이윤탁 형사소송법 기출 1200제

제1편 총 론
제1장 형사소송법의 기초이론 ····················································································· 12
제1절 형사소송법의 의의와 성격 ·················································································· 12
제2절 형사소송법의 법원과 적용범위 ··········································································· 12
제2장 형사소송법의 지도이념과 구조 ········································································· 17
제1절 형사소송법의 지도이념 ······················································································· 17
제2절 형사소송법의 구조 ···························································································· 20

제2편 수사와 공소제기
제1장 수사 일반론 ······································································································ 28
제1절 수사와 수사기관 ································································································ 28
제2절 수사의 조건 ······································································································· 29
제2장 수사의 개시 ····································································································· 34
제1절 수사의 단서(수사개시의 원인) ··········································································· 34
Ⅰ. 변사자 검시 ···············································································································34
Ⅱ. 불심검문 ····················································································································35
제2절 고소와 고발 ······································································································· 38
제3절 반의사불벌죄와 자수 ························································································· 52
제3장 수사의 방법 ····································································································· 58
제1절 수사의 기본원칙 ································································································ 58
제2절 임의수사와 강제수사의 구별 ············································································· 59
Ⅰ. 음주측정 ····················································································································59
Ⅱ. 임의동행 등 ················································································································61
제3절 임의수사의 방법 ································································································ 63
제4장 강제처분과 강제수사 ······················································································· 75
제1절 대인적 강제수사 ································································································· 75
Ⅰ. 피의자의 체포 ············································································································75
Ⅱ. 피의자의 구속 ············································································································88
Ⅲ. 피고인의 구속 ············································································································99
Ⅳ. 접견교통권 ···············································································································103
Ⅴ. 체포·구속적부심사제도 ···························································································109
Ⅵ. 보석, 구속집행정지 등 ·····························································································117
제2절 대물적 강제수사 ······························································································ 124
Ⅰ. 압수와 수색 ·············································································································124
Ⅱ. 압수·수색·검증에서의 영장주의 예외 ·····································································147
Ⅲ. 압수물의 처리 ··········································································································156
Ⅳ. 수사상 검증·감정 ·····································································································162
Ⅴ. 통신수사(통신비밀보호법, 감청) ·············································································165
제3절 증거보전과 수사상의 증인신문 ········································································· 171
제5장 수사의 종결 ··································································································· 178
제1절 수사종결처분 ··································································································· 178
제2절 불기소처분에 대한 불복(재정신청) ··································································· 181
제3절 공소제기 후의 수사 ························································································· 189
제6장 공소의 제기 ··································································································· 193
제1절 공소와 공소제기의 기본원칙 ············································································ 193
제2절 공소제기의 방식 ······························································································ 196
Ⅰ. 공소장제출주의 ········································································································196
Ⅱ. 공소장 일본주의 ······································································································212
제3절 공소제기의 효과 ······························································································ 215
Ⅰ. 공소제기의 소송법상 효과 ·······················································································215
Ⅱ .공소시효 ··················································································································217

제3편 소송행위와 소송주체
제1장 소송절차의 기본이론 ······················································································ 232
제1절 소송절차의 기본구조 ······················································································· 232
제2절 소송절차 이분론 ····························································································· 232
제2장 소송의 주체 ··································································································· 233
제1절 법 원 ·············································································································· 233
Ⅰ. 제척·기피·회피 ·······································································································233
Ⅱ. 법원의 관할 ·············································································································243
제2절 피고인 ············································································································ 255
Ⅰ. 피고인의 특정 ··········································································································255
Ⅱ. 당사자능력과 소송능력 ···························································································259
Ⅲ. 피고인의 소송법상 지위 ··························································································262
Ⅳ. 무죄추정의 원칙 ······································································································264
Ⅴ. 진술거부권 ··············································································································269
제3절 변호인 ············································································································ 276
제3장 소송행위와 소송조건 ····················································································· 296
제1절 소송행위의 일반적 요소, 일시와 장소 ······························································ 296
제2절 소송행위에 대한 가치판단 ··············································································· 302
제3절 소송서류와 송달 ····························································································· 309
제4절 소송조건 ········································································································· 316

제4편 공 판
제1장 공판절차 ········································································································ 322
제1절 공판절차의 기본원칙 ······················································································· 322
제2절 공판심리의 범위 ····························································································· 324
Ⅰ. 심판의 대상과 공소장 변경 ·····················································································324
Ⅱ. 공소의 취소 ·············································································································344
제3절 공판준비절차 ································································································· 346
Ⅰ. 일반적인 공판준비절차와 협의의 공판준비절차 (쟁점과 증거증리 절차) ··············346
Ⅱ. 증거개시제도 ···········································································································353
제4절 공판정의 심리 ································································································· 359
Ⅰ. 공판정의 구성 ··········································································································359
Ⅱ. 전문심리자문위원 ····································································································365
Ⅲ. 소송지휘권과 법정경찰권 ························································································368
제5절 공판기일의 절차 ····························································································· 368
Ⅰ. 공판기일의 절차 ······································································································368
Ⅱ. 증거조사의 실시 ······································································································372
Ⅲ. 검증·감정 및 통역·번역 ··························································································382
제2장 증인신문과 공판절차의 특칙 ········································································· 385
제1절 증인신문 ········································································································· 385
제2절 공판절차의 특칙 ····························································································· 399
Ⅰ. 간이공판절차 ···········································································································399
Ⅱ. 국민참여재판제도 ····································································································407
제3절 공판절차의 정지, 갱신, 분리 ············································································ 419

제5편 증 거
제1장 증거법의 기초 ································································································ 428
제1절 증거의 의의와 종류 ························································································· 428
제2절 증명의 기본원칙 ····························································································· 432
제2장 증거능력 ······································································································· 444
제1절 위법수집증거배제법칙 ···················································································· 444
제2절 자백배제법칙 ·································································································· 465
제3절 전문법칙 ········································································································· 471
Ⅰ. 전문증거와 전문법칙 ·······························································································471
Ⅱ. 형법 제311조~제316조 ···························································································480
제4절 증거동의 ········································································································· 517
제3장 증명력 ·········································································································· 528
제1절 자유심증주의 ·································································································· 528
제2절 자백의 보강법칙 ····························································································· 534
제3절 탄핵증거 ········································································································ 545
제4절 공판조서의 절대적 증명력(배타적 증명력) ······················································ 550

제6편 재 판
제1장 재판의 기본개념과 재판의 종류 ······································································ 558
제1절 재판의 기본개념 ······························································································ 558
제2절 재판의 종류 ···································································································· 558
Ⅰ. 형식재판 ··················································································································558
Ⅱ. 무죄판결과 유죄판결 ·······························································································568
제2장 재판의 확정과 효력 ························································································ 573

제7편 상소 재심 특별절차
제1장 상 소 ·············································································································· 584
제1절 상소 일반론 ····································································································· 584
Ⅰ. 상소의 의의와 상소권 ······························································································584
Ⅱ. 상소의 이익 ·············································································································587
Ⅱ. 일부상소 ··················································································································591
Ⅳ. 상소권회복 ···············································································································597
Ⅴ. 상소의 포기·취하 ····································································································600
Ⅵ. 불이익변경금지의 원칙 ····························································································601
제2절 항소, 상고, 준항고 ··························································································· 612
제2장 비상구제절차 ································································································ 632
제1절 재 심 ·············································································································· 632
제2절 비상상고 ········································································································ 644
제3장 특별형사절차 ································································································ 646
제1절 약식절차 ········································································································· 646
제2절 즉결심판절차 ·································································································· 654
제3절 소년에 대한 형사절차 ······················································································ 661
제4절 범죄피해자 보호절차 ······················································································ 665
제5절 형의 집행과 형사보상 ····················································································· 674