이윤탁 형사소송법 기출 1200제

제1편 총론
제1장 형사소송법의 기초이론 ······················································ 1
제1절 형사소송법의 의의와 성격 ································································· 1
제2절 형사소송법의 법원과 적용범위 ························································· 1
제2장 형사소송법의 지도이념과 구조 ········································· 7
제1절 형사소송법의 지도이념 ······································································ 7
제2절 형사소송법의 구조 ··········································································· 11

제2편 수사와 공소제기
제1장 수사 일반론 ······································································ 20
제1절 수사와 수사기관 ··············································································· 20
제2절 수사의 조건 ······················································································ 27
제2장 수사의 개시 ······································································ 32
제1절 수사의 단서(수사개시의 원인) ························································ 32
Ⅰ. 변사자 검시 ························································································ 32
Ⅱ. 불심검문 ···························································································· 33
제2절 고소와 고발 ······················································································ 38
제3절 자수 등 ······························································································ 52
제3장 수사의 방법 ······································································ 58
제1절 수사의 기본원칙 ··············································································· 58
제2절 임의수사와 강제수사의 구별 ··························································· 59
Ⅰ. 음주측정 ···························································································· 59
Ⅱ. 임의동행 ···························································································· 62
제3절 임의수사의 방법 ··············································································· 63
제4장 강제처분과 강제수사 ······················································· 75
제1절 대인적 강제수사 ··············································································· 75
Ⅰ. 피의자의 체포 ···················································································· 75
Ⅱ. 피의자의 구속 ···················································································· 87
Ⅲ. 피고인의 구속 ···················································································· 98
Ⅳ. 접견교통권 ······················································································ 103
Ⅴ. 체포.구속적부심사제도 ··································································· 108
Ⅵ. 보석, 구속집행정지 등 ···································································· 115
제2절 대물적 강제수사 ············································································· 124
Ⅰ. 압수와 수색 ····················································································· 124
Ⅱ. 압수.수색.검증에서의 영장주의 예외 ············································· 149
Ⅲ. 압수물의 처리 ·················································································· 159
Ⅳ 수사상 검증.감정 ·············································································· 167
Ⅴ. 통신수사(통신비밀보호법, 감청) ···················································· 170
제3절 증거보전과 수사상의 증인신문 ····················································· 176
제5장 수사종결처분 ································································· 184
제1절 수사의 종결 ···················································································· 184
제2절 불기소처분에 대한 불복(재정신청) ··············································· 188
제3절 공소제기 후의 수사 ········································································ 199
제6장 공소의 제기 ···································································· 203
제1절 공소와 공소제기의 기본원칙 ························································· 203
제2절 공소제기의 방식 ············································································· 206
Ⅰ. 공소장제출주의 ··············································································· 206
Ⅱ. 공소장 일본주의 ·············································································· 223
제3절 공소제기의 효과 ············································································· 227
Ⅰ. 공소제기의 소송법상 효과 ······························································ 227
Ⅱ 공소시효 ··························································································· 229

제3편 소송행위와 소송주체
제1장 소송절차의 기본이론 ····················································· 243
제1절 소송절차의 기본구조 ····································································· 243
제2절 소송절차 이분론 ············································································· 243
제2장 소송의 주체 ···································································· 244
제1절 법 원 ······························································································ 244
Ⅰ. 제척.기피.회피 ················································································· 244
Ⅱ. 법원의 관할 ····················································································· 256
제2절 피고인 ····························································································· 269
Ⅰ. 피고인의 특정 ·················································································· 269
Ⅱ 당사자능력과 소송능력 ···································································· 273
Ⅲ. 피고인의 소송법상 지위 ································································· 275
Ⅳ. 무죄추정의 원칙 ·············································································· 278
Ⅴ. 진술거부권 ······················································································ 282
제3절 변호인 ····························································································· 290
제3장 소송행위와 소송조건 ····················································· 311
제1절 소송행위의 일반적 요소, 일시와 장소 ·········································· 311
제2절 소송행위에 대한 가치판단 ···························································· 316
제3절 소송서류와 송달 ············································································· 322
제4절 소송조건 ························································································· 330

제4편 공 판
제1장 공판절차 ········································································· 336
제1절 공판절차의 기본원칙 ····································································· 335
제2절공판심리의 범위 ·············································································· 337
Ⅰ. 심판의 대상과 공소장 변경 ··························································· 337
Ⅱ. 공소의 취소 ····················································································· 358
제3절 공판준비절차 ················································································· 360
Ⅰ. 일반적인 공판준비절차와 협의의 공판준비절차 ··························· 360
Ⅱ. 증거개시제도 ··················································································· 367
제4절 공판정의 심리 ················································································ 373
Ⅰ. 공판정의 구성 ·················································································· 373
Ⅱ. 전문심리자문위원 ··········································································· 380
Ⅲ. 소송지휘권과 법정경찰권 ······························································· 384
제5절 공판기일의 절차 ············································································· 384
Ⅰ. 공판기일의 절차 ·············································································· 384
Ⅱ. 증거조사의 실시 ·············································································· 388
Ⅲ. 검증?감정 및 통역?번역 ···································································· 397
제2장 증인신문과 공판절차의 특칙 ········································· 400
제1절 증인신문 ························································································· 400
제2절 공판절차의 특칙 ············································································· 416
Ⅰ. 간이공판절차 ··················································································· 416
Ⅱ. 국민참여재판제도 ··········································································· 424
제3절 공판절차의 정지, 갱신, 분리 ························································· 437

제5편 증 거
제1장 증거법의 기초 ································································ 445
제1절 증거의 의의와 종류 ········································································ 445
제2절 증명의 기본원칙 ············································································· 448
제2장 증거능력 ········································································· 458
제1절 위법수집증거배제법칙 ·································································· 458
제2절 자백배제법칙 ················································································· 476
제3절 전문법칙 ························································································· 481
Ⅰ. 전문증거와 전문법칙 ······································································ 481
Ⅱ. 형법 제311조 ～ 제316조 ······························································ 490
제4절증거동의 ·························································································· 531
제3장 증명력 ············································································· 544
제1절 자유심증주의 ················································································· 544
제2절 자백의 보강법칙 ············································································· 548
제3절 탄핵증거 ························································································· 558
제4절 공판조서의 절대적 증명력(배타적 증명력) ·································· 563

제6편 재 판
제1장 재판의 기본개념과 재판의 종류 ···································· 570
재판의 기본개념 ······················································································· 570
제2절 재판의 종류 ···················································································· 570
Ⅰ. 형식재판 ·························································································· 570
Ⅱ.무죄판결과 유죄판결 ······································································· 584
제2장 재판의 확정과 효력 ························································ 590

제7편 상소 재심 특별절차
제1장 상 소 ·············································································· 601
제1절 상소 일반론 ···················································································· 601
Ⅰ. 상소의 의의와 상소권 ····································································· 601
Ⅱ. 상소의 이익 ····················································································· 605
Ⅲ 일부상소 ··························································································· 610
Ⅳ. 상소권회복 ······················································································ 616
Ⅴ. 상소의 포기?취하 ············································································· 618
Ⅵ. 불이익변경금지의 원칙 ··································································· 620
제2절 항소, 상고, 준항고 ······································································· 632
제2장 비상구제절차 ································································· 655
제1절 재 심 ······························································································ 655
제2절 비상상고 ························································································· 667
제3장 특별형사절차 ································································· 670
제1절 약식절차 ························································································· 670
제2절 즉결심판절차 ················································································· 679
제3절 소년에 대한 형사절차 ···································································· 686
제4절 범죄피해자 보호절차 ····································································· 690
제5절형의 집행과 형사보상 ···································································· 699