2022 신호진 형사소송법 선택형 총정리

변호사시험 대비 | 기출 지문의 체계적 총정리

신호진 저자(글)

문형사 · 2021년 04월 08일

책 소개

『신호진 형사소송법 선택형 총정리(2022)』는 〈형사소송법의 일반이론〉, 〈수사의 기본개념〉, 〈대인적 강제수사〉, 〈대물적 강제수사〉, 〈공소와 공소권이론〉, 〈공소제기의 기본원칙〉 등을 수록하고 있는 책이다.

작가정보

저자(글) 신호진

출간작으로 『형법판례총정리 (2004년판)』 등이 있다.

목차

• ▶ 1. 형사소송법의 일반이론 ·················································································· 3
  ▶ 2. 수사의 기본개념 ·························································································· 24
  ▶ 3. 수사의 개시 ································································································ 42
  ▶ 4. 수사의 방법 ································································································ 84
  ▶ 5. 대인적 강제수사 ························································································ 114
  ▶ 6. 대물적 강제수사 ························································································ 176
  ▶ 7. 수사상의 증거보전 ····················································································· 246
  ▶ 8. 수사의 종결 ······························································································ 257
  ▶ 9. 공소와 공소권이론 ····················································································· 275
  ▶ 10. 공소제기의 기본원칙 ················································································ 279
  ▶ 11. 공소제기의 방식 ······················································································ 294
  ▶ 12. 공소제기의 효과 ······················································································ 316
  ▶ 13. 공소시효 ································································································· 321
  ▶ 14. 법 원 ····································································································· 341
  ▶ 15. 검 사 ····································································································· 365
  ▶ 16. 피고인 ···································································································· 369
  ▶ 17. 변호인 ···································································································· 386
  ▶ 18. 소송행위 ································································································· 408
  ▶ 19. 소송조건 ································································································· 424
  ▶ 20. 공판절차의 기본원칙 ················································································ 427
  ▶ 21. 공판심리의 범위 ······················································································ 431
  ▶ 22. 공판준비절차 ··························································································· 463
  ▶ 23. 공판정에서의 심리 ··················································································· 476
  ▶ 24. 증거조사와 강제처분 ················································································ 485
  ▶ 25. 공판절차의 특칙 ······················································································ 532
  ▶ 26. 증거법의 기본개념 ··················································································· 560
  ▶ 27. 증명의 기본원칙 ······················································································ 564
  ▶ 28. 위법수집증거배제법칙 ··············································································· 583
  ▶ 29. 자백배제법칙 ··························································································· 605
  ▶ 30. 전문법칙 ································································································· 612
  ▶ 31. 당사자의 동의와 증거능력 ········································································· 699
  ▶ 32. 탄핵증거 ································································································· 712
  ▶ 33. 자백보강법칙 ··························································································· 718
  ▶ 34. 공판조서의 증명력 ··················································································· 733
  ▶ 35. 재판의 기본개념 ······················································································ 739
  ▶ 36. 종국재판 ································································································· 742
  ▶ 37. 재판의 확정과 효력 ·················································································· 760
  ▶ 38. 소송비용 ································································································· 779
  ▶ 39. 상소의 일반이론 ······················································································ 782
  ▶ 40. 항 소 ····································································································· 825
  ▶ 41. 상 고 ····································································································· 850
  ▶ 42. 항 고 ····································································································· 861
  ▶ 43. 재 심 ····································································································· 870
  ▶ 44. 비상상고 ································································································· 892
  ▶ 45. 약식절차 ································································································· 896
  ▶ 46. 즉결심판절차 ··························································································· 905
  ▶ 47. 소년에 대한 특별절차 ··············································································· 914
  ▶ 48. 피해자 보호절차 ······················································································ 919
  ▶ 49. 재판의 집행 ···························································································· 925
  ▶ 50. 형사보상과 명예회복 ················································································ 931

책 속으로

〈 서 문 〉

- ?선택형 총정리?의 특징 -

??기출지문의 체계적 총정리
“선택형 문제집”으로 공부할 경우의 문제점은 체계적인 정리가 매우 어렵다는 점이다.
예를 들어, 한 문제 안에 여러 파트의 지문들이 중구난방으로 들어있다 보니 단편적인 지식의 습득은 가능하지만, 그 지문이 형사소송법 전체의 체계 안에서의 갖는 의미를 이해하기가 어렵다. 이에 본 ?선택형 총정리?에서는 중요시험의 기출문제의 지문을 기본서의 순서대로 재배열을 한 후 다시 동일한 논점들끼리 하나의 ○×문제로 재구성을 함으로써 기본서를 읽듯이 체계적으로 선택형 문제를 대비할 수 있도록 하였다.

??변시와 모의고사 기출문제로는 55%만 커버
변호사시험 준비생들은 학습범위가 방대하여 주로 “변호사시험 기출문제”와 “법전협 모의고사 기출문제”를 중심으로 선택형 문제를 대비하고 있다. 그런데 편저자는 그와 같은 기출문제들이 2019년 제8회 변호사시험의 형법 선택형 문제를 얼마나 커버할 수 있는지 분석을 해 보았다. 형법 관련 지문은 총 110개였는데, 그 중 위의 기출문제로 대비할 수 있는 지문은 총 60개에 불과했다. 비율로는 55%이다. 즉 45% 정도는 공부하지 않은 것들이 나왔다는 것이고, 형사소송법도 비율이 비슷할 것으로 가정할 때 기출문제만으로 준비를 한 학생이 맞을 수 있는 형사법 점수의 최대한은 55점에 불과하다. 이에 본 ?선택형 총정리?에서는 “사법시험” 뿐만 아니라 “검찰”, “법원”, “경찰” 등 중요 국가시험에서 자주 출제된 중요 내용들로 부족한 부분들을 보충함으로써 커버하는 범위를 98% 이상으로 끌어 올릴 수 있도록 하였다.

??핵심 NOTE
모든 공부에 있어서 가장 기본이 되는 것은 “기본개념”이다. 기본개념에 대한 정리 없이 무턱대고 문제만 푸는 것은 “모래 위에 성을 쌓는 것”과 같다. 이에 본 ?선택형 총정리?에서는 본격적으로 기출지문을 다루기 전에 중요한 기본개념과 이론들을 정리할 수 있도록 “핵심 NOTE”란을 마련하였다. 여기서 정리된 내용들은 본격적 실력향상을 위한 튼튼한 기초와 뼈대가 될 것이다.

아무쪼록 본서를 잘 활용하여 승리의 월계관을 쓰기를 기원하면서…

2021. 2. 4. 법학박사 신 호 진

기본정보

ISBN	9791166870125
발행(출시)일자	2021년 04월 08일
쪽수	934쪽
크기	187 * 260 mm
총권수	1권

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