김원욱 형사소송법 4.1 수사.증거

제1편 수사
제1장 수사의 개시 _ 4
제1절 수사의 의의와 조건 ································4
Ⅰ. 내사와 수사 ···············································4
Ⅱ. 수사의 구조 ···············································5
Ⅲ. 수사의 조건 ···············································5
제2절 수사기관과 피의자 ································14
Ⅰ. 수사기관 ···················································14
Ⅱ. 피의자 ······················································25
제3절 수사의 개시 ··········································28
Ⅰ. 수사의 단서와 개시 ··································28
Ⅱ. 불심검문 (경찰관직무집행법 제3조) ·········29
Ⅲ. 변사자검시 (제222조) ·······························34
Ⅳ. 고소 ·························································35
Ⅴ. 고발 ·························································64
Ⅵ. 자수 ························································68
제4절 임의수사 ··············································72
Ⅰ. 임의수사와 강제수사의 구별 ····················72
Ⅱ. 임의수사의 원칙과 강제수사의 규제 ········74
Ⅲ. 임의수사의 적법성 ···································78
Ⅳ. 피의자신문 ···············································84
Ⅴ. 참고인조사 ···············································97
Ⅵ. 기타의 조사 ············································100
제2장 강제처분과 강제수사 _ 103
제1절 피의자 체포 ········································104
Ⅰ. 영장체포 (통상체포) ·······························104
Ⅱ. 긴급체포 ··················································111
Ⅲ. 현행범인의 체포 ·····································120
제2절 피의자와 피고인의 구속 ·····················132
Ⅰ. 구속의 의의와 종류 ································132
Ⅱ. 구속의 요건 ············································134
Ⅲ. 피의자구속절차 ······································135
Ⅳ. 체포·구속 적부심사제도 ·························152
Ⅴ. 구속의 집행정지 ·····································162
Ⅵ. 구속의 실효 ············································166
Ⅶ. 접견교통권 ··············································171
제3절 압수·수색 ············································181
Ⅰ. 압수수색의 원칙 ······································181
Ⅱ. 압수·수색의 영장주의 예외 ···················202
Ⅲ. 압수물의 처리 ·········································219
제4절 수사상 검증·감정·감청 ·····················230
Ⅰ. 수사상 검증 ···········································230
Ⅱ. 수사상 감정 ···········································233
Ⅲ. 수사상 감청 (통신제한조치) ···················235
제5절 수사상의 증거보전과 증인신문 ·········249
Ⅰ. 수사상 증거보전 ····································249
Ⅱ. 수사상 증인신문 ····································254
제3장 수사의 종결 _ 259
제1절 검사와 사법경찰관의 수사종결 ··········259
Ⅰ. 수사종결 개관 ········································259
Ⅱ. 수사종결처분의 통지 ······························267
제2절 불기소처분에 대한 불복 ····················269
Ⅰ. 검찰항고 ················································269
Ⅱ. 재정신청제도 ·········································270
Ⅲ. 헌법소원 ···············································280
제3절 공소제기 후의 수사 ···························284

제2편 증거
제1장 증거법 일반 _ 290
제1절 증거의 개념 ········································290
Ⅰ. 증거의 의의 ···········································290
Ⅱ. 증거의 종류 ···········································290
Ⅲ. 증거능력과 증명력 ·································297
제2절 증명의 기본원칙 ································298
Ⅰ. 증거재판주의 ·········································298
Ⅱ. 거증책임 ················································307
Ⅲ. 음주운전 관련 판례 ································310
제2장 증거능력 _ 319
제1절 위법수집증거배제법칙 ························319
Ⅰ. 개관 ·······················································319
Ⅱ. 적용범위 ················································320
Ⅲ. 독수의 과실이론 ····································336
Ⅳ. 사인의 위법수집증거 ······························342
제2절 자백배제법칙 ·····································344
Ⅰ. 자백의 의의 ···········································344
Ⅱ. 자백배제법칙 ·········································346
제3절 전문법칙 ············································359
Ⅰ. 전문증거와 전문법칙 ·····························359
Ⅱ. 전문법칙의 예외 ···································367
제4절 전문법칙의 예외규정 ·························369
Ⅰ. 법원 또는 법관의 면전조서 ····················369
Ⅱ. 피의자신문조서 ······································372
Ⅲ. 진술조서 ·················································381
Ⅳ. 영상녹화물 ············································390
Ⅴ. 진술서 ····················································395
Ⅵ. 수사기관의 검증조서 ·····························402
Ⅶ. 감정서 ···················································406
Ⅷ. 제314조 ·················································407
Ⅸ. 당연히 증거능력이 있는 서류 ·················416
Ⅹ. 전문진술 ·················································421
Ⅺ. 재전문증거 ·············································425
Ⅻ. 진술의 임의성 ········································427
ⅩⅢ. 전문법칙의 관련문제 ·····························428
제5절 증거동의 ·············································441
제3장 증명력 _ 455
제1절 자유심증주의 ······································455
Ⅰ. 자유심증의 개념 ····································455
Ⅱ. 자유심증의 적용 ·····································467
제2절 탄핵증거 ·············································474
제3절 자백의 보강법칙 ································480
제4절 공판조서의 증명력 ·····························493