2021 MASTER 수사와 증거

제1편 수 사
제1장 수 사
제1절 수사의 기본개념 ··························································································· 3
[1] 수사의 의의와 수사기관/ 3 [2] 수사의 구조와 피의자의 지위/ 12
[3] 수사의 조건/ 14
제2절 수사의 개시 ······························································································· 19
[1] 수사의 단서/ 19 [2] 불심검문/ 19
[3] 고 소/ 25 [4] 기타의 수사단서/ 40
제3절 수사의 방법 ······························································································· 46
[1] 총 설/ 46 [2] 임의수사/ 52 [3] 강제수사/ 61
제4절 대인적 강제수사 ························································································· 65
[1] 피의자의 체포/ 65 [2] 피의자 구속/ 80
[3] 피의자·피고인의 접견교통권/ 92 [4] 체포·구속된 피의자의 석방제도/ 99
제5절 대물적 강제수사 ······················································································· 108
[1] 수사상의 압수·수색/ 108 [2] 수사상의 검증/ 126
[3] 압수·수색·검증과 영장주의의 예외/ 135
[4] 수사상의 감정/ 145 [5] 기술적 수단에 의한 수사/ 148
제6절 수사상의 증거보전 ···················································································· 161
[1] 증거보전/ 161 [2] 참고인에 대한 증인신문/ 165
제7절 수사의 종결 ····························································································· 170
[1] 수사종결의 의의와 종류/ 170 [2] 불송치결정·불기소결정에 대한 불복방법/ 178
[3] 공소제기 후의 수사/ 182

제2편 증 거
제1장 증 거
제1절 증거법의 기본개념 ···················································································· 189
[1] 증거의 의의와 종류/ 189 [2] 증거능력과 증명력/ 192
제2절 증명의 기본원칙 ······················································································· 194
[1] 증거재판주의/ 194 [2] 거증책임/ 203 [3] 자유심증주의/ 207
제3절 위법수집증거배제법칙 ················································································ 218
[1] 서 설/ 218
[2] 위법수집증거배제법칙의 적용범위/ 219
[3] 위법수집증거배제법칙의 적용효과/ 231
제4절 자백배제법칙 ···························································································· 232
[1] 자백의 의의와 효과/ 232 [2] 자백배제법칙/ 235
제5절 전문법칙 ·································································································· 243
[1] 전문증거와 전문법칙/ 243 [2] 전문법칙의 예외/ 247 [3] 진술의 임의성/ 300
제6절 당사자의 동의와 증거능력 ·········································································· 304
[1] 증거동의의 의의와 성질/ 304 [2] 증거동의의 방법/ 305
[3] 증거동의의 의제/ 309 [4] 증거동의의 효과/ 311
[5] 증거동의의 철회 및 취소/ 313
제7절 탄핵증거 ·································································································· 314
[1] 탄핵증거의 의의와 성격/ 314 [2] 탄핵증거의 허용범위 및 자격/ 315
[3] 탄핵의 대상과 범위/ 317 [4] 탄핵증거의 제출과 조사방법/ 319
제8절 자백보강법칙 ···························································································· 320
[1] 자백보강법칙의 의의와 필요성/ 320 [2] 자백보강법칙의 적용범위/ 321
[3] 보강증거의 자격/ 324 [4] 보강증거의 범위/ 327
[5] 자백보강법칙 위반의 효과/ 330
제9절 공판조서의 증명력 ···················································································· 331
[1] 공판조서의 배타적 증명력/ 331 [2] 배타적 증명력이 인정되는 범위/ 332
[3] 배타적 증명력 있는 공판조서/ 335