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□ 도서명 : NFT 정주형 형사소송법 [개정판]
□ 저 자 : 정 주 형 저
□ 출판사 : 도서출판 네오고시뱅크
□ 크 기 : 200x 270㎜
□ 정 가 : 48,000원
□ 구 성 : 기본서+법령집
□ 페이지 : 841
□ 출간일 : 2023년 4월 21일
□ ISBN : 979-11-92930-16-9
□ 분 야 : 수험서_ 법원/검찰직, 경찰승진, 군수사직, 철도공안직 등 대비
머리말
목차
상세페이지
NFT 형사소송법 초판이 나온지도 1년 이상이 지났다. 그 사이에 형사소송법의 일부개정이 있었고,
압수·수색에 있어 이해관계인에 대한 심문제도를 골자로 한 형사소송규칙 개정안이 입법예고 되었다가 다양한 논란으로 인해, 6월경 공청회를 거쳐 개정여부를 결정하기로 하였다.
본서의 서술방식, 최신판례, 최신개정법령의 반영, 핵심내용의 비교정리 등의 면에서 본서는 대체불 가능한(Non Fungible) 학습교재가 되는 것을 지향한다.
본서의 서술방식과 편집방식의 변화는 전적으로 수험적 관점에서 결정되었다. 기출문제의 분석과 반영은 본서서술의 가장 기본출발점이 되었다. 최근의 모든 시험경향이 변호사시험과 유사해진다는 점을 고려하여 변호사시험을 바탕으로 국가직, 법원직, 경찰승진, 경찰채용, 군수사직, 교정직, 법원행시, 법무사시험 등 모든 직렬의 수험을 고려하여 교재를 집필하였다. 최근의 출제경향과 학계의 흐름, 판례의 흐름등을 체계적으로 분석함으로써 가장 효율적이고 대체불가능한 교재가 될 수 있도록 노력 하였다.
수험서의 대부분은 단순히 법조문, 판례, 암기사항을 나열한 정도의 것들이 많다. 그러나 본서는 법조문의 소개, 법조문의 해석, 해당법조문에 대한 판례의 태도 등을 유기적으로 연결하여 서술함으로써 수험생들의 효과적인 학습을 도모하였다.
본서의 특징은 다음과 같다.
첫째, 법조문의 소개, 법조문의 해석, 판례의 태도를 유기적으로 연결하여 본문을 서술함으로써, 손쉽게 내용을 이해하고 정리할 수 있도록 구성하였다.
둘째, 판례의 정확한 학습을 기하기 위해 판례의 제목선별에 신경을 써 판례제목만을 보더라도 판례의 내용이 정리될 수 있도록 하였다.
셋째, 형사소송법은 다른 과목에 비하여 법조문의 출제가 많다는 점, 법조문을 틈틈히 확인할 필요가 있다는 점등을 감안하여 별도로 형사법전을 제작하여 세트화하였다.
넷째, 본서 출간일까지의 최신판례와 최신개정법령을 철저히 반영하여 별도의 보충없이 본서만으로도 확실하게 시험을 대비할 수 있도록 하였다.
다섯째, 핵심내용과 기출지문에 언더라인 긋고, 볼드처리를 함으로써 학습의 강약을 스스로 조절할 수 있도록 하였다.
여섯째, 단지 도해식이라는 미명하에 옴니버스식으로 나열한 것이 아니라, 독자들이 쉽게 읽고 정리할 수 있도록 논리적이고 체계적으로 본문을 구성하는데 집중하였다.
필자는 수험전략에서 대체불가능 한 강의 또는 대체불가능 한 교재를 만들기 위해 많은 노력을 경주 하였고 이러한 노력과 바램을 담아 본서의 명칭을 NFT(Non-Fungible Tutor)로 정하였다. 최근 모든 직렬의 법과목이 어려워지고 있다. 필자는 본서의 시리즈로 학습한 수험생들이 형사소송법을 고득 점하는 것을 쉽게 목격하였다. 본서가 지향하는 목표만큼, 본서의 학습을 통해 모든 독자들이 효율적 으로 형사소송법을 정리하여 대한민국 최고의 실무가로 거듭날 수 있기를 기원한다.
본서가 나오기까지 많은 분들의 도움이 있었다. 교재의 편집과 유통, 표지제작, 전체적인 교정 등을 함께 해준 동고동락한 김백선, 홍민교, 문지수, 이종배, 노채선님에게 감사의 말씀을 전한다.
다시 한번 본서로 수험을 준비하는 모든 수험생들이 뜻하는 목표를 이룰 수 있기를 간절히 기원하며 본서의 서문을 마무리하기로 한다.
2023년 4월 12일
필자 정주형
제 1 편 총설
제1장 형사소송법의 기초
제1절 형사소송법의 의의와 성격 ··························································································· 1
제2절 형사소송법의 법원과 적용범위 ··················································································· 3
제3절 형사소송법의 역사 ···································································································· 9
제2장 형사소송법의 이념과 구조
제1절 형사소송의 지도이념 ······························································································· 11
제2절 형사소송의 기본구조 ······························································································ 17
제 2 편 소송주체와 소송행위
제1장 소송의 주체와 당사자
제1절 소송주체와 당사자의 의미 ······················································································ 21
제2절 피고인 ················································································································· 26
제3절 검사 ···················································································································· 39
제4절 법원 ···················································································································· 44
제5절 변호인 ················································································································· 70
제6절 보조인 ················································································································· 86
제2장 소송절차·소송행위·소송조건
제1절 소송절차의 기본구조 ······························································································ 87
제2절 소송조건론 ··········································································································· 90
제3절 소송행위론 ··········································································································· 94
제 3 편 수사
제1장 수사총론
제1절 수사기관 ············································································································· 121
제2절 수사의 의의와 수사의 단서 ·················································································· 131
제3절 고소·고발·자수 ······························································································· 144
제4절 임의수사 ············································································································ 166
제2장 강제처분과 강제수사
제1절 수사구조론 ········································································································· 196
제2절 체포 ·················································································································· 199
제3절 피의자와 피고인의 구속 ······················································································ 217
제4절 압수·수색·검증 ······························································································ 265
제5절 수사상 증거보전 ································································································· 310
제 4 편 수사의 종결과 공소제기
제1장 수사의 종결
제1절 수사종결의 의의와 종류 ······················································································· 319
제2절 불기소처분에 대한 불복 ······················································································ 323
제2장 공소의 제기
제1절 공소제기의 기본원칙 ··························································································· 333
제2절 공소와 공소권이론 ····························································································· 335
제3절 공소제기의 효과 ································································································· 342
제4절 공소제기의 후의 수사 ························································································· 344
제5절 공소시효 ··········································································································· 348
제 5 편 공판
제1장 공소의 제기와 법원의 심판대상
제1절 공소제기의 방식 ································································································· 367
제2절 공소제기와 법원의 심판대상 ················································································ 387
제3절 공소장변경 제도 : 심판대상의 조정 ···································································· 390
제2장 공판절차
제1절 공판절차의 기본원칙 ···························································································· 417
제2절 공판준비절차 ····································································································· 424
제3절 협의의 증거개시제도 ·························································································· 432
제4절 공판정의 심리 ··································································································· 440
제5절 공판기일의 절차 ································································································ 450
제6절 증인신문 ············································································································ 464
제7절 공판절차의 특칙 ································································································· 477
제8절 국민참여재판 제도 ····························································································· 484
제3장 증거
제1절 증거의 의의와 종류 ···························································································· 498
제2절 증명의 기본원칙 ································································································· 501
제3절 위법수집증거배제법칙 ························································································· 510
제4절 자백배제법칙 ····································································································· 524
제5절 진술의 임의성 ···································································································· 531
제6절 전문법칙 ············································································································ 533
제7절 당사자의 증거동의 ······························································································ 585
제8절 자유심증주의 ····································································································· 592
제9절 탄핵증거 ··········································································································· 607
제10절 자백의 보강법칙 ······························································································· 612
제11절 공판조서의 배타적 증명력 ···················································································· 621
제4장 재판
제1절 재판의 기본개념 ································································································· 625
제2절 종국재판 ············································································································ 631
제3절 재판의 확정과 효력 ···························································································· 649
제4절 소송비용의 부담 및 무죄판결의 대한 비용보상 ····················································· 663
제 6 편 상소·비상구제절차·특별절차·형의집행
제1장 상소
제1절 상소일반 ············································································································· 671
제2절 상소의 일반적 허용조건 ······················································································ 673
제3절 항소 ·················································································································· 704
제4절 상고 ·················································································································· 723
제5절 항고 ·················································································································· 736
제2장 비상구제절차
제1절 재심 ·················································································································· 744
제2절 비상상고 ············································································································ 770
제3장 특별형사절차
제1절 약식절차 ············································································································ 775
제2절 즉결심판절차 ····································································································· 783
제3절 소년에 대한 형사절차 ························································································· 790
제4절 배상명령·범죄피해자구조제도 ·············································································· 796
제4장 재판의 집행 및 형사보상제도
제1절 재판의 집행 ······································································································· 803
제2절 형사보상제도 ······································································································ 816
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