2021 올라 형사소송법 기출문제집 2 : 지문(이론형)

제1편 서 론
제1장 형사소송법의 기초 2
❚ 형사소송법의 법원과 적용범위 ··················· 2
❚ 형사소송법의 적용범위 ······························ 6
제2장 형사소송법의 이념과 구조 8
❚ 형사소송법의 기본이념 ······························ 8
❚ 형사소송법의 구조 ··································· 13

제2편 수사와 공소
제1장 수사의 의의와 수사단서 16
❚ 수사의 의의와 조건 ·································· 16
❚ 수사기관과 피의자··································· 19
❚ 전문수사자문위원 ···································· 20
❚ 수사의 단서 → 불심검문과 변사자 검시 ·· 20
❚ 수사의 단서 → 고소와 고발 ····················· 24
❚ 수사의 단서 → 자수 ································ 36
제2장 임의수사 38
❚ 임의수사와 강제수사 ································ 38
❚ 피의자신문(참고인 조사)과 영상녹화 ········ 40
제3장 강제수사 51
❚ 영장체포 ·················································· 51
❚ 긴급체포 ·················································· 53
❚ 현행범 체포 ············································· 58
❚ 구속절차, 구속기간, 구속사유 ·················· 63
❚ 영장실질심사(구속전 피의자심문) ············ 68
❚ 구속의 취소 ············································· 72
❚ 구속의 당연실효 ······································ 72
❚ 구속의 집행정지 ······································ 73
❚ 인권보장 제도 → 접견교통권 ··················· 74
❚ 인권보장 제도 → 체포･구속적부심사제도·· 79
❚ 인권보장 제도 → 보석제도 ······················ 85
❚ 대물적 강제수사 → 압수･수색･검증 등 ··· 90
❚ 압수물의 처리 ········································ 102
❚ 디지털 정보 저장매체에 대한 압수･수색··· 108
❚ 통신제한조치 ········································· 111
❚ 음주측정 관련 ········································ 116
❚ 판사가 행하는 강제처분→ 수사상 감정유치 ································ 120
❚ 판사가 행하는 강제처분 → 증거보전 ····· 121
제4장 수사의 종결 126
❚ 수사종결의 개념과 종류 ························· 126
❚ 불기소처분에 대한 불복 → 재정신청 등 ·· 128
❚ 공소제기 후의 수사 ································ 135
제5장 공소의 제기 136
❚ 공소 및 공소권, 공소권 남용 등 ············· 136
❚ 공소장 기재 ··········································· 136
❚ 공소장 일본주의 ···································· 140
❚ 공소취소 ················································ 142
❚ 공소제기의 효력 ···································· 143
❚ 공소시효 ················································ 145

제3편
소송주체와 소송절차의 기본이론
제1장 소송의 주체 154
❚ 법 원 ····················································· 154
❚ 법관의 제척･기피 ·································· 161
❚ 검사 ······················································· 166
❚ 피고인(성명 모용 등) ····························· 168
❚ 공동피고인 ············································ 170
❚ 피고인 → 진술거부권 ···························· 170
❚ 피고인 → 무죄추정의 원칙 등 ··············· 175
❚ 변호인 ··················································· 179
제2장 소송절차의 일반이론 188
❚ 소송의 조건 ··········································· 188
❚ 소송행위 ················································ 189
❚ 소송서류의 송달 등 ································ 192

제4편 공 판
제1장 공판절차 200
❚ 공판절차의 기본원칙 ····························· 200
❚ 공판심리범위(공소장변경) ······················ 202
❚ 공소장 부본의 송달 ································ 210
❚ 소송서류의 작성･열람 → 증거개시 ········ 211
❚ 공판준비절차 ········································· 218
❚ 공판정의 구성과 소송지휘 ····················· 221
❚ 공판기일의 절차 → 피고인의 출석 등········ 222
❚ 공판기일의 절차 → 증거조사···················· 226
❚ 공판기일의 절차 → 증인신문･감정･검증··· 230
❚ 공판기일의 절차 → 증언거부권················· 237
❚ 공판기일의 절차 → 피해자의 진술권 등···· 239
❚ 공판기일의 절차 → 전문심리위원제도······· 242
❚ 공판절차의 특칙 → 간이공판절차············· 243
❚ 공판절차의 특칙 → 공판절차의 정지･갱신·· 246
❚ 공판절차의 특칙 → 변론의 병합･분리･재개·· 248
❚ 국민의 형사재판 참여에 관한 법률············ 248
제2장 증 거 258
❚ 증거법 일반 → 증명의 대상과 증거 ······· 258
❚ 증거능력 → 위법수집증거배제법칙 ········ 263
❚ 증거능력 → 독수의 과실이론 ················· 268
❚ 자백의 증거능력 → 자백배제법칙 ·········· 270
❚ 증거능력 → 전문증거와 전문법칙 ·········· 272
❚ 전문증거 → 제311조 ····························· 275
❚ 전문증거 → 제312조 ····························· 275
❚ 전문증거 → 제312조 제4항 ·················· 281
❚ 전문증거 → 제312조 제5항 ·················· 283
❚ 전문증거 → 제312조 제6항 ·················· 284
❚ 전문증거 → 제313조 ····························· 285
❚ 전문증거 → 제314조 ····························· 286
❚ 전문증거 → 제315조 ····························· 289
❚ 전문증거 → 제316조 ····························· 292
❚ 전문증거 → 사진･녹음테이프･정보저장매체의 증거능력 ···························· 293
❚ 전문증거 → 진술의 임의성 ···················· 298
❚ 전문증거 → 증거동의 ···························· 298
❚ 탄핵증거 ················································ 304
❚ 증명력 → 공판조서 ································ 308
❚ 증명력 → 자유심증주의 ························· 309
❚ 증명력 → 자백의 보강법칙 ···················· 310
제3장 재 판 314
❚ 종국재판 → 무죄판결 ···························· 314
❚ 유죄판결에 명시할 이유 ························· 316
❚ 종국재판 → 관할위반 ···························· 318
❚ 종국재판 → 면소 판결 ··························· 319
❚ 종국재판 → 공소기각의 판결과 결정 ····· 321
❚ 기판력 → 공소사실이나 범죄사실의 동일성 여부 ··········································· 323
❚ 재판의 기타 효력 ··································· 330

제5편
상소･비상구제절차･특별형사절차･재판의 집행과 형사보상
제1장 상 소 332
❚ 상소 일반 ··············································· 332
❚ 일부상소 ················································ 338
❚ 불이익변경금지의 원칙 ·························· 342
❚ 항 소 ····················································· 349
❚ 상 고 ····················································· 354
❚ 상고심의 파기판결의 기속력(구속력) ····· 356
❚ 즉시항고 → 허용 규정 ··························· 357
❚ 항고와 준항고 ········································ 359
제2장 비상구제절차 361
❚ 재 심 ····················································· 361
❚ 재심과 비상상고 비교 ···························· 370
제3장 특별형사절차 371
❚ 약식절차 ················································ 371
❚ 약식절차와 즉결심판절차 비교 ·············· 376
❚ 즉결심판절차 → 즉결심판절차법 ··········· 376
❚ 배상명령과 피해자 보호 → 소송촉진 등에 관한 특례법 ··············· 383
❚ 소년범의 형사절차 → 소년법 ················· 387
제4장 재판의 집행과 형사보상 390
❚ 재판의 집행 ··········································· 390
❚ 재판의 집행 → 미결구금일수 산입 ········ 392
❚ 형사보상 및 명예회복에 관한 법률 ········ 393