이윤탁 형사소송법 합격생 필기노트

이윤탁 저자(글)

가온에듀 · 2024년 10월 10일

책 소개

지난 한 해 동안 수험적으로 의미가 있는 판례가 많이 선고되었다. 현재에도 여전히 진행되고 있는 가장 두드러지는 판례 변화는 전자정보에 대한 압수.수색에 대한 내용들이다. 실무적으로 전자정보가 증거로서 갖는 중요성에 비춰봤을 때 향후에도 관련 법리가 좀 더 정치하게 발전하지 않을까 생각된다. 이 점을 고려하여 지난 1년간 전자정보와 관련하여 선고된 최신 판례와 출제된 내용을 관련 부분에 반영하였다.

양적으로나 내용적으로 늘 부담이 되는 ‘공소사실의 동일성 판단’, ‘불이익변경 금지 원칙’에 대한 내용에 대해서도 좀 더 체계적으로 비교정리하였고, 어렵거나 생소한 법률용어나 문장이 너무 압축되어 있기 때문에 이해하기 어려운 부분이 있다는 건의사항을 반영하여 최대한 문장을 풀어 정리하고 연속적인 절차 부분은 도식을 추가하였다.

작가정보

저자(글) 이윤탁

고려대학교 법과대학 법학과, 동 대학 법과대학 법학과 대학원을 졸업했다. 메가CST 경찰공무원학원 대표 강사, 대전국민경찰학원 대표 강사를 역임했다. 현재 법검단기 형사소송법 대표 강사, 공단기 형사소송법 대표 강사, 교정보호단기 형사소송법 대표 강사, 경찰간부단기 형사법 대표 강사를 역임했다. 노무사단기 노동법 대표강사로 활동하고 있다.

목차

• PART 01 총 론
  CHAPTER 01 형사소송법의 기초이론 ······················································· 11
  제1절 형사소송법의 의의와 성격 ······························································· 11
  제2절 형사소송법의 법원과 적용범위 ························································ 11
  CHAPTER 02 형사소송법의 이념과 구조 ·················································· 15
  제1절 형사소송법의 지도이념 ····································································· 15
  제2절 형사소송의 구조 ··············································································· 18
  
  PART 02 수사와 공소제기
  CHAPTER 01 수사 일반론 ······································································· 23
  제1절 수사와 수사기관 ··············································································· 23
  제2절 수사의 조건 ······················································································ 39
  CHAPTER 02 수사의 개시 ······································································· 42
  제1절 수사의 단서(수사개시의 원인) ························································· 42
  제2절 고 소 ······························································································· 44
  제3절 고 발 ······························································································· 50
  제4절 반의사불벌죄 ····················································································· 52
  제5절 자 수 ······························································································· 53
  CHAPTER 03 수사의 방법 ······································································· 55
  제1절 수사의 기본원칙 ··············································································· 55
  제2절 임의수사와 강제수사의 구별 ···························································· 55
  제3절 임의수사의 방법 ··············································································· 58
  CHAPTER 04 강제처분과 강제수사 ·························································· 63
  제1절 강제처분과 인권보장 ········································································ 63
  제2절 대물적 강제수사 ··············································································· 81
  제3절 수사상의 증거보전 ············································································ 99
  CHAPTER 05 수사의 종결 ····································································· 103
  제1절 수사의 종결 ···················································································· 103
  제2절 불기소처분에 대한 불복 ································································ 105
  제3절 공소제기 후의 수사 ······································································· 109
  CHAPTER 06 공소의 제기 ····································································· 111
  제1절 공소와 공소권이론 ········································································· 111
  제2절 공소제기의 기본원칙 ······································································ 112
  제3절 공소제기의 방식 ············································································· 113
  제4절 공소제기의 효과 ············································································· 119
  
  PART 03 소송행위와 소송주체
  CHAPTER 01 소송절차의 기본이론 ························································ 127
  제1절 소송절차의 기본구조 ······································································ 127
  제2절 소송절차 이분론 ············································································· 127
  CHAPTER 02 소송의 주체 ····································································· 128
  제1절 법 원 ···························································································· 128
  제2절 검 사 ···························································································· 139
  제3절 피고인 ····························································································· 142
  제4절 변호인 ····························································································· 147
  제5절 보조인 ····························································································· 153
  CHAPTER 03 소송행위와 소송조건 ························································ 154
  제1절 소송행위의 의의와 종류 ································································ 154
  제2절 소송행위의 일반적 요소 ································································ 154
  제3절 소송행위의 일시와 장소 ································································ 155
  제4절 소송행위에 대한 가치판단 ····························································· 156
  제5절 소송서류와 송달 ············································································· 158
  제6절 소송조건 ························································································· 160
  
  PART 04 공 판
  CHAPTER 01 공판절차 ·········································································· 163
  제1절 공판절차의 기본원칙 ······································································ 163
  제2절 공판심리의 범위 ············································································· 165
  제3절 공판준비절차 ·················································································· 174
  제4절 공판정의 심리 ················································································ 179
  제5절 공판기일의 절차 ············································································· 184
  CHAPTER 02 증인신문과 공판절차의 특칙 ············································ 189
  제1절 증인신문ㆍ감정ㆍ검증 ···································································· 189
  제2절 공판절차의 특칙 ············································································· 194
  
  PART 05 증 거
  CHAPTER 01 증거의 의의와 종류 ························································· 205
  CHAPTER 02 증명의 기본원칙 ······························································ 208
  제1절 증거재판주의 ·················································································· 208
  제2절 거증책임 ························································································· 210
  CHAPTER 03 증거능력 ·········································································· 211
  제1절 위법수집증거 배제법칙 ·································································· 211
  제2절 자백배제법칙 ·················································································· 215
  제3절 전문법칙 ························································································· 217
  제4절 당사자의 동의와 증거능력 ···························································· 234
  CHAPTER 04 증명력 ············································································· 237
  제1절 자유심증주의 ·················································································· 237
  제2절 자백의 보강법칙 ············································································ 239
  제3절 공판조서의 증명력 ········································································· 242
  제4절 탄핵증거 ························································································· 244
  
  PART 06 재 판
  CHAPTER 01 재판의 기본개념 ······························································ 249
  CHAPTER 02 종국재판 ·········································································· 251
  CHAPTER 03 재판의 확정과 효력 ························································· 256
  CHAPTER 04 소송비용 ·········································································· 259
  
  PART 07 상소 ㆍ 비상구제 ㆍ 특별절차
  CHAPTER 01 상 소 ············································································· 263
  제1절 상소제도의 일반 ············································································· 263
  제2절 항 소 ···························································································· 278
  제3절 상 고 ···························································································· 283
  제4절 항 고 ···························································································· 288
  CHAPTER 02 비상구제절차 ··································································· 294
  제1절 재 심 ···························································································· 294
  제2절 비상상고 ························································································· 300
  CHAPTER 03 특별형사절차 ··································································· 303
  제1절 약식절차 ························································································· 303
  제2절 즉결심판절차 ·················································································· 306
  제3절 소년에 대한 형사절차 ···································································· 310
  제4절 범죄피해자 보호제도 ······································································ 313
  CHAPTER 04 재판의 집행과 형사보상 ··················································· 317
  제1절 재판의 집행 ···················································································· 317
  제2절 형사보상 ························································································· 319

기본정보

ISBN	9791198909404
발행(출시)일자	2024년 10월 10일
쪽수	준비중
총권수	1권

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