2025 All-in-One 로스쿨 형사소송법 암기장

제1편 형사소송법 선택형 정리
제 1 형사소송법 서론 ·····································································································8
제 2 소송주체론 ···········································································································13
제 3 법원의 관할 ·········································································································19
제 4 제척·기피·회피 제도 ························································································24
제 5 변호인제도 ···········································································································25
제 6 소송행위 ··············································································································29
제 7 수사총론 ··············································································································35
제 8 고소·고발·자수 ································································································38
제 9 임의수사 ··············································································································43
제 10 체포제도 ···············································································································51
제 11 구속 ······················································································································55
제 12 체포·구속된 자의 석방위한 제도 ·······································································57
제 13 압수·수색·검증의 절차 ····················································································53
제 14 수사상 증거보전 ··································································································75
제 15 수사의 종결 ··········································································································77
제 16 재정신청 ··············································································································49
제 17 공소제기 ··············································································································82
제 18 공소시효 ··············································································································88
제 19 공소장변경의 제문제 ···························································································93
제 20 공판절차 ············································································································104
제 21 증인신문 ············································································································108
제 22 이의신청 ·············································································································111
제 23 간이공판절차 ······································································································112
제 24 공판절차의 정지와 갱신 ····················································································113
제 25 소송지휘권 ·········································································································114
제 26 국민참여재판 ·····································································································115
제 27 자유로운 증명의 대상 ························································································116
제 28 위수증과 증거동의 ·····························································································117
제 29 전문법칙 ············································································································118
제 30 수사기관 작성의 조서 ·······················································································123
제 31 제313조 제1항·제2항 ························································································127
제 32 제314조 ·············································································································129
제 33 제315조에 대한 판례의 정리 ·············································································132
제 34 제316조에 대한 판례의 정리 ············································································133
제 35 증거동의 ············································································································134
제 36 탄핵증거 ············································································································136
제 37 자백의 보강법칙 ································································································138
제 38 유죄판결에 명시될 이유 ···················································································140
제 39 기판력 ···············································································································142
제 40 상소 ···················································································································145
제 41 불이익변경금지의 원칙 ······················································································150
제 42 파기판결의 기속력(법원조직법 제8조) ······························································154
제 43 항소심과 상고심 ································································································155
제 44 항고 ···················································································································159
제 45 비상구제절차(재심과 비상상고) ·········································································163
제 46 특별소송절차 ·····································································································169
제 47 형집행장 ············································································································173
제2편 형사소송법 사례형 정리
예제 1 공소장변경과 필요적 이송 ······································································176
예제 2 성명모용소송과 필요적 변호사건 ·····························································179
예제 3 위장출석과 위장자수 ·····················································································183
예제 4 필요적 변호사건에서 무죄가 선고된 경우 ·····················································187
예제 5 변호인 선임계의 추완 ···················································································189
예제 6 수사와 내사 ····································································································191
예제 7 영장없는 체포와 함정수사 ·············································································193
예제 8 신종수사기법-최면수사 ··················································································195
예제 9 불심검문과 신분증명사례 ···············································································197
예제 10 영장신청기각처분에 대한 불복 ······································································199
예제 11 고소불가분의 원칙과 사경의 불송치결정 ······················································202
예제 12 고소취소의 법률관계 ·····················································································204
예제 13 미성년자의 고소취소와 법정대리인의 동의 ··················································206
예제 14 수사상 임의동행 ····························································································208
예제 15 통신비밀보호법상 감청 ··················································································210
예제 16 피의자신문을 위한 구인 ·················································································214
예제 17 변호인의 피의자신문참여권 ···········································································216
예제 18 영장없는 신병확보 ·······················································································219
예제 19 체포영장의 긴급집행 도중 혐행범으로 체포한 사안 ····································221
예제 20 구속기간의 계산 및 구속영장청구시한 ·························································223
예제 21 피고인 구속과 사전청문절차(제72조) ····························································226
예제 22 변호사의 비닉권과 의뢰인의 특권 ································································229
예제 23 압수·수색의 절차 ························································································240
예제 24 소유권포기와 압수물환부청구권 ···································································244
예제 25 수사상 가환부 ·······························································································247
예제 26 압수·수색·검증에 있어 영장주의의 예외 ··················································249
예제 27 위법한 압수물의 환부 후 임의제출 ······························································252
예제 28 키워드·확장자 검색 후 압수사례 ································································254
예제 29 외국계 이메일 압수·수색사건 ·····································································256
예제 30 수사상 증거보전 ···························································································260
예제 30 수사상 증거보전 ····························································································264
예제 31 재정신청과 재소자특칙 ··················································································267
예제 32 재정신청과 소추금지, 재정결정에 대한 불복 ···············································269
예제 33 공소제기 후 수사 ··························································································273
예제 34 불평등기소 ····································································································279
예제 35 공소시효의 계산 ····························································································281
예제 36 예비적 기재와 재체포의 금지 ·······································································284
예제 37 공소장일본주의 ·····························································································288
예제 38 일죄일부의 기소사례 ·····················································································292
예제 39 공소장변경 ·····································································································297
예제 41 공소장변경신청의 절차 ·················································································306
예제 40 불출석 특례 및 공소시효의 계산 ·································································308
예제 41 포괄일죄와 이중기소 ······················································································313
예제 42 재판비공개결정이 위법한 경우 ······································································316
예제 43 유도신문, 반대신문결여 하자의 치유 ····························································318
예제 44 범죄피해자의 진술보호장치 ···········································································321
예제 45 간이공판절차 ·································································································323
예제 46 철야신문에 의한 자백 ···················································································327
예제 47 전문법칙, 날인이 누락된 영장의 유효성 ······················································329
예제 48 내사단계에 작성된 진술조서의 증거능력 ······················································335
예제 49 검사작성 공동피고인에 대한 피신조서 ·························································338
예제 50 적법한 절차와 방식에 따라 작성된 조서 ·····················································340
예제 51 조서의 실질적 진정성립 ················································································344
예제 52 대질신문조서 ·································································································347
예제 53 공범피신조서와 제314조 ···············································································349
예제 54 제313조 제1항·제2항 진술서 ·······································································351
예제 55 진술녹음 ········································································································354
예제 56 현장녹음의 증거능력 ·····················································································358
예제 57 수사기관이 촬영한 현장사진(비디오)의 증거능력 ·········································362
예제 58 사인이 촬영한 현장사진 ···············································································365
예제 59 비진술증거의 대체물인 사진 ········································································368
예제 60 정당한 증언거부권의 행사 ············································································370
예제 61 정당하지 못한 증언거부권의 행사 ·································································372
예제 62 제315조 사례 ·································································································374
예제 63 다른 사건의 공판조서의 증거능력 ································································378
예제 64 공동피고인의 진술에 대한 전문진술 ····························································380
예제 65 재전문증거사례 ·····························································································383
예제 66 피고인과 변호인의 불출석과 증거동의 ·························································386
예제 67 탄핵증거 ········································································································388
예제 68 공범인 공동피고인의 증인적격 ·····································································390
예제 69 공동피고인의 법정진술과 자백의 보강법칙 ··················································392
예제 70 수첩과 자백의 보강법칙 ···············································································394
예제 71 상습범과 기판력의 객관적 범위 ····································································396
예제 72 범칙금납부와 기판력 ·····················································································399
예제 74 불복체계론 ····································································································402
예제 73 약식명령, 일죄일부의 상소 ···········································································407
예제 74 일부상소와 불이익변경금지의 원칙 ·······························································413
예제 75 상소의 제문제 ································································································417
예제 76 소촉법상 재심 ·······························································································424
예제 77 재심관련 사례 ·······························································································429
예제 78 비상상고 사례 ·······························································································434