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2022년 하반기 형사소송법 최신판례정리

2022년 하반기 형사소송법 최신판례정리

(22.07.01~22.11.15)

신호진 (지은이)
  |  
문형사
2022-11-28
  |  
5,000원

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2022년 하반기 형사소송법 최신판례정리

책 정보

· 제목 : 2022년 하반기 형사소송법 최신판례정리 (22.07.01~22.11.15)
· 분류 : 국내도서 > 수험서/자격증 > 인문/사회/법(고등고시) > 변호사시험 > 형사소송법
· ISBN : 9791166870965
· 쪽수 : 44쪽

책 소개

2022년 7월부터 2022년 11월까지 대법원 형사판례를 정리한 교재이다. 가장 먼저 판례의 사실관계를 정리하여 소개함으로써 판례를 보다 정확하고 깊게 이해할 수 있도록 하였다. 또한 판례의 내용을 소개하기 전에 먼저 질문의 형태로 그 사건에서 다투어졌던 쟁점을 세분화하여 구체적으로 부각시켰다.

목차

…… 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

저자소개

신호진 (지은이)    자세히
연세대학교 법학과와 고려대학교 대학원을 졸업했다. 연세대, 동국대, 단국대, 건국대, 경북대, 동아대, 전북대, 영남대학교 등에서 형법특강을 담당하였으며, 한국 싸이버대학교(KCU)에서 법학과 교수, 동국대학교 법학과에서 법학과 겸임교수를 역임하였다.
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