법문서적 | 국가고시, 공무원시험, 전문자격시험 도서 전문

■ 책 소개 ■

1. 들어가며
객관식으로 출제되는 형사소송법 시험을 대비하는 가장 효율적인 방법은 기출문제를 정확하게 분석하고 정리하는 것입니다. 물론 형사소송법을 처음 공부하는 수험생은 처음부터 기출문제를 무작정 암기하기 보다는 기본서를 통해 형사소송법의 기초와 체계를 확실히 잡은 후 시험에 출제되는 쟁점을 정리하는 방법을 취해야 합니다. 이번에 새로 출간하는 『형사소송법 기출1200제』교재는 기본서와 상호호환이 될 수 있도록 편저자의 기본서 목차에 맞춰 2024년 5월까지 시행된 국가직 9급(형사소송법, 형사소송법 개론), 국가직 7급, 경찰(순경)채용, 경찰간부, 경찰승진, 법원9급, 해경간부, 해경승진, 소방간부, 군무원 시험 문제 중 다시 출제가 될 수 있는 중요한 문제를 자세한 해설 및 최신판례에 따라 정리한 교재입니다. 특히 최근 제도변경에 따른 새로운 판례가 뒤따르면서 예전문제 보단 최근에 출제된 지문의 출제비율이 높다는 점을 고려해서 40% 이상의 문제를 최신 문제와 유사문제로 변경하였습니다.

2. 본서의 특징
형사소송법 객관식시험 대비를 위한 본서는 다음과 같은 특징을 가지고 있습니다. ???? 최근 형사소송법의 기출문제를 진도별로 분류하되 해설은 가장 최근 판례에 따라 최대한 자세히 설명하고 있습니다. ???? 본서만으로도 각종 객관식형 문제에 대비할 수 있도록 하였습니다. 다만, 형사소송법 학습의 기초작업은 당연히 각자 기본서를 통하여 어느 정도 체계가 잡힌 상태를 전제로 하는 것입니다. ???? 기출문제 중 판례나 조문이 변경된 지문은 바뀐 조문과 판례에 따라 내용을 구성하였습니다. 개정 형사소송법은 2024년 5월 개정과 최신판례의 내용까지 모두 반영하였습니다. ???? 기본문제와 유사문제(유제)를 구분하여 테마별 중요한 기출문제를 먼저 배치하고, 상대적으로 쉬운 지문이나 반복되는 문제는 해당테마 뒷쪽에 유제로 배치하였습니다.

3. 나가며
본서가 나오기까지는 많은 분들의 도움이 있었습니다. 특히 촉박한 일정에도 편집과 출간에 힘써 주신 출판사관계자 분과 학원관계자들께 감사의 말씀을 전합니다. 모쪼록 본서가 수험생 여러분들의 수험생활을 하루라도 단축시킬 수 있는 도구가 되었으면 하는 마음 간절합니다. 불안한 마음에 불평이나 불만으로 고민하지 마시고 자신의 신념과 가치를 믿고 하루하루 충실히 채워 가신다면 지금의 수고가 합격이라는 달콤한 열매로 다가올 것입니다. 초심을 잃지 말고 마지막까지 파이팅하시기 바랍니다.

제1편 총론
제1장 형사소송법의 기초이론 ······················································ 1
제1절 형사소송법의 의의와 성격 ································································· 1
제2절 형사소송법의 법원과 적용범위 ························································· 1
제2장 형사소송법의 지도이념과 구조 ········································· 7
제1절 형사소송법의 지도이념 ······································································ 7
제2절 형사소송법의 구조 ··········································································· 11

제2편 수사와 공소제기
제1장 수사 일반론 ······································································ 20
제1절 수사와 수사기관 ··············································································· 20
제2절 수사의 조건 ······················································································ 27
제2장 수사의 개시 ······································································ 32
제1절 수사의 단서(수사개시의 원인) ························································ 32
Ⅰ. 변사자 검시 ························································································ 32
Ⅱ. 불심검문 ···························································································· 33
제2절 고소와 고발 ······················································································ 38
제3절 자수 등 ······························································································ 52
제3장 수사의 방법 ······································································ 58
제1절 수사의 기본원칙 ··············································································· 58
제2절 임의수사와 강제수사의 구별 ··························································· 59
Ⅰ. 음주측정 ···························································································· 59
Ⅱ. 임의동행 ···························································································· 62
제3절 임의수사의 방법 ··············································································· 63
제4장 강제처분과 강제수사 ······················································· 75
제1절 대인적 강제수사 ··············································································· 75
Ⅰ. 피의자의 체포 ···················································································· 75
Ⅱ. 피의자의 구속 ···················································································· 87
Ⅲ. 피고인의 구속 ···················································································· 98
Ⅳ. 접견교통권 ······················································································ 103
Ⅴ. 체포․구속적부심사제도 ··································································· 108
Ⅵ. 보석, 구속집행정지 등 ···································································· 115
제2절 대물적 강제수사 ············································································· 124
Ⅰ. 압수와 수색 ····················································································· 124
Ⅱ. 압수․수색․검증에서의 영장주의 예외 ············································· 149
Ⅲ. 압수물의 처리 ·················································································· 159
Ⅳ 수사상 검증․감정 ·············································································· 167
Ⅴ. 통신수사(통신비밀보호법, 감청) ···················································· 170
제3절 증거보전과 수사상의 증인신문 ····················································· 176
제5장 수사종결처분 ································································· 184
제1절 수사의 종결 ···················································································· 184
제2절 불기소처분에 대한 불복(재정신청) ··············································· 188
제3절 공소제기 후의 수사 ········································································ 199
제6장 공소의 제기 ···································································· 203
제1절 공소와 공소제기의 기본원칙 ························································· 203
제2절 공소제기의 방식 ············································································· 206
Ⅰ. 공소장제출주의 ··············································································· 206
Ⅱ. 공소장 일본주의 ·············································································· 223
제3절 공소제기의 효과 ············································································· 227
Ⅰ. 공소제기의 소송법상 효과 ······························································ 227
Ⅱ 공소시효 ··························································································· 229

제3편 소송행위와 소송주체
제1장 소송절차의 기본이론 ····················································· 243
제1절 소송절차의 기본구조 ····································································· 243
제2절 소송절차 이분론 ············································································· 243
제2장 소송의 주체 ···································································· 244
제1절 법 원 ······························································································ 244
Ⅰ. 제척․기피․회피 ················································································· 244
Ⅱ. 법원의 관할 ····················································································· 256
제2절 피고인 ····························································································· 269
Ⅰ. 피고인의 특정 ·················································································· 269
Ⅱ 당사자능력과 소송능력 ···································································· 273
Ⅲ. 피고인의 소송법상 지위 ································································· 275
Ⅳ. 무죄추정의 원칙 ·············································································· 278
Ⅴ. 진술거부권 ······················································································ 282
제3절 변호인 ····························································································· 290
제3장 소송행위와 소송조건 ····················································· 311
제1절 소송행위의 일반적 요소, 일시와 장소 ·········································· 311
제2절 소송행위에 대한 가치판단 ···························································· 316
제3절 소송서류와 송달 ············································································· 322
제4절 소송조건 ························································································· 330

제4편 공 판
제1장 공판절차 ········································································· 336
제1절 공판절차의 기본원칙 ····································································· 335
제2절공판심리의 범위 ·············································································· 337
Ⅰ. 심판의 대상과 공소장 변경 ··························································· 337
Ⅱ. 공소의 취소 ····················································································· 358
제3절 공판준비절차 ················································································· 360
Ⅰ. 일반적인 공판준비절차와 협의의 공판준비절차 ··························· 360
Ⅱ. 증거개시제도 ··················································································· 367
제4절 공판정의 심리 ················································································ 373
Ⅰ. 공판정의 구성 ·················································································· 373
Ⅱ. 전문심리자문위원 ··········································································· 380
Ⅲ. 소송지휘권과 법정경찰권 ······························································· 384
제5절 공판기일의 절차 ············································································· 384
Ⅰ. 공판기일의 절차 ·············································································· 384
Ⅱ. 증거조사의 실시 ·············································································· 388
Ⅲ. 검증․감정 및 통역․번역 ···································································· 397
제2장 증인신문과 공판절차의 특칙 ········································· 400
제1절 증인신문 ························································································· 400
제2절 공판절차의 특칙 ············································································· 416
Ⅰ. 간이공판절차 ··················································································· 416
Ⅱ. 국민참여재판제도 ··········································································· 424
제3절 공판절차의 정지, 갱신, 분리 ························································· 437

제5편 증 거
제1장 증거법의 기초 ································································ 445
제1절 증거의 의의와 종류 ········································································ 445
제2절 증명의 기본원칙 ············································································· 448
제2장 증거능력 ········································································· 458
제1절 위법수집증거배제법칙 ·································································· 458
제2절 자백배제법칙 ················································································· 476
제3절 전문법칙 ························································································· 481
Ⅰ. 전문증거와 전문법칙 ······································································ 481
Ⅱ. 형법 제311조 ～ 제316조 ······························································ 490
제4절증거동의 ·························································································· 531
제3장 증명력 ············································································· 544
제1절 자유심증주의 ················································································· 544
제2절 자백의 보강법칙 ············································································· 548
제3절 탄핵증거 ························································································· 558
제4절 공판조서의 절대적 증명력(배타적 증명력) ·································· 563
제6편 재 판
제1장 재판의 기본개념과 재판의 종류 ···································· 570
재판의 기본개념 ······················································································· 570
제2절 재판의 종류 ···················································································· 570
Ⅰ. 형식재판 ·························································································· 570
Ⅱ.무죄판결과 유죄판결 ······································································· 584
제2장 재판의 확정과 효력 ························································ 590
제7편 상소 재심 특별절차
제1장 상 소 ·············································································· 601
제1절 상소 일반론 ···················································································· 601
Ⅰ. 상소의 의의와 상소권 ····································································· 601
Ⅱ. 상소의 이익 ····················································································· 605
Ⅲ 일부상소 ··························································································· 610
Ⅳ. 상소권회복 ······················································································ 616
Ⅴ. 상소의 포기․취하 ············································································· 618
Ⅵ. 불이익변경금지의 원칙 ··································································· 620
제2절 항소, 상고, 준항고 ······································································· 632
제2장 비상구제절차 ································································· 655
제1절 재 심 ······························································································ 655
제2절 비상상고 ························································································· 667
제3장 특별형사절차 ································································· 670
제1절 약식절차 ························································································· 670
제2절 즉결심판절차 ················································································· 679
제3절 소년에 대한 형사절차 ···································································· 686
제4절 범죄피해자 보호절차 ····································································· 690
제5절형의 집행과 형사보상 ···································································· 699