 구성과 법원의 권한/ 468 [2] 공판기일의 절차/ 477
[3] 공판절차이분론/ 483
제5절 증거조사와 강제처분 ················································································· 484
[1] 법원의 증거조사/ 484 [2] 법원의 강제처분/ 519
제6절 공판절차의 특칙 ······················································································· 541
[1] 간이공판절차/ 541 [2] 공판절차의 정지와 갱신/ 547
[3] 변론의 병합·분리·재개/ 551 [4] 국민참여재판/ 553
제4장 증 거
제1절 증거법의 기본개념 ···················································································· 566
[1] 증거의 의의와 종류/ 566 [2] 증거능력과 증명력/ 569
제2절 증명의 기본원칙 ······················································································· 571
[1] 증거재판주의/ 571 [2] 거증책임/ 581 [3] 자유심증주의/ 586
제3절 위법수집증거배제법칙 ················································································ 598
[1] 서 설/ 598
[2] 위법수집증거배제법칙의 적용범위/ 599
[3] 위법수집증거배제법칙의 적용효과/ 611
제4절 자백배제법칙 ···························································································· 613
[1] 자백의 의의와 효과/ 613 [2] 자백배제법칙/ 616
제5절 전문법칙 ·································································································· 624
[1] 전문증거와 전문법칙/ 624 [2] 전문법칙의 예외/ 628 [3] 진술의 임의성/ 681
제6절 당사자의 동의와 증거능력 ·········································································· 684
[1] 증거동의의 의의와 성질/ 684 [2] 증거동의의 방법/ 685
[3] 증거동의의 의제/ 690 [4] 증거동의의 효과/ 692
[5] 증거동의의 철회 및 취소/ 694
제7절 탄핵증거 ·································································································· 695
[1] 탄핵증거의 의의와 성격/ 695 [2] 탄핵증거의 허용범위 및 자격/ 696
[3] 탄핵의 대상과 범위/ 698 [4] 탄핵증거의 제출과 조사방법/ 700
제8절 자백보강법칙 ···························································································· 701
[1] 자백보강법칙의 의의와 필요성/ 701 [2] 자백보강법칙의 적용범위/ 702
[3] 보강증거의 자격/ 705 [4] 보강증거의 범위/ 708
[5] 자백보강법칙 위반의 효과/ 711
제9절 공판조서의 증명력 ···················································································· 712
[1] 공판조서의 배타적 증명력/ 712 [2] 배타적 증명력이 인정되는 범위/ 713
[3] 배타적 증명력 있는 공판조서/ 716
제5장 재 판
제1절 재판의 기본개념 ······················································································· 717
[1] 재판의 의의와 종류/ 717 [2] 재판의 성립 및 방식/ 719
제2절 종국재판 ·································································································· 725
[1] 유죄판결/ 725 [2] 무죄판결/ 734 [3] 관할위반의 판결/ 737
[4] 공소기각의 재판/ 739 [5] 면소판결/ 745 [6] 종국재판의 부수효과와 부수처분/ 752
제3절 재판의 확정과 효력 ··················································································· 754
[1] 재판의 확정/ 754 [2] 재판의 확정력/ 755 [3] 기판력/ 757
제4절 소송비용 ·································································································· 768
[1] 소송비용의 의의/ 768 [2] 소송비용의 부담자/ 769
[3] 소송비용부담의 절차/ 770 [4] 무죄판결에 대한 비용보상/ 772
제4편 상소·비상구제절차·특별형사절차
제1장 상 소
제1절 상소의 일반이론 ······················································································· 777
[1] 상소의 의의와 종류/ 777 [2] 상소권/ 778 [3] 상소의 이익/ 784
[4] 상소의 제기와 포기·취하/ 789 [5] 일부상소/ 794
[6] 불이익변경금지의 원칙/ 801 [7] 파기판결의 구속력/ 813
제2절 항 소 ······································································································ 817
[1] 항소의 의의와 항소심의 구조/ 817 [2] 항소이유/ 819
[3] 항소심의 절차/ 823
제3절 상 고 ······································································································ 845
[1] 상고의 의의와 상고심의 구조/ 845 [2] 상고이유/ 846
[3] 상고심의 절차/ 851 [4] 비약적 상고/ 858 [5] 상고심판결의 정정/ 859
제4절 항 고 ······································································································ 861
[1] 항고의 의의와 종류/ 861 [2] 항고심의 절차/ 863 [3] 준항고/ 865
제2장 비상구제절차
제1절 재 심 ······································································································ 870
[1] 서 설/ 870 [2] 재심이유/ 873
[3] 재심개시절차/ 885 [4] 재심심판절차/ 891
제2절 비상상고 ·································································································· 895
[1] 비상상고의 의의/ 895 [2] 비상상고의 대상/ 896
[3] 비상상고의 이유/ 896 [4] 비상상고의 절차/ 900
제3장 특별형사절차
제1절 약식절차 ·································································································· 903
[1] 약식절차의 의의/ 903 [2] 약식명령의 청구/ 904
[3] 약식절차의 심판/ 905 [4] 정식재판의 청구와 재판/ 908
제2절 즉결심판절차 ···························································································· 913
[1] 즉결심판절차의 의의와 성격/ 913 [2] 즉결심판의 청구/ 915
[3] 즉결심판청구사건의 심판/ 916 [4] 정식재판의 청구와 재판/ 919
제3절 소년에 대한 특별절차 ················································································ 922
[1] 서 설/ 922 [2] 소년보호절차/ 923 [3] 소년형사절차/ 925
제4절 피해자 보호절차 ······················································································· 930
[1] 형사조정절차/ 930 [2] 배상명령절차/ 931
[3] 화해절차/ 938 [4] 국가에 의한 범죄피해자구조제도/ 939
제4장 재판의 집행과 형사보상 및 명예회복
제1절 재판의 집행 ····························································································· 943
[1] 재판집행의 일반원칙/ 943 [2] 형의 집행/ 946
[3] 재판집행에 대한 구제절차/ 951
제2절 형사보상과 명예회복 ················································································· 954
[1] 형사보상제도/ 954 [2] 명예회복제도/ 961
[판례색인] ········································································································ 963
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