2019 (경찰간부,경정승진)중요사례 형사소송법
저자 : 신호진
출판사 : 문형사
출판일 : 2018-10-22(11-02)
페이지 : 214
판형 : 초판
도서상태 : 정상
구매수량 :
정가 18,000원 -> 160원 적립
16,200
스프링분철 :
총 금액 :
    상품소개
    독자서평
    주문/환불/배송/교환정책
    [ 머 리 말 ]


    『중요사례 형사소송법』의 특징

    1. 『약술형 형사소송법』의 자매서
    본 교재는 『약술형 형사소송법』에 수록된 총 160개의 문제 중에서 사례형 문제로 출제될 수 있는 문제 병행되는 사례형 문제 73개를 정리한 자료이다.

    2. 약술형과 사례형 병행학습의 필요성
    수학에 비유하자면, 약술형 문제는 “공식”이고 사례형 문제는 “응용문제”이다. 공식과 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. 따라서 약술형 공부와 병행해서 그와 관련된 중요사례들을 철저하게 정리해 놓는다면 사례문제는 거의 완벽하게 해결된다. 2018년 9월 15일에 시행된 제68기 경찰간부 형사소송법 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) 대학교수들의 연습서인데, 지금까지의 문제들은 거의 다 여기에서 출제되었다. 그래서 본 “중요사례 형사소송법”에서는 1)~3)의 자료 중에서 가장 완성도가 높고 변형출제의 가능성이 높은 사안들을 추출하여 모범답안식으로 내용을 구성하였다. 따라서 이러한 사례들이 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




    < 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
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