2023 주관식 시험 대비 형사소송법 사례형 판례정리
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2023 주관식 시험 대비 형사소송법 사례형 판례정리
도서명 : 2023 주관식 시험 대비 형사소송법 사례형 판례정리
저자/출판사 : 신호진, 문형사
쪽수 : 432쪽
출판일 : 2022-05-19
ISBN : 9791166870736
정가 : 25000
---형사소송법---
1. 친고죄의 고소 전 수사 ······················································································· 3
2. 함정수사 ··········································································································· 6
3. 불심검문의 방법과 절차 ····················································································· 9
4. 불심검문과 일반소지품검사 ··············································································· 12
5. 법정대리인의 고소권의 성격 ·············································································· 15
6. 고소의 주관적 불가분의 원칙 ············································································ 17
7. 수사상의 임의동행 ··························································································· 21
8. 피의자신문을 위한 구인 ···················································································· 26
9. 범인식별절차 ··································································································· 29
10. 변호인의 피의자신문 참여권 ············································································ 32
11. 피의자신문절차의 적정성 ················································································ 35
12. 긴급체포의 요건과 절차 ·················································································· 40
13. 사법경찰관의 긴급체포에 대한 검사의 승인 ······················································· 46
14. 현행범인의 의미 ···························································································· 50
15. 현행범인체포의 요건 ······················································································ 53
16. 구속영장청구 기각결정에 대한 불복방법 ··························································· 58
17. 별건구속의 문제점 ························································································· 61
18. 사법경찰관의 피의자 구속기간 ········································································· 63
19. 전자정보에 대한 압수·수색의 방법과 절차 ························································· 65
20. 변호인의 압수·수색절차 참여권의 성질 ····························································· 71
21. 저장매체에 대한 압수절차의 적법성 및 사본의 증거능력 ····································· 75
22. 압수·수색과 사건과의 관련성 ··········································································· 80
23. 압수·수색의 대상과 절차 ················································································· 85
24. 압수물환부청구권의 포기 ················································································ 87
25. 강제채혈의 요건과 절차 ·················································································· 90
26. 강제채뇨의 요건과 절차 ·················································································· 96
27. 진료목적으로 채취된 혈액의 압수 ···································································· 99
28. 체포현장에서의 압수·수색 ·············································································· 101
29. 압수·수색과 영장주의의 예외··········································································· 106
30. 긴급체포 후의 압수·수색 ··············································································· 110
31. 긴급체포 후의 압수·수색과 요급처분 ······························································· 115
32. 임의제출물의 압수 ························································································ 119
33. 증거제출의 임의성 ························································································ 124
34. 전기통신의 감청 ··························································································· 127
35. 수사상의 증거보전 ························································································ 130
36. 기소유예처분에 대한 피의자의 불복방법 ························································· 133
37. 공소제기 후의 압수·수색 ··············································································· 135
38. 공소제기 후의 피고인신문 ············································································· 139
39. 공소제기 후의 참고인조사 ············································································· 142
40. 차별적 공소제기 ··························································································· 146
41. 누락사건의 추가기소 ····················································································· 149
42. 재정신청 기각결정에 대한 불복 ······································································ 151
43. 공소장의 예비적·택일적 기재 ········································································· 155
44. 공소장일본주의 ···························································································· 159
45. 일부기소와 공소장변경 ·················································································· 163
46. 친고죄와 일부기소 ························································································ 167
47. 공소장변경과 공소시효 ·················································································· 169
48. 공범과 공소시효의 정지 ················································································ 171
49. 대향범과 공소시효정지의 특례 ······································································· 175
50. 법관의 제척사유 ··························································································· 178
51. 기피신청의 시기와 효과 ················································································ 181
52. 성명모용의 소송관계 ····················································································· 184
53. 위장출석의 소송관계 ····················································································· 188
54. 필요적 변호사건에서 변호인이 없었던 경우 ····················································· 191
55. 변호인의 접견교통권 제한 ············································································· 193
56. 변호인의 수사서류 등 열람·복사권 ·································································· 197
57. 착오에 의한 소송행위의 효력 ········································································· 200
58. 고소의 추완 ································································································· 202
59. 공소사실의 동일성 ························································································ 204
60. 공소장변경의 한계 ························································································ 210
61. 공소장변경의 필요성 ····················································································· 213
62. 포괄일죄와 추가기소 ····················································································· 218
63. 법원의 공소장변경 요구 ················································································ 222
64. 항소심에서의 공소장변경과 고소취소의 시기 ··················································· 226
65. 검사의 증거개시 거부처분의 적법성 ································································ 233
66. 법원의 증거개시명령에 대한 불복방법 ···························································· 235
67. 증거결정에 대한 불복방법 ············································································· 239
68. 공동피고인의 증인적격 ·················································································· 243
69. 증인신문과 피고인의 반대신문권 ···································································· 247
70. 국민참여재판 ······························································································· 250
71. 위법수집증거배제법칙과 자백배제법칙의 관계 ·················································· 253
72. 사인이 위법하게 수집한 증거의 증거능력 ························································ 258
73. 독수의 과실이론 ··························································································· 262
74. 약속에 의한 자백 ························································································· 268
75. 자백의 임의성 증명 ······················································································ 272
76. 전문증거의 개념 ··························································································· 276
77. 공판조서의 증거능력 ····················································································· 279
78. 공범에 대한 검사 작성 피의자신문조서의 증거능력 ·········································· 282
79. 공범에 대한 경찰 작성 피의자신문조서의 증거능력 ·········································· 286
80. 수사기관의 검증조서의 증거능력 ···································································· 292
81. 전문진술과 진술서 및 사진의 증거능력 ··························································· 295
82. 사인이 녹음한 테이프의 증거능력 ··································································· 300
83. 정당한 이유 있는 증언거부권의 행사와 제314조 ·············································· 306
84. 정당한 이유 없는 증언거부권의 행사와 제314조 ·············································· 310
85. 당연히 증거능력이 있는 서류 ········································································· 313
86. 전문진술의 증거능력 ····················································································· 316
87. 조사자의 증언의 증거능력 ············································································· 319
88. 재전문증거의 증거능력 ·················································································· 322
89. 증거물을 촬영한 사진의 증거능력 ··································································· 326
90. 수사기관이 촬영한 현장사진의 증거능력 ························································· 330
91. CCTV 녹화영상을 본 자의 진술 등의 증거능력 ··············································· 333
92. 사인이 위법하게 촬영한 현장사진의 증거능력 ·················································· 336
93. 수사기관이 녹음한 테이프의 증거능력 ···························································· 339
94. 수사기관이 촬영한 영상녹화물의 증거능력 ······················································ 342
95. 전자기록의 증거능력 ····················································································· 345
96. 변호인의 증거동의 ························································································ 352
97. 증거동의의 의제와 철회 ················································································ 354
98. 탄핵증거 ····································································································· 357
99. 공범자의 자백의 증거능력과 증명력 ································································ 362
100. 보강증거의 자격⑴ ······················································································ 366
101. 보강증거의 자격⑵ ······················································································ 368
102. 포괄일죄와 보강증거의 범위 ········································································ 370
103. 포괄일죄의 일부에 대한 기판력의 범위 ························································· 373
104. 기판력의 객관적 범위 ················································································· 377
105. 형식재판과 상소의 이익 ·············································································· 380
106. 경합범과 일부상소 ······················································································ 383
107. 과형상 일죄와 일부상소 ·············································································· 387
108. 불이익변경금지의 원칙 ················································································ 391
109. 부정기형과 불이익변경금지의 원칙 ······························································· 394
110. 파기판결의 구속력 ······················································································ 397
111. 변호인에 대한 소송기록접수통지 ·································································· 400
112. 항소이유서 제출기간의 소송법적 의미 ··························································· 403
113. 재심의 대상 ······························································································· 405
114. 허위증언에 의한 재심사유 ··········································································· 408
115. 신증거에 의한 재심사유 ·············································································· 411
116. 공범자에 대한 모순된 판결과 재심이유 ························································· 417
117. 경합범과 재심 ···························································································· 419
118. 비상상고의 이유 ························································································· 423
119. 약식명령과 정식재판 ··················································································· 426
도서명 : 2023 주관식 시험 대비 형사소송법 사례형 판례정리
저자/출판사 : 신호진, 문형사
쪽수 : 432쪽
출판일 : 2022-05-19
ISBN : 9791166870736
정가 : 25000
---형사소송법---
1. 친고죄의 고소 전 수사 ······················································································· 3
2. 함정수사 ··········································································································· 6
3. 불심검문의 방법과 절차 ····················································································· 9
4. 불심검문과 일반소지품검사 ··············································································· 12
5. 법정대리인의 고소권의 성격 ·············································································· 15
6. 고소의 주관적 불가분의 원칙 ············································································ 17
7. 수사상의 임의동행 ··························································································· 21
8. 피의자신문을 위한 구인 ···················································································· 26
9. 범인식별절차 ··································································································· 29
10. 변호인의 피의자신문 참여권 ············································································ 32
11. 피의자신문절차의 적정성 ················································································ 35
12. 긴급체포의 요건과 절차 ·················································································· 40
13. 사법경찰관의 긴급체포에 대한 검사의 승인 ······················································· 46
14. 현행범인의 의미 ···························································································· 50
15. 현행범인체포의 요건 ······················································································ 53
16. 구속영장청구 기각결정에 대한 불복방법 ··························································· 58
17. 별건구속의 문제점 ························································································· 61
18. 사법경찰관의 피의자 구속기간 ········································································· 63
19. 전자정보에 대한 압수·수색의 방법과 절차 ························································· 65
20. 변호인의 압수·수색절차 참여권의 성질 ····························································· 71
21. 저장매체에 대한 압수절차의 적법성 및 사본의 증거능력 ····································· 75
22. 압수·수색과 사건과의 관련성 ··········································································· 80
23. 압수·수색의 대상과 절차 ················································································· 85
24. 압수물환부청구권의 포기 ················································································ 87
25. 강제채혈의 요건과 절차 ·················································································· 90
26. 강제채뇨의 요건과 절차 ·················································································· 96
27. 진료목적으로 채취된 혈액의 압수 ···································································· 99
28. 체포현장에서의 압수·수색 ·············································································· 101
29. 압수·수색과 영장주의의 예외··········································································· 106
30. 긴급체포 후의 압수·수색 ··············································································· 110
31. 긴급체포 후의 압수·수색과 요급처분 ······························································· 115
32. 임의제출물의 압수 ························································································ 119
33. 증거제출의 임의성 ························································································ 124
34. 전기통신의 감청 ··························································································· 127
35. 수사상의 증거보전 ························································································ 130
36. 기소유예처분에 대한 피의자의 불복방법 ························································· 133
37. 공소제기 후의 압수·수색 ··············································································· 135
38. 공소제기 후의 피고인신문 ············································································· 139
39. 공소제기 후의 참고인조사 ············································································· 142
40. 차별적 공소제기 ··························································································· 146
41. 누락사건의 추가기소 ····················································································· 149
42. 재정신청 기각결정에 대한 불복 ······································································ 151
43. 공소장의 예비적·택일적 기재 ········································································· 155
44. 공소장일본주의 ···························································································· 159
45. 일부기소와 공소장변경 ·················································································· 163
46. 친고죄와 일부기소 ························································································ 167
47. 공소장변경과 공소시효 ·················································································· 169
48. 공범과 공소시효의 정지 ················································································ 171
49. 대향범과 공소시효정지의 특례 ······································································· 175
50. 법관의 제척사유 ··························································································· 178
51. 기피신청의 시기와 효과 ················································································ 181
52. 성명모용의 소송관계 ····················································································· 184
53. 위장출석의 소송관계 ····················································································· 188
54. 필요적 변호사건에서 변호인이 없었던 경우 ····················································· 191
55. 변호인의 접견교통권 제한 ············································································· 193
56. 변호인의 수사서류 등 열람·복사권 ·································································· 197
57. 착오에 의한 소송행위의 효력 ········································································· 200
58. 고소의 추완 ································································································· 202
59. 공소사실의 동일성 ························································································ 204
60. 공소장변경의 한계 ························································································ 210
61. 공소장변경의 필요성 ····················································································· 213
62. 포괄일죄와 추가기소 ····················································································· 218
63. 법원의 공소장변경 요구 ················································································ 222
64. 항소심에서의 공소장변경과 고소취소의 시기 ··················································· 226
65. 검사의 증거개시 거부처분의 적법성 ································································ 233
66. 법원의 증거개시명령에 대한 불복방법 ···························································· 235
67. 증거결정에 대한 불복방법 ············································································· 239
68. 공동피고인의 증인적격 ·················································································· 243
69. 증인신문과 피고인의 반대신문권 ···································································· 247
70. 국민참여재판 ······························································································· 250
71. 위법수집증거배제법칙과 자백배제법칙의 관계 ·················································· 253
72. 사인이 위법하게 수집한 증거의 증거능력 ························································ 258
73. 독수의 과실이론 ··························································································· 262
74. 약속에 의한 자백 ························································································· 268
75. 자백의 임의성 증명 ······················································································ 272
76. 전문증거의 개념 ··························································································· 276
77. 공판조서의 증거능력 ····················································································· 279
78. 공범에 대한 검사 작성 피의자신문조서의 증거능력 ·········································· 282
79. 공범에 대한 경찰 작성 피의자신문조서의 증거능력 ·········································· 286
80. 수사기관의 검증조서의 증거능력 ···································································· 292
81. 전문진술과 진술서 및 사진의 증거능력 ··························································· 295
82. 사인이 녹음한 테이프의 증거능력 ··································································· 300
83. 정당한 이유 있는 증언거부권의 행사와 제314조 ·············································· 306
84. 정당한 이유 없는 증언거부권의 행사와 제314조 ·············································· 310
85. 당연히 증거능력이 있는 서류 ········································································· 313
86. 전문진술의 증거능력 ····················································································· 316
87. 조사자의 증언의 증거능력 ············································································· 319
88. 재전문증거의 증거능력 ·················································································· 322
89. 증거물을 촬영한 사진의 증거능력 ··································································· 326
90. 수사기관이 촬영한 현장사진의 증거능력 ························································· 330
91. CCTV 녹화영상을 본 자의 진술 등의 증거능력 ··············································· 333
92. 사인이 위법하게 촬영한 현장사진의 증거능력 ·················································· 336
93. 수사기관이 녹음한 테이프의 증거능력 ···························································· 339
94. 수사기관이 촬영한 영상녹화물의 증거능력 ······················································ 342
95. 전자기록의 증거능력 ····················································································· 345
96. 변호인의 증거동의 ························································································ 352
97. 증거동의의 의제와 철회 ················································································ 354
98. 탄핵증거 ····································································································· 357
99. 공범자의 자백의 증거능력과 증명력 ································································ 362
100. 보강증거의 자격⑴ ······················································································ 366
101. 보강증거의 자격⑵ ······················································································ 368
102. 포괄일죄와 보강증거의 범위 ········································································ 370
103. 포괄일죄의 일부에 대한 기판력의 범위 ························································· 373
104. 기판력의 객관적 범위 ················································································· 377
105. 형식재판과 상소의 이익 ·············································································· 380
106. 경합범과 일부상소 ······················································································ 383
107. 과형상 일죄와 일부상소 ·············································································· 387
108. 불이익변경금지의 원칙 ················································································ 391
109. 부정기형과 불이익변경금지의 원칙 ······························································· 394
110. 파기판결의 구속력 ······················································································ 397
111. 변호인에 대한 소송기록접수통지 ·································································· 400
112. 항소이유서 제출기간의 소송법적 의미 ··························································· 403
113. 재심의 대상 ······························································································· 405
114. 허위증언에 의한 재심사유 ··········································································· 408
115. 신증거에 의한 재심사유 ·············································································· 411
116. 공범자에 대한 모순된 판결과 재심이유 ························································· 417
117. 경합범과 재심 ···························································································· 419
118. 비상상고의 이유 ························································································· 423
119. 약식명령과 정식재판 ··················································································· 426
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