이윤탁 형사소송법 합격생 필기노트

PART 01 총 론
CHAPTER 01 형사소송법의 기초이론 ······················································· 11
제1절 형사소송법의 의의와 성격 ······························································· 11
제2절 형사소송법의 법원과 적용범위 ························································ 11
CHAPTER 02 형사소송법의 이념과 구조 ·················································· 15
제1절 형사소송법의 지도이념 ····································································· 15
제2절 형사소송의 구조 ··············································································· 18

PART 02 수사와 공소제기
CHAPTER 01 수사 일반론 ······································································· 23
제1절 수사와 수사기관 ··············································································· 23
제2절 수사의 조건 ······················································································ 39
CHAPTER 02 수사의 개시 ······································································· 42
제1절 수사의 단서(수사개시의 원인) ························································· 42
제2절 고 소 ······························································································· 44
제3절 고 발 ······························································································· 50
제4절 반의사불벌죄 ····················································································· 52
제5절 자 수 ······························································································· 53
CHAPTER 03 수사의 방법 ······································································· 55
제1절 수사의 기본원칙 ··············································································· 55
제2절 임의수사와 강제수사의 구별 ···························································· 55
제3절 임의수사의 방법 ··············································································· 58
CHAPTER 04 강제처분과 강제수사 ·························································· 63
제1절 강제처분과 인권보장 ········································································ 63
제2절 대물적 강제수사 ··············································································· 81
제3절 수사상의 증거보전 ············································································ 99
CHAPTER 05 수사의 종결 ····································································· 103
제1절 수사의 종결 ···················································································· 103
제2절 불기소처분에 대한 불복 ································································ 105
제3절 공소제기 후의 수사 ······································································· 109
CHAPTER 06 공소의 제기 ····································································· 111
제1절 공소와 공소권이론 ········································································· 111
제2절 공소제기의 기본원칙 ······································································ 112
제3절 공소제기의 방식 ············································································· 113
제4절 공소제기의 효과 ············································································· 119

PART 03 소송행위와 소송주체
CHAPTER 01 소송절차의 기본이론 ························································ 127
제1절 소송절차의 기본구조 ······································································ 127
제2절 소송절차 이분론 ············································································· 127
CHAPTER 02 소송의 주체 ····································································· 128
제1절 법 원 ···························································································· 128
제2절 검 사 ···························································································· 139
제3절 피고인 ····························································································· 142
제4절 변호인 ····························································································· 147
제5절 보조인 ····························································································· 153
CHAPTER 03 소송행위와 소송조건 ························································ 154
제1절 소송행위의 의의와 종류 ································································ 154
제2절 소송행위의 일반적 요소 ································································ 154
제3절 소송행위의 일시와 장소 ································································ 155
제4절 소송행위에 대한 가치판단 ····························································· 156
제5절 소송서류와 송달 ············································································· 158
제6절 소송조건 ························································································· 160

PART 04 공 판
CHAPTER 01 공판절차 ·········································································· 163
제1절 공판절차의 기본원칙 ······································································ 163
제2절 공판심리의 범위 ············································································· 165
제3절 공판준비절차 ·················································································· 174
제4절 공판정의 심리 ················································································ 179
제5절 공판기일의 절차 ············································································· 184
CHAPTER 02 증인신문과 공판절차의 특칙 ············································ 189
제1절 증인신문ㆍ감정ㆍ검증 ···································································· 189
제2절 공판절차의 특칙 ············································································· 194

PART 05 증 거
CHAPTER 01 증거의 의의와 종류 ························································· 205
CHAPTER 02 증명의 기본원칙 ······························································ 208
제1절 증거재판주의 ·················································································· 208
제2절 거증책임 ························································································· 210
CHAPTER 03 증거능력 ·········································································· 211
제1절 위법수집증거 배제법칙 ·································································· 211
제2절 자백배제법칙 ·················································································· 215
제3절 전문법칙 ························································································· 217
제4절 당사자의 동의와 증거능력 ···························································· 234
CHAPTER 04 증명력 ············································································· 237
제1절 자유심증주의 ·················································································· 237
제2절 자백의 보강법칙 ············································································ 239
제3절 공판조서의 증명력 ········································································· 242
제4절 탄핵증거 ························································································· 244

PART 06 재 판
CHAPTER 01 재판의 기본개념 ······························································ 249
CHAPTER 02 종국재판 ·········································································· 251
CHAPTER 03 재판의 확정과 효력 ························································· 256
CHAPTER 04 소송비용 ·········································································· 259

PART 07 상소 ㆍ 비상구제 ㆍ 특별절차
CHAPTER 01 상 소 ············································································· 263
제1절 상소제도의 일반 ············································································· 263
제2절 항 소 ···························································································· 278
제3절 상 고 ···························································································· 283
제4절 항 고 ···························································································· 288
CHAPTER 02 비상구제절차 ··································································· 294
제1절 재 심 ···························································································· 294
제2절 비상상고 ························································································· 300
CHAPTER 03 특별형사절차 ··································································· 303
제1절 약식절차 ························································································· 303
제2절 즉결심판절차 ·················································································· 306
제3절 소년에 대한 형사절차 ···································································· 310
제4절 범죄피해자 보호제도 ······································································ 313
CHAPTER 04 재판의 집행과 형사보상 ··················································· 317
제1절 재판의 집행 ···················································································· 317
제2절 형사보상 ························································································· 319