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    2020 주관식시험대비 형사소송법 사례형 판례정리

    저자: 신호진 출판사: 문형사 출간일: 2019년 06월 28일 페이지: 332
    16,200원  18,000원 -10%

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    ‘사례형 판례정리’에 대해서

    “사례형 판례정리”는 변호사시험 사례형 문제를 대비하여 단기간에 효율적으로 중요
    논점을 정리할 수 있도록 만들어진 교재이다.

    1. 사례문제의 기초가 되는 중요판례 총정리

    변호사시험 사례형 문제를 분석해 보면 특정의 판례를 기초로 해서 사안을 각색하거
    나 변형해서 만들어진 것들이 대부분이다. 그러므로 다양하게 변형된 사례문제에 잘
    대처하기 위해서는 원래의 판례사안을 정확하게 파악하고 있어야만 한다. 그래서 본서
    에서는 2001년~2017년의 사법시험과 2012년~2019년의 변호사시험에서 출제되었던
    사례문제를 분석하여 출제의 기초가 되었던 원래의 판례사안을 정확하게 소개하고 그와
    관련된 논점에 대한 해설을 모범답안 형태로 구성하였다. 또한 최신 중요판례를 사례문
    제형태로 정리하여 수록함으로써 미기출 판례에도 적절하게 대비할 수 있도록 하였다.

    2. 채점기준표에 의거한 모범답안식 해설

    답안지에 무엇을 어느 정도로 써야 할 것인가는 결국 채점기준표에 의해서 결정된다.
    그래서 본서에서는 사례형 문제에 대한 채점기준표를 참고하여 모범답안 형태의 해설을
    함으로써 출제자가 요구하는 것이 어느 정도인가를 정확하게 알 수 있도록 하였다. 물
    론 모범답안의 분량은 실제 답안에 서술해야 할 것보다 2배 정도 많다. 그 이유는 논
    점을 제대로 이해하기 위해서는 어느 정도의 상세한 설명이 필요하고, 동일한 논점일지
    라도 문제의 형태 및 배점에 따라 서술의 정도가 달라지는 것에 융통성 있게 대처할 수
    있도록 하기 위해서이다.

    3. 관련판례 수록 및 기출사례 해설

    출제의 기초가 되었던 판례의 사실관계를 기초로 모범답안식 해설을 한 후에는 그
    판례의 판결요지 및 관련 중요판례를 수록하였고, 다시 해당 판례를 기초로 한 기출 사
    례문제를 소개하고 해설하였다. 전자에 의해서는 판례의 입장을 정확하게 이해하고 또
    한 선택형 문제에 대한 대비도 어느 정도 할 수 있을 것이고, 후자에 의해서는 변형된
    문제에 대한 응용능력을 향상시킬 수 있을 것이다. 특히 후자를 활용하여 기출문제의
    형태 및 배점에 따른 답안구성 방법과 서술분량을 조절하는 훈련을 해 보기 바란다.
    본서의 효율적 활용으로 법조인의 꿈을 조속히 실현하기를 바라면서…

    2019년 6월 12일 법학박사 신 호 진
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    1. 검사의 수사지휘권 ····································································································· 3
    2. 친고죄의 고소 전 수사 ····························································································· 6
    3. 함정수사 ······················································································································ 8
    4. 불심검문의 방법과 절차 ························································································· 11
    5. 불심검문과 일반소지품검사 ··················································································· 14
    6. 법정대리인의 고소권의 성격 ················································································· 17
    7. 고소의 주관적 불가분의 원칙 ··············································································· 19
    8. 수사상의 임의동행 ··································································································· 22
    9. 피의자신문을 위한 구인 ························································································· 25
    10. 범인식별절차 ·········································································································· 27
    11. 변호인의 피의자신문 참여권 ················································································ 30
    12. 긴급체포의 요건과 절차 ······················································································· 33
    13. 현행범인의 의미 ···································································································· 37
    14. 현행범인체포의 요건 ····························································································· 40
    15. 구속영장청구 기각결정에 대한 불복방법 ··························································· 44
    16. 사법경찰관의 피의자 구속기간 ············································································ 47
    17. 전자정보에 대한 압수·수색 ··············································································· 49
    18. 압수·수색의 요건 ································································································· 55
    19. 압수·수색의 대상과 절차 ··················································································· 58
    20. 압수물환부청구권의 포기 ····················································································· 60
    21. 강제채혈의 요건과 절차 ······················································································· 63
    22. 진료목적으로 채취된 혈액의 압수 ······································································ 68
    23. 체포현장에서의 압수·수색 ················································································· 70
    24. 압수·수색과 영장주의의 예외 ··········································································· 75
    25. 긴급체포 후의 압수·수색 ··················································································· 79
    26. 임의제출물의 압수 ································································································ 86
    27. 증거제출의 임의성 ································································································ 91
    28. 전기통신의 감청 ···································································································· 94
    29. 수사상의 증거보전 ································································································ 97
    30. 기소유예처분에 대한 피의자의 불복방법 ························································ 100
    31. 공소제기 후의 압수·수색 ················································································· 102
    32. 공소제기 후의 피고인신문 ················································································· 106
    33. 공소제기 후의 참고인조사 ················································································· 109
    34. 차별적 공소제기 ·································································································· 112
    35. 누락사건의 추가기소 ·························································································· 115
    36. 재정신청 기각결정에 대한 불복 ······································································· 117
    37. 공소장의 예비적·택일적 기재 ········································································· 121
    38. 공소장일본주의 ···································································································· 125
    39. 일부기소와 공소장변경 ······················································································ 129
    40. 친고죄와 일부기소 ······························································································ 134
    41. 공소장변경과 공소시효 ······················································································· 136
    42. 공범과 공소시효의 정지 ···················································································· 139
    43. 법관의 제척사유 ·································································································· 144
    44. 기피신청의 시기와 효과 ···················································································· 147
    45. 성명모용의 소송관계 ·························································································· 150
    46. 위장출석의 소송관계 ·························································································· 153
    47. 변호인의 접견교통권 제한 ················································································· 155
    48. 고소의 추완 ········································································································· 158
    49. 공소사실의 동일성 ······························································································ 160
    50. 공소장변경의 한계 ······························································································ 164
    51. 공소장변경의 필요성 ··························································································· 167
    52. 포괄일죄와 추가기소 ·························································································· 171
    53. 법원의 공소장변경 요구 ···················································································· 175
    54. 항소심에서의 공소장변경과 고소취소 ······························································ 179
    55. 증거결정에 대한 불복방법 ················································································· 185
    56. 공동피고인의 증인적격 ······················································································ 188
    57. 증인신문과 피고인의 반대신문권 ····································································· 191
    58. 국민참여재판 ······································································································· 194
    59. 위법수집증거배제법칙과 자백배제법칙의 관계 ··············································· 197
    60. 사인이 위법하게 수집한 증거의 증거능력 ······················································ 202
    61. 독수의 과실이론 ·································································································· 205
    62. 약속에 의한 자백 ································································································ 208
    63. 자백의 임의성 증명 ···························································································· 211
    64. 전문증거의 개념 ·································································································· 215
    65. 공판조서의 증거능력 ·························································································· 218
    66. 공범에 대한 검사 작성 피의자신문조서의 증거능력 ····································· 220
    67. 공범에 대한 경찰 작성 피의자신문조서의 증거능력 ····································· 223
    68. 수사기관의 검증조서의 증거능력 ····································································· 227
    69. 전문진술과 진술서 및 사진의 증거능력 ·························································· 230
    70. 사인이 녹음한 테이프의 증거능력 ··································································· 235
    71. 증언거부권의 행사와 제314조 ··········································································· 240
    72. 당연히 증거능력이 있는 서류 ··········································································· 244
    73. 전문진술의 증거능력 ·························································································· 246
    74. 조사자의 증언의 증거능력 ················································································· 249
    75. 재전문증거의 증거능력 ······················································································ 252
    76. 증거물을 촬영한 사진의 증거능력 ··································································· 256
    77. 수사기관이 촬영한 현장사진의 증거능력 ························································ 259
    78. 사인이 위법하게 촬영한 현장사진의 증거능력 ··············································· 262
    79. 수사기관이 녹음한 테이프의 증거능력 ···························································· 265
    80. 수사기관이 촬영한 영상녹화물의 증거능력 ···················································· 268
    81. 전자기록의 증거능력 ··························································································· 271
    82. 피고인의 불출석과 증거동의의 의제 ································································ 277
    83. 탄핵증거 ··············································································································· 280
    84. 공범자의 자백의 증거능력과 증명력 ································································ 285
    85. 보강증거의 자격 ⑴ ····························································································· 289
    86. 보강증거의 자격 ⑵ ····························································································· 291
    87. 포괄일죄와 보강증거의 범위 ············································································· 293
    88. 포괄일죄의 일부에 대한 기판력의 범위 ·························································· 296
    89. 기판력의 객관적 범위 ························································································ 300
    90. 경합범과 일부상소 ······························································································ 303
    91. 과형상 일죄와 일부상소 ····················································································· 307
    92. 파기판결의 구속력 ······························································································ 310
    93. 허위증언에 의한 재심사유 ················································································· 313
    94. 신증거에 의한 재심사유 ···················································································· 316
    95. 경합범과 재심 ····································································································· 322
    96. 비상상고의 이유 ·································································································· 326
    97. 약식명령과 정식재판 ·························································································· 329