2022 Dike 법원직 형사소송법 사례

제 1. 공소장변경과 필요적 이송 ··················································································································3
제 2. 필요적 변호와 성명모용소송 ·········································································································5
제 3. 필요국선과 필요적 변호사건 ········································································································9
제 4. 위법한 함정수사의 효과 ··············································································································11
제 5. 통신비밀보호법상 감청 ···············································································································13
제 6. 친고죄의 고소와 고소취소 ··········································································································17
제 7. 불심검문사례 ······························································································································21
제 8. 수갑해제요청과 변호인의 피의자신문참여권 ···············································································25
제 9. 피의자에 대한 신병확보 ·············································································································28
제 10. 현행범 체포 ·······························································································································31
제 11. 체포절차의 적법성 ·····················································································································35
제 12. 피고인 구속과 사전청문절차(제72조) ·························································································39
제 13. 압수·수색의 범위와 변호인의 비닉권 ·······················································································43
제 14. 외국계이메일의 압수와 압수목록의 교부 ····················································································47
제 15. 전자기록의 압수·수색과 키워드·확장자 검색 ··········································································51
제 16. 수사상 가환부 ····························································································································57
제 17. 압수·수색에 있어 영장주의 예외 ······························································································59
제 18. 영장의 유효기간과 임의제출 ······································································································63
제 19. 피의자 아닌 자의 임의제출 ········································································································67
제 20. 재정신청과 재소자특칙, 소추금지효과 ·······················································································71
제 21. 공소제기 후 수사 ·······················································································································77
제 22. 공소시효 ····································································································································79
제 23. 공소장일본주의와 공소권남용 ····································································································83
제 24. 공소장변경과 증거개시결정에 대한 불복 ····················································································87
제 25. 공소장변경신청서 부본을 송달하지 않은 사례 ············································································91
제 26. 축소사실의 심판의무와 증거물인 서면 ·······················································································93
5
제 27. 공소장변경요구 ··························································································································97
제 28. 증인신문 ···································································································································99
제 29. 피고인신문과 결심절차 ············································································································103
제 30. 사인이 촬영한 사진의 증거조사 ·······························································································107
제 31. 날인이 누락된 영장에 의한 압수사례 ·······················································································109
제 32. 전문증거인지가 다투어진 사안 ·································································································111
제 33. 적법한 절차와 방식에 따라 작성된 조서 ··················································································113
제 34. 사경작성 공범피신조서와 양벌규정 ··························································································115
제 35. 전문법칙관련 사례 ···················································································································117
제 36. 전화문답녹취서의 증거능력 ······································································································125
제 37. 정당한 증언거부권의 행사와 제314조 ······················································································127
제 38. 정당하지 못한 증언거부권행사 ·································································································129
제 39. 당연히 증거능력 있는 서류 ······································································································131
제 40. 공동피고인의 진술이 전문된 사례 ···························································································133
제 41. 탄핵증거 사례 ··························································································································135
제 42. 공범인 공동피고인의 법정진술과 증인적격 ···············································································137
제 43. 기판력의 객관적 범위 ··············································································································141
제 44. 범칙금납부와 기판력의 객관적 범위 ························································································143
제 45. 기판력의 시적 범위 ·················································································································145
제 46. 일부상소와 항소권회복 ············································································································147
제 47. 항소심절차 ······························································································································· 151
제 48. 상고이유와 불이익변경금지원칙 ·······························································································155
제 49. 일부상소와 상고이유 제한의 법리 ····························································································159
제 50. 소송촉진특례법상 재심사유 ·····································································································163
제 51. 재심개시의 범위 및 불이익변경금지원칙 ··················································································167
제 52. 제420조 제7호의 재심 ·············································································································171
제 53. 비상상고(형제복지원사건) ········································································································175
제 54. 약식명령과 형종상향금지의 원칙 ·····························································································179