2017 이윤탁 형사소송법 단문집

제1편 총 론
[01] 실체진실주의························································································································· 03
[02] 적정절차의 원리·················································································································· 06
[03] 신속한 재판의 원칙·········································································································· 09
[04] 검사와 사법경찰관리의 관계······················································································· 12
[05] 피고인의 소송법상 지위································································································ 15
[06] 무죄추정의 원칙·················································································································· 18
[07] 진술거부권······························································································································ 22
[08] 변호인의 소송법상 지위와 권한··············································································· 28
[09] 국선변호인······························································································································ 32
[10] 변호인의 접견교통권········································································································ 36
[11] 변호인의 피의자신문 참여권······················································································· 40
[12] 형사기록의 열람 등사권······························································································ 44
[13] 증거개시제도························································································································· 50
[14] 무효의 치유···························································································································· 53
제2편 수 사
[15] 수사의 조건···························································································································· 59
[16] 수사의 필요성 친고죄의 고소전 수사··························································· 62
[17] 함정수사··································································································································· 65
[18] 불심검문··································································································································· 70
[19] 소지품 검사···························································································································· 75
5
[20] 고소············································································································································· 78
[21] 고소불가분의 원칙············································································································· 85
[22] 고소의 취소···························································································································· 90
[23] 고소의 포기···························································································································· 95
[24] 고소와 고발의 이동(異同) ····························································································· 98
[25] 임의수사의 본질과 한계······························································································ 102
[26] 임의동행································································································································· 107
[27] 감청(도청) ······························································································································ 113
[28] 피의자 신문·························································································································· 118
[29] 강제수사에 대한 규제··································································································· 124
[30] 수사에 대한 사법적 통제···························································································· 127
[31] 위법수사에 대한 구제··································································································· 131
[32] 체포영장에 의한 체포(영장체포) ············································································· 135
[33] 긴급체포································································································································· 139
[34] 현행범인의 체포················································································································ 144
[35] 피의자의 구속····················································································································· 149
[36] 구속 전 피의자심문제도(영장실질심사제도) ···················································· 153
[37] 구속영장의 성질과 효력······························································································ 156
[38] 이중구속································································································································· 159
[39] 별건구속(여죄수사의 한계) ························································································· 162
[40] 구속기간································································································································· 166
[41] 피의자 피고인의 접견교통권·················································································· 170
[42] 체포·구속적부심사제도······························································································· 174
[43] 보증금납입조건부 피의자석방(피의자보석) ······················································· 179
6
[44] 보석··········································································································································· 183
[45] 체포·구속된 피의자·피고인의 석방제도························································ 188
[46] 인신구속과 인권보장······································································································ 191
[47] 영장주의와 예외················································································································ 196
[48] 수사상 압수·수색··········································································································· 199
[49] 압수·수색·검증에 있어서의 영장주의의 예외··········································· 205
[50] 체포현장에서의 압수·수색·검증········································································· 210
[51] 긴급체포시의 압수·수색·검증·············································································· 214
[52] 범죄장소에서의 압수·수색·검증········································································· 217
[53] 압수물의 가환부와 환부······························································································ 219
[54] 수사상 압수물의 환부··································································································· 224
[55] 신체검사(체내강제수사, 강제채혈, 강제채뇨) ······························································ 229
[56] 강제채혈································································································································· 234
[57] 수사상의 감정유치··········································································································· 237
[58] 수사상 증거보전················································································································ 240
[59] 수사상 증인신문················································································································ 243
[60] 수사상 증거보전과 수사상 증인신문의 이동·················································· 246
[61] 불기소 처분·························································································································· 249
[62] 재정신청································································································································· 253
[63] 공소제기 후의 수사········································································································ 258
제3편 공소제기
[64] 공소권 남용이론················································································································ 265
[65] 기소독점주의······················································································································· 270
7
[66] 기소편의주의······················································································································· 273
[67] 공소장일본주의·················································································································· 276
[68] 일죄의 일부에 대한 공소제기·················································································· 280
[69] 공소시효································································································································· 282
제4편 공 판
[70] 공소장변경···························································································································· 289
[71] 공소장변경의 필요성(요부) ·························································································· 294
[72] 소송관계인의 공판기일 출석····················································································· 297
[73] 증인적격································································································································· 301
[74] 증인과 참고인의 이동··································································································· 305
[75] 증인과 감정인의 이동··································································································· 308
[76] 증인의 의무와 권리········································································································ 311
[77] 증언거부권···························································································································· 315
[78] 피해자의 형사절차상 지위························································································· 318
[79] 간이공판절차······················································································································· 322
제5편 증 거
[80] 증거의 의의, 종류············································································································ 329
8
[81] 증거의 수집·························································································································· 332
[82] 증거재판주의······················································································································· 335
[83] 엄격한 증명의 대상········································································································ 339
[84] 거증책임································································································································· 342
[85] 거증책임의 전환················································································································ 345
[86] 위법수집증거배제법칙···································································································· 348
[87] 독수의 과실이론················································································································ 353
[88] 자백배제법칙······················································································································· 356
[89] 약속에 의한 자백············································································································· 364
[90] 전문법칙································································································································· 367
[91] 전문법칙의 예외················································································································ 372
[92] 검사 작성 피의자신문조서························································································· 375
[93] 사법경찰관 작성 피의자신문조서··········································································· 379
[94] 진술조서································································································································· 385
[95] 진술서······································································································································ 389
[96] 수사기관 작성의 검증조서························································································· 392
[97] 실황조사서···························································································································· 396
[98] 감정서······································································································································ 400
[99] 제314조를 논함················································································································· 402
[100] 제315조의 당연히 증거능력이 있는 서류····················································· 406
[101] 전문진술의 증거능력··································································································· 409
[102] 조사자증언의 증거능력······························································································ 413
[103] 진술의 임의성·················································································································· 417
[104] 사진의 증거능력············································································································· 420
9
[105] 녹음테이프의 증거능력······························································································ 425
[106] 컴퓨터 디스켓의 증거능력······················································································· 430
[107] 거짓말탐지기 검사결과의 증거능력··································································· 433
[108] 수사기관 영상녹화물의 증거능력········································································ 437
[109] 자유심증주의와 그 예외···························································································· 441
[110] 당사자의 동의와 증거능력······················································································· 445
[111] 탄핵증거······························································································································ 452
[112] 자백의 보강법칙············································································································· 457
[113] 공범자의 자백·················································································································· 463
[114] 공판조서의 증거능력과 증명력············································································· 469
제6편 특별절차
[115] 제420조 제5호를 논함······························································································· 475
[116] 약식절차······························································································································ 479
[117] 즉결심판절차···················································································································· 482