형사소송법 중요사례 총정리

[사례 1] 검사의 수사지휘권 ································································································ 1
[사례 2] 친고죄의 고소 전 수사, 현행범인체포·긴급체포의 적법성 ··········································· 3
[사례 3] 수사와 내사 ········································································································· 6
[사례 4] 불심검문시 정지를 위한 실력행사, 불심검문의 절차 ·················································· 8
[사례 5] 불심검문과 소지품검사 ························································································· 11
[사례 6] 고소의 주관적 불가분의 원칙 ················································································ 14
[사례 7] 고소의 주관적 불가분의 원칙과 반의사불벌죄 ·························································· 15
[사례 8] 수사상의 임의동행 ······························································································· 17
[사례 9] 긴급체포의 적법성 ······························································································· 21
[사례 10] 사법경찰관의 피의자 구속기간 ············································································· 24
[사례 11] 압수의 대상과 압수절차의 적법성 ········································································· 26
[사례 12] 체포현장에서의 압수 ··························································································· 30
[사례 13] 체포현장에서의 압수 등 ······················································································ 33
[사례 14] 체포현장에서의 압수 ··························································································· 36
[사례 15] 채혈의 적법성과 소송행위의 대리 ········································································· 39
[사례 16] 긴급체포시의 압수 ······························································································ 44
[사례 17] 긴급체포시의 압수 ······························································································ 48
[사례 18] 긴급체포시의 압수·수색·검증 ················································································ 51
[사례 19] 수사상의 증거보전 ······························································································ 53
[사례 20] 공소제기 후의 압수 ···························································································· 55
[사례 21] 공소제기 후의 참고인조사 ··················································································· 58
[사례 22] 일죄의 일부에 대한 공소제기 ··············································································· 60
[사례 23] 공소시효기간의 기산점과 정지기간의 계산 ····························································· 62
[사례 24] 공소시효 ··········································································································· 65
[사례 25] 제척사유, 불이익변경금지의 원칙 ········································································· 67
[사례 26] 성명모용의 소송관계 ··························································································· 69
[사례 27] 변호인의 접견교통권과 피의자신문참여권 ······························································ 72
[사례 28] 변호인의 열람·등사권 ·························································································· 74
[사례 29] 공소장변경의 한계 ······························································································ 78
[사례 30] 공소사실의 동일성 ······························································································ 80
[사례 31] 공소장변경과 공소사실의 동일성, 제척·기피사유 등 ················································ 82
[사례 32] 공소장변경의 필요성 ·························································································· 85
[사례 33] 법원의 공소장변경의 요구 ··················································································· 87
[사례 34] 항소심에서의 공소장 변경 ··················································································· 89
[사례 35] 함정수사, 법원의 증거결정에 대한 불복방법 ·························································· 91
[사례 36] 공동피고인의 증인적격, 공동피고인의 법정진술의 증거능력 ····································· 94
[사례 37] 공동피고인의 증인적격 ························································································ 97
[사례 38] 공동피고인의 증인적격 ························································································ 99
[사례 39] 공동피고인의 증인적격, 증언거부권 ···································································· 101
[사례 40] 자백의 임의성에 대한 증명 ················································································ 103
[사례 41] 자백의 임의성에 대한 거증책임 ·········································································· 105
[사례 42] 위법수집증거배제법칙, 독수의 과실이론 ······························································ 107
[사례 43] 위법수집증거배제법칙 ······················································································· 111
[사례 44] 사인이 위법하게 수집한 증거, 현장사진의 증거능력 ·············································· 114
[사례 45] 독수의 과실이론 ······························································································· 117
[사례 46] 진술거부권의 불고지와 자백의 증거능력, 독수의 과실이론 등 ································ 119
[사례 47] 공범·공동피고인에 대한 검사 작성의 피의자신문조서의 증거능력 ···························· 122
[사례 48] 공범에 대한 피의자신문조서의 증거능력 ······························································ 126
[사례 49] 공범에 대한 피의자신문조서의 증거능력 ·······························································129
[사례 50] 진술서의 증거능력 등 ······················································································· 132
[사례 51] 전문진술의 증거능력 ························································································· 138
[사례 52] 공범의 증인적격, 전문진술의 증거능력 ································································ 140
[사례 53] 조사자 증언제도, 진술조서의 증거능력 ································································ 143
[사례 54] 전문진술과 재전문증거의 증거능력 ······································································146
[사례 55] 재전문증거의 증거능력 ······················································································ 149
[사례 56] 공판조서 사본의 증거능력 ················································································· 152
[사례 57] 녹음테이프의 증거능력 ······················································································ 154
[사례 58] 사인의 비밀녹음의 증거능력 등 ·········································································· 157
[사례 59] 수사기관의 영상녹화물의 증거능력 ····································································· 161
[사례 60] 영상녹화물, 조사자의 증언, 공범의 법정진술의 증거능력 ······································· 163
[사례 61] 탄핵증거의 허용범위 ························································································· 166
[사례 62] 탄핵증거와 조사자증언제도 ················································································ 168
[사례 63] 보강증거의 자격, 공범자의 자백의 증거능력과 증명력 ··········································· 171
[사례 64] 기판력의 범위 ·································································································· 174
[사례 65] 일부상소와 상소심의 심판범위 ··········································································· 177
[사례 66] 준항고 ············································································································ 179
[사례 67] 재심사유 ········································································································· 181