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    2019 경찰간부·경정승진 중요사례 형사소송법

    저자: 신호진 출판사: 문형사 출간일: 2018년 11월 02일 페이지: 214
    16,200원  18,000원 -10%

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  • 서문:

     

    < 서 문 >

    『중요사례 형사소송법』의 특징
    1. 『약술형 형사소송법』의 자매서
    본 교재는 『약술형 형사소송법』에 수록된 총 160개의 문제 중에서 사례형 문제로 출
    제될 수 있는 문제와 병행되는 사례형 문제 73개를 정리한 자료이다.
    2. 약술형과 사례형 병행학습의 필요성
    수학에 비유하자면, 약술형 문제는 “공식”이고 사례형 문제는 “응용문제”이다. 공식
    과 응용문제를 따로따로 공부하는 것은 매우 비효율적인 공부방법이고, 함께 병행해서
    공부해야만 이해가 깊어지고 응용능력도 생기는 법이다. 여기에 『약술형 형사소송법』과
    『중요사례 형사소송법』을 병행해서 공부해야 할 필요성과 당위성이 있다.
    3. 출제경향에 맞춘 효율적인 사례 학습
    최근 경찰간부시험과 경정승진시험문제는 사안은 다소 긴 것이 제시되지만, 문제는
    ⑴,⑵,⑶ 등으로 나누어서 논점별로 해결할 것을 요구하는 형태를 취하고 있다. 그래서
    사례문제는 실은 3~4개의 단순사례들을 몇 개 묶어놓은 것에 지나지 않는다. 따라
    서 약술형 공부와 병행해서 그와 관련된 중요사례들을 철저하게 정리해 놓는다면 사
    례문제는 거의 완벽하게 해결된다. 2018년 9월 15일에 시행된 제68기 경찰간부 형사
    소송법 사례문제의 논점도 본 교재의 범위를 벗어나지 않았다.
    4. 출제가능성 높은 중요 기본사례 엄선
    경찰간부시험과 경정승진시험의 출제위원들이 출제할 때 가장 많이 참조하는 자료는
    1) 사법시험문제, 2) 경찰간부·경정승진시험문제, 3) 변호사시험문제, 4) 대학교수
    들의 연습서인데, 지금까지의 문제들은 거의 다 여기에서 출제되었다. 그래서 본 “중
    요사례 형사소송법”에서는 1)~3)의 자료 중에서 가장 완성도가 높고 변형출제의 가능성
    이 높은 사안들을 추출하여 모범답안식으로 내용을 구성하였다. 따라서 이러한 사례들
    이 직접 또는 약간 변형되어서 출제될 가능성은 매우 높을 것이다. 또한 관련판례도
    수록하여 판례에 대한 이해를 높일 수 있도록 하였다.
    약술형과 사례형을 잘 병행하여 단기간에 합격의 커트라인을 훌쩍 뛰어넘을 수 있는
    뛰어난 실력을 기르기를 기원하면서…
    2018. 10. 25.
    법학박사 신 호 진
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  • 목차:

     

    < 목 차 >

    1. 범죄인지의 시기 ································································································ 1
    2. 친고죄의 고소 전 수사 ······················································································· 4
    3. 함정수사 ··········································································································· 7
    4. 불심검문 ········································································································· 10
    5. 법정대리인의 고소권의 성격 ·············································································· 13
    6. 고소의 주관적 불가분의 원칙 ············································································ 15
    7. 고소권의 포기와 고소의 취소 ············································································ 18
    8. 수사상의 임의동행 ··························································································· 21
    9. 피의자신문절차의 적정성 보장제도 ····································································· 24
    10. 변호인의 피의자신문참여권 ············································································· 27
    11. 긴급체포 ······································································································· 30
    12. 현행범인체포 ································································································· 33
    13. 별건구속 ······································································································· 36
    14. 사법경찰관의 피의자 구속기간 ········································································· 40
    15. 수사상 압수·수색의 절차 ················································································· 42
    16. 강제채혈 ······································································································· 46
    17. 임의제출물의 압수 (1) ···················································································· 50
    18. 임의제출물의 압수 (2) ···················································································· 51
    19. 체포현장에서의 압수·수색·검증 (1) ································································ 54
    20. 체포현장에서의 압수·수색·검증 (2) ································································ 58
    21. 긴급체포 후의 압수·수색·검증 (1) ·································································· 60
    22. 긴급체포 후의 압수·수색·검증 (2) ·································································· 62
    23. 수사상의 증거보전 ························································································· 64
    24. 검사의 기소유예처분에 대한 피의자의 불복방법 ·············································· 66
    25. 공소제기 후의 수사 ························································································ 68
    26. 공소권남용론 ································································································· 74
    27. 재정신청제도 ································································································· 77
    28. 친고죄와 일부기소 ························································································· 81
    29. 공소시효의 기간 ···························································································· 83
    30. 공소시효의 정지 ···························································································· 85
    31. 제척사유 ······································································································· 87
    32. 성명모용의 처리방법 ······················································································ 90
    33. 위장출석의 처리방법 ······················································································ 93
    34. 진술거부권 불고지의 효과 ··············································································· 95
    35. 변호인의 접견교통권 ······················································································ 97
    36. 고소의 추완 ································································································· 100
    37. 공소사실의 동일성 ························································································ 102
    38. 공소장변경의 필요성 ····················································································· 105
    39. 법원의 공소장변경요구 ·················································································· 107
    40. 공동피고인의 증인적격 ·················································································· 109
    41. 증언거부권 ·································································································· 112
    42. 국민참여재판 ······························································································· 114
    43. 증명의 대상 ································································································· 117
    44. 거증책임 ····································································································· 119
    45. 위법수집증거배제법칙 ··················································································· 121
    46. 사인이 위법하게 수집한 증거의 증거능력 ······················································· 124
    47. 독수의 과실이론 (1) ····················································································· 127
    48. 독수의 과실이론 (2) ····················································································· 130
    49. 자백배제법칙 ······························································································· 133
    50. 약속에 의한 자백 ························································································· 136
    51. 전문증거의 개념 ··························································································· 139
    52. 공판조서의 증거능력 ····················································································· 141
    53. 검사 작성 피의자신문조서의 증거능력 ···························································· 143
    54. 사법경찰관 작성 피의자신문조서의 증거능력 ················································· 146
    55. 진술조서의 증거능력 ····················································································· 150
    56. 진술서의 증거능력 ························································································ 153
    57. 실황조사서의 증거능력 ·················································································· 156
    58. 형사소송법 제314조 ····················································································· 160
    59. 전문진술의 증거능력 ····················································································· 163
    60. 조사자 증언제도 ··························································································· 166
    61. 재전문증거의 증거능력 ·················································································· 169
    62. CCTV 촬영물의 증거능력 ············································································· 172
    63. 수사기관이 녹음한 테이프의 증거능력 ···························································· 175
    64. 사인이 녹음한 테이프의 증거능력 ··································································· 178
    65. 영상녹화물의 증거능력 ·················································································· 182
    66. 전자기록의 증거능력 ····················································································· 184
    67. 거짓말탐지기 검사결과의 증거능력 ································································· 187
    68. 증거동의의 대상 ··························································································· 192
    69. 탄핵증거 ····································································································· 196
    70. 자백보강법칙 ······························································································· 200
    71. 공범자의 자백 (1) ························································································ 203
    72. 공범자의 자백 (2) ························································································ 206
    73. 기판력 ········································································································ 209
    74. 재심사유 ····································································································· 212