이윤탁 형사소송법 합격생 필기노트,이윤탁,가온에듀

[용봉서적2]

이윤탁 형사소송법 합격생 필기노트
정가	27,000원
판매가	24,300원
적립금	1,350원
저자	이윤탁
출판사	가온에듀
발행일	2024-10-10
판형	188x257/322p
ISBN	9791198909404

 

상세설명

본서의 특징을 살펴보면 우선 형사소송법에서 수험적으로 출제 가능한 부분을 모두 요약정리하였습니다. 수험적으로 출제되었거나 출제 가능한 부분을 모두 정리하면서 마지막 정리 교재 역할로 부담이 되어서는 안 된다는 신념 하에 양을 줄이기 위해 많은 노력을 하였습니다. 양을 줄이되 빠짐이 없는 요약서를 만들자는 일념으로 신판을 만들면서 특히 다음과 같은 부분에 신경을 썼습니다.

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

둘째로 양적으로나 내용적으로 늘 부담이 되는 ‘공소사실의 동일성 판단’, ‘불이익변경 금지 원칙’에 대한 내용에 대해서도 좀 더 체계적으로 비교정리하였습니다.

마지막으로 어렵거나 생소한 법률용어나 문장이 너무 압축되어 있기 때문에 이해하기 어려운 부분이 있다는 건의사항을 반영하여 최대한 문장을 풀어 정리하고 연속적인 절차부분은 도식을 추가하였습니다.

1. 2024년 9월까지 시행된 모든 시험의 기출지문을 반영 하였습니다.
2. 2024년 9월까지 개정되어 시행되어 있는 규정을 모두 반영 하고, 개정법까지 모두 반영하였습니다.
3. 내용상 너무 짧게 요약이 되어 있는 부분은 세부 목차를 별도로 부여한 후 좀 더 자세한 설명을 추가하였습니다.

기본서와 기출문제로 학습한 내용을 본 교재를 통해 반복학습하면서 본 교재를 최종 마무리 단권화 교재로 활용하시면 짧은 시간에 여러 번 반복할 수 있어 시험이 다가왔을 때 형사소송법에 대한 부담을 완전히 털어낼 수 있을 것으로 확신합니다. 수험생 여러분의 조기 합격을 기원합니다.

2024년 9월 선릉 연구실에서
편저자 이윤탁

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