2020 조문.판례.기출.사례 형사소송법

제1편 형사소송법 서론 / 1
제1장 형사소송법의 기초 ·································································································· 2
제1절 형사소송법의 의의 ··································································································· 2
제2절 형사소송법의 역사 ··································································································· 2
제2장 형사소송법의 이념과 구조 ····················································································· 3
제1절 형사소송법의 기본이념 ···························································································· 3
제2절 형사소송법의 기본구조 ···························································································· 4
제3장 형사소송법의 적용범위 ··························································································· 5

제2편 소송주체와 소송절차 / 7
제1장 소송의 주체 ············································································································ 8
제1절 소송주체의 의의 ······································································································· 8
제2절 법 원 ························································································································ 9
제3절 법원의 관할 ············································································································ 10
제4절 공정한 재판을 실현하기 위한 제도 (제척·기피·회피) ·············································· 21
제5절 검 사 ······················································································································· 27
제6절 피고인(被告人) ··········································································································· 29
제7절 변호인 ····················································································································· 40
제2장 소송절차론 ············································································································· 61
제1절 소송절차의 일반이론 ······························································································ 61
제2절 소송행위의 추완 ····································································································· 64

제3편 수 사 / 71
제1장 수사 일반 ·············································································································· 72
제1절 총 설 ······················································································································· 72
제2절 수사의 단서 ············································································································ 76
제2장 수사의 방법 ········································································································· 101
제1절 수사의 기본 원칙 ································································································· 101
제2절 임의수사 ················································································································ 104
제3절 대인적 강제수사 ··································································································· 117
제1관 체 포 ····················································································································· 117
제2관 수사상 구속 ··········································································································· 125
제3관 수사상 감정유치 ···································································································· 130
제4관 피의자의 방어권 ···································································································· 130
제5관 체포·구속적부심사제도 ························································································· 136
제4절 대물적 강제수사 ··································································································· 138
제1관 수사상 압수·수색 ·································································································· 138
제2관 수사상의 검증 ······································································································· 154
제3관 대물적 강제수사와 영장주의의 예외 ·································································· 159
제4관 기술적 수사와 영장주의 ······················································································· 174
제5절 수사상 증거보전 ··································································································· 177
제1관 증거보전 ················································································································ 177
제2관 참고인에 대한 증인신문의 청구(법 제221조의2) ····················································· 178
제3관 증거능력 ·············································································································· 180
제6절 수사의 종결 ·········································································································· 182
제1관 총 설 ····················································································································· 182
제2관 불기소 처분 ··········································································································· 183
제3관 공소제기 후의 수사 ······························································································ 189

제4편 공 소 / 191
제1장 공소권 이론 ········································································································· 192
제1절 공소 일반 ·············································································································· 192
제1관 공소와 공소권 ······································································································· 192
제2절 공소에 관한 기본원칙 ·························································································· 194
제2장 공소의 제기 ········································································································· 195
제1절 공소제기의 방식 ··································································································· 195
제2절 공소제기의 효과 ··································································································· 212
제3절 공소시효(公訴時效) ··································································································· 216

제5편 공 판 / 239
제1장 공판절차 ·············································································································· 240
제1절 공판절차 일반 ······································································································· 240
제2절 심판의 대상 ·········································································································· 243
제3절 공소장 변경 ·········································································································· 247
제4절 공소취소(公訴取消) ··································································································· 264
제5절 공판의 준비와 진행 ······························································································ 276
제1관 공판의 준비 ··········································································································· 276
제2관 공판정 ···················································································································· 282
제3관 공판기일의 절차 ···································································································· 292
제4관 소송서류의 작성과 송달 ······················································································· 304
제6절 공판심리의 특칙 ··································································································· 308
제7절 법원의 강제처분 ··································································································· 313
제1관 피고인의 소환·출석명령·동행명령 ······································································· 313
제2관 피고인의 구인 ······································································································· 313
제3관 피고인의 구속 ······································································································· 313
제4관 간이공판절차 ········································································································· 330
제5관 국민참여재판 ········································································································· 333
제2장 증거(證據) ·············································································································· 350
제1절 증거 일반 ·············································································································· 350
제1관 총 설 ····················································································································· 350
제2관 증거재판주의 ········································································································· 353
제3관 입증책임 ················································································································ 359
제2절 증거능력 ················································································································ 361
제1관 위법수집증거배제법칙 ··························································································· 366
제2관 자백의 증거능력(자백배제법칙) ················································································· 386
제3관 전문증거의 증거능력(전문증거 배제법칙) ·································································· 389
제4관 증거동의와 증거능력 ····························································································· 442
제5관 탄핵증거 ················································································································ 470
제3절 증명력 ··················································································································· 471
제1관 자유심증주의 ········································································································· 471
제2관 자백의 증명력 ······································································································· 472
제3관 공판조서의 증명력 ································································································ 481
제4절 증거조사 ················································································································ 493
제3장 재 판 ···················································································································· 496

제6편 구제절차 / 511
제1장 상 소 ···················································································································· 512
제1절 통 칙 ····················································································································· 512
제2절 일부상소 ················································································································ 519
제3절 불이익변경 금지의 원칙 ······················································································ 522
제4절 파기판결의 기속력 ······························································································· 526
제5절 항소(抗訴) ··············································································································· 528
제6절 상고(抗訴) ··············································································································· 548
제7절 항고(抗告) ··············································································································· 549
제2장 비상구제절차 ······································································································· 557
제1절 재 심 ····················································································································· 557
제2절 비상상고 ················································································································ 56

제7편 특별절차 / 565
제1장 형사특별절차 ······································································································· 566
제1절 약식절차 ················································································································ 566
제2절 즉결심판절차 ········································································································ 568
제2장 배상명령절차 ······································································································· 571
제3장 치료감호청구 및 성폭력범죄사건 ······································································· 572
제4장 집행유예 등의 취소 및 실효 ·············································································· 573
제5장 위헌법률심판제청 ································································································ 574

제8편 재판의 집행과 형사보상 / 575
제1장 재판의 집행 ········································································································· 576
제2장 형사보상 ·············································································································· 577

제9편 최근 기출.최근 판례.학원 모의고사 / 579
제1장 법원행정처 시행 최근 2년간(2018년~2019년) 객관식 기출문제해설 ·················· 580
.2018년 법원사무관승진시험 기출문제 ······································································· 580
.2018년 법원직 9급 공채시험 기출문제 ···································································· 589
.2019년 법원사무관승진시험 기출문제 ······································································· 612
.2019년 법원직 9급 공채시험 기출문제 ···································································· 627
제2장 최근 4년간(2016년~2019년) 형사소송법 판례 ······················································ 663
.2018년 법원사무관승진 기출문제 ·············································································· 663
.2019.03.21. ~ 2018.10.25. 선고 형사소송법 판례 ··············································· 663
.2018.10.04. ~ 2018.02.08. 선고 형사소송법 판례 ··············································· 695
.2017년 선고 형사소송법 판례 ··················································································· 720
.2016년 선고 형사소송법 판례 ··················································································· 749
제3장 법원행정처 시행 최근 중요 주관식 기출문제해설 ············································ 768
.2014년 법원사무관승진시험 ······················································································· 768
.2013년 법원사무관승진시험 ······················································································· 776
.2016년 법원행정고등고시 [문2] ················································································· 780
.2016년 법원행정고등고시 [문1의3] ··········································································· 784
.2016년 법원사무관승진시험 ······················································································· 785
.2017년 법원사무관승진시험 ······················································································· 794
.2018년 법원사무관승진시험 ······················································································· 799
.2019년 법원사무관승진시험 ······················································································· 806
.2012년 제18회 법무사시험 ························································································ 811
.2013년 제19회 법무사시험 ························································································ 818
.2014년 제20회 법무사시험 ························································································ 826
.2015년 제21회 법무사시험 ························································································ 833
.2016년 제22회 법무사시험 ························································································ 839
.2017년 제23회 법무사시험 ························································································ 844
.2018년 제24회 법무사시험 ························································································ 849
.2017년 제59회 사법시험 ··························································································· 856
제4장 2018년 제3순환 학원 모의고사 ········································································· 869
.2018.08.30. 3순환 제1회 모의고사 문제 및 해설 ·················································· 869
.2018.08.31. 3순환 제2회 모의고사 문제 및 해설 ·················································· 875
.2018.09.01. 3순환 제3회 모의고사 문제 및 해설 ·················································· 884
.2018.09.03. 3순환 제4회 모의고사 문제 및 해설 ·················································· 894
.2018.09.01. 3순환 제5회 모의고사 문제 및 해설 ·················································· 900
.2018.09.01. 3순환 제6회 모의고사 문제 및 해설 ·················································· 904
.2018.09.01. 3순환 제7회 모의고사 문제 및 해설 ·················································· 912