2022년 하반기 형사소송법 최신판례정리

…… 형 사 소 송 법 ……
[1] 수사의 개시 ···································································································· 3
1. 부재자 재산관리인의 고소권 (大判 2021도2488) ··················································· 3
[2] 대물적 강제수사 ······························································································ 5
2. 압수·수색절차의 적법성 (大決 2019모2584) ························································· 5
3. 정보저장매체에 대한 압수의 절차와 방법 (大判 2022도2960) ································· 8
4. 압수·수색절차의 적법성 (大決 2016모587) ························································· 10
5. 원격지 서버 저장정보에 대한 압수·수색의 적법성 (大決 2020모735) ····················· 12
6. 통신비밀보호법상의 ‘공개되지 아니한 타인간의 대화’의 의미 (大判 2020도1007) ···· 14
[3] 공소시효 ······································································································· 16
7. 공소시효의 연장과 소급효 (大判 2020도1153) ···················································· 16
8. 공소제기 후 형사처분을 면할 목적으로 국외에 있는 경우 (大判 2020도13547) ······· 18
[4] 증거법의 기본개념 ························································································· 19
9. 간접증거에 의한 증명의 정도 (大判 2022도2236) ··············································· 19
[5] 증명의 기본원칙 ···························································································· 21
10. ‘위드마크 공식’의 적용을 위한 증명의 방법 (大判 2021도14074) ························ 21
11. 성폭력 피해자의 진술의 신빙성 판단방법 (大判 2021도3451) ····························· 23
12. 성폭력 피해자의 진술의 증명력 판단방법 등 (大判 2020도11185) ······················· 25
[6] 전문법칙 ······································································································· 27
13. 진술조서의 실질적 진정성립을 증명할 수 있는 영상녹화물의 의미 (大判 2022도364) ·························································································································· 27
[7] 재판의 기본개념 ···························································································· 31
14. 재판장의 판결 변경 선고의 적법성 (大判 2017도3884) ······································ 31
[8] 상소의 일반이론 ···························································································· 33
15. 공시송달의 적법요건과 상소권회복청구의 적법 여부 (大決 2022모439) ················ 33
[9] 항 소 ··········································································································· 35
16. 항소심에서 증인 진술의 신빙성에 대해서 제1심과 다른 판단을 하는 경우 (大判 2017도11582) ············································································································ 35
17. 형사소송법 제364조의2에서 ‘항소한 공동피고인’의 범위 (大判 2021도10579) ······ 37
[10] 상 고 ········································································································· 38
18. 비약적 상고에 항소로서의 효력의 인정여부 (大判 2021도17131, 2021전도170, 전원합의체 판결) ·········································································································· 38
[11] 재 심 ········································································································· 42
19. 재심청구의 대상 (大決 2022모509) ·································································· 42
[12] 피해자 보호절차 ·························································································· 44
20. 배상명령과 ‘다른 절차에 따른 손해배상청구’의 관계 (大判 2020도12279) ············ 44