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형사소송법상품 상세설명
- 책 소 개 -
형사소송법 중요사례총정리”에 대해서
1. 사례형 문제에 대한 효율적 준비방법
형사소송법 사례형 기출문제들을 분석해 보면 출제되었던 논점들이 반복해서 출제되는 경향이 매우 강하다. 절차법의 특성상 이론적으로 논쟁거리가 될 것들이 그렇게 많지는 않기 때문이다. 따라서 형사소송법 사례형 문제들을 가장 효율적으로 정복하는 방법은 이미 출제되었던 기출문제들을 철저하게 분석하고 정리하는 데 있다.
2. 기출 사례문제의 논점별 재정리
본 “형사소송법 중요사례총정리”는 위와 같은 요구에 부응하여 2012년 이후의 변호사시험 사례형 문제와 2007년 이후의 사법시험 2차시험 사례형 문제들을 논점별로 분해하여 기본적인 사례로 재구성을 한 것이다. 수험생들이 두려워하는 복잡한 문제들도 실은 단순하고 기본적인 사례들을 몇 개 묶어놓은 것에 지나지 않는다.
3. 최신 중요판례의 사례화
최근에 대법원은 형사소송법에 관하여 주목할 만한 판례들을 많이 내어놓고 있다. 따라서 이에 대한 분석도 매우 중요하기 때문에 본서에서는 그러한 중요판례들을 다수 수록하여 기출문제에 빠진 논점들을 보충할 수 있도록 하였다.
4. 적절한 분량의 모범 답안식 해설
주관식 시험의 경우에는 아는 것도 중요하지만, 자기가 아는 것을 정해진 시간 안에 요령 있게 압축 서술하는 능력도 매우 중요하다. 이 점에서 본서의 해설은 목차구성을 체계적으로 하고, 내용을 간결하게 서술하였기 때문에 이해와 암기에 매우 편리할 것이고, 시험장에서의 답안작성에도 많은 도움을 줄 것이다.
5. 중요 논점의 단기간 총정리
빠짐없이 공부하는 것도 중요하지만, 시험이 임박할수록 중요부분을 잘 정리한 자료를 반복해서 보는 것이 훨씬 효율적인 공부방법이다. 본서의 분량은 180여 페이지 정도에 지나지 않기 때문에 이틀 정도면 정독할 수 있는 분량이다. 따라서 효과적인 총정리를 위해서 본서를 2~3회 반복할 것을 권한다.
- 목 차 -
[사례 1] 검사의 수사지휘권 ································································································ 1
[사례 2] 친고죄의 고소 전 수사, 현행범인체포·긴급체포의 적법성 ··········································· 3
[사례 3] 수사와 내사 ········································································································· 6
[사례 4] 불심검문시 정지를 위한 실력행사, 불심검문의 절차 ·················································· 8
[사례 5] 불심검문과 소지품검사 ························································································· 11
[사례 6] 고소의 주관적 불가분의 원칙 ················································································ 14
[사례 7] 고소의 주관적 불가분의 원칙과 반의사불벌죄 ·························································· 15
[사례 8] 수사상의 임의동행 ······························································································· 17
[사례 9] 긴급체포의 적법성 ······························································································· 21
[사례 10] 사법경찰관의 피의자 구속기간 ············································································· 24
[사례 11] 압수의 대상과 압수절차의 적법성 ········································································· 26
[사례 12] 체포현장에서의 압수 ··························································································· 30
[사례 13] 체포현장에서의 압수 등 ······················································································ 33
[사례 14] 체포현장에서의 압수 ··························································································· 36
[사례 15] 채혈의 적법성과 소송행위의 대리 ········································································· 39
[사례 16] 긴급체포시의 압수 ······························································································ 44
[사례 17] 긴급체포시의 압수 ······························································································ 48
[사례 18] 긴급체포시의 압수·수색·검증 ················································································ 51
[사례 19] 수사상의 증거보전 ······························································································ 53
[사례 20] 공소제기 후의 압수 ···························································································· 55
[사례 21] 공소제기 후의 참고인조사 ··················································································· 58
[사례 22] 일죄의 일부에 대한 공소제기 ··············································································· 60
[사례 23] 공소시효기간의 기산점과 정지기간의 계산 ····························································· 62
[사례 24] 공소시효 ··········································································································· 65
[사례 25] 제척사유, 불이익변경금지의 원칙 ········································································· 67
[사례 26] 성명모용의 소송관계 ··························································································· 69
[사례 27] 변호인의 접견교통권과 피의자신문참여권 ······························································ 72
[사례 28] 변호인의 열람·등사권 ·························································································· 74
[사례 29] 공소장변경의 한계 ······························································································ 78
[사례 30] 공소사실의 동일성 ······························································································ 80
[사례 31] 공소장변경과 공소사실의 동일성, 제척·기피사유 등 ················································ 82
[사례 32] 공소장변경의 필요성 ·························································································· 85
[사례 33] 법원의 공소장변경의 요구 ··················································································· 87
[사례 34] 항소심에서의 공소장 변경 ··················································································· 89
[사례 35] 함정수사, 법원의 증거결정에 대한 불복방법 ·························································· 91
[사례 36] 공동피고인의 증인적격, 공동피고인의 법정진술의 증거능력 ····································· 94
[사례 37] 공동피고인의 증인적격 ························································································ 97
[사례 38] 공동피고인의 증인적격 ························································································ 99
[사례 39] 공동피고인의 증인적격, 증언거부권 ···································································· 101
[사례 40] 자백의 임의성에 대한 증명 ················································································ 103
[사례 41] 자백의 임의성에 대한 거증책임 ·········································································· 105
[사례 42] 위법수집증거배제법칙, 독수의 과실이론 ······························································ 107
[사례 43] 위법수집증거배제법칙 ······················································································· 111
[사례 44] 사인이 위법하게 수집한 증거, 현장사진의 증거능력 ·············································· 114
[사례 45] 독수의 과실이론 ······························································································· 117
[사례 46] 진술거부권의 불고지와 자백의 증거능력, 독수의 과실이론 등 ································ 119
[사례 47] 공범·공동피고인에 대한 검사 작성의 피의자신문조서의 증거능력 ···························· 122
[사례 48] 공범에 대한 피의자신문조서의 증거능력 ······························································ 126
[사례 49] 공범에 대한 피의자신문조서의 증거능력 ·······························································129
[사례 50] 진술서의 증거능력 등 ······················································································· 132
[사례 51] 전문진술의 증거능력 ························································································· 138
[사례 52] 공범의 증인적격, 전문진술의 증거능력 ································································ 140
[사례 53] 조사자 증언제도, 진술조서의 증거능력 ································································ 143
[사례 54] 전문진술과 재전문증거의 증거능력 ······································································146
[사례 55] 재전문증거의 증거능력 ······················································································ 149
[사례 56] 공판조서 사본의 증거능력 ················································································· 152
[사례 57] 녹음테이프의 증거능력 ······················································································ 154
[사례 58] 사인의 비밀녹음의 증거능력 등 ·········································································· 157
[사례 59] 수사기관의 영상녹화물의 증거능력 ····································································· 161
[사례 60] 영상녹화물, 조사자의 증언, 공범의 법정진술의 증거능력 ······································· 163
[사례 61] 탄핵증거의 허용범위 ························································································· 166
[사례 62] 탄핵증거와 조사자증언제도 ················································································ 168
[사례 63] 보강증거의 자격, 공범자의 자백의 증거능력과 증명력 ··········································· 171
[사례 64] 기판력의 범위 ·································································································· 174
[사례 65] 일부상소와 상소심의 심판범위 ··········································································· 177
[사례 66] 준항고 ············································································································ 179
[사례 67] 재심사유 ········································································································· 181
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◇ 총 합산 금액이 100,000원 이상일 경우에는 배송료가 무료이며, 100,000원 미만은 2500원이 합산되어 부과됩니다.
◇ 제주도 및 도서 지역은 별도의 비용(6,500원)이 청구됩니다. 단, 100,000원 이상 주문시 2,500원 차감된 3,000원이 청구됩니다.◇ 도서는 받으신 후 3일 이내에 교환/반품/환불이 가능하며 전화주시거나 고객님의 변심으 로 인한 교환/환불시에는 왕복 배송비를 부담하셔야 합니다.
◇ 서브노트 및 분철 주문하신 서적 등 상품 특성상 교환이나 환불이 불가능한 상품도 있음을 유의해 주십시오.
◇ 마이페이지의 [교환,환불]란에 신청해 주십시오.
◇ 교환/반품 주소: 서울시 관악구 신림로 28길 81 서점 북라인
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