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형사소송법 출제의 포인트(2018)
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형사소송법 출제의 포인트(2018)

  • 신호진
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  • 문형사
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  • 2017-08-22 출간
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  • 388페이지
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  • 준비중
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  • ISBN 9788963995984
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북스크린영상으로 만나보는 한 권의 책 이야기

출판사서평

- ‘출제의 포인트’의 효율적 활용방법 -
“출제의 포인트”는 경찰, 검찰, 법원 시험을 대비하여 단기간에 효율적으로 형사법을 정리할 수 있도록 만들어진 교재이다. 이하에서는 본서를 효율적으로 활용하여 고득점을 할수 있는 방법을 제시하고자 한다.

1. 중요부분을 집중적으로 공략하라.
시험공부를 할 때 “빠짐없이” 공부하는 것도 중요하지만, 어느 정도 공부가 된 후에는 “중요한 부분에 집중”하는 것이 더 중요하다. 어떤 부분이 중요한가는 기출문제에서 그 답을 찾을 수 있다. 본서에서는 2010년 이후의 여러 국가고시 기출문제를 지문별로 분해한 후 기본서의 목차순서대로 재배열을 함으로써 출제가능성이 높은 중요부분을 기본서를 읽는 것처럼 체계적으로 정리할 수 있도록 하였다. 그리고 최근 3년간의 판례와 변경된 전원합의체 판결을 반영하여 중요한 최신판례도 정리할 수 있도록 하였다.

2. 약점을 철저하게 보완하라.
적어도 기본서를 1~2회독 이상 하고, 기본적인 강의를 들었다면 이제부터는 자신이 잘 모르는 부분을 집중공략할 필요가 있다. 이러한 약점은 문제를 풀어보아야만 발견할 수 있는데, 중요 기출문제를 총정리한 본 “출제의 포인트”가 자신의 약점을 발견할 수 있는 최적의 수단이 될 것이다. 본서를 읽어 나아가면서 자신의 약점이 발견되었다면 우선 “해설”을 통해서 이해하고, 그래도 부족할 경우에는 “기본서”의 해당 부분을 찾아서 정독을 해야 한다(※기본서로는 올해 경찰 등의 시험에서 99% 이상을 커버한 “MASTER 형법”과 “MASTER 형사소송법”을 추천한다).

3. 체크된 부분을 빠르게 반복하라.
시험공부는 “암기”를 통해서 완성되는 것이다. 그런데 분량이 많은 기본서를 시험 직전에 보는 것은 매우 어려우므로 최종정리를 할 때에는 본서를 활용하는 것이 좋다. 본서를 읽어 나아가면서 “틀린 부분”, “어려운 부분” 등이 발견되었다면 나름대로의 기호를 정해서 “체크”를 하고, 다른 문제집을 볼 경우에도 틀렸거나 중요내용을 본서의 해당 부분에 옮겨 적어 소위 “단권화”를 해야 한다. 그리고 시험에 임박해서는 이렇게 체크된 부분을 빠르게 반복한다면 단기간에 매우 효율적인 최종정리가 될 것이다.

본서의 효율적 활용으로 자신의 꿈을 조속히 실현하기를 바라면서…
2017년 8월 10일
법학박사 신 호 진

목차

▶ 1. 형사소송법의 일반이론 ·················································································· 3
▶ 2. 수사의 기본개념 ·························································································· 10
▶ 3. 수사의 개시 ································································································ 16
▶ 4. 수사의 방법 ································································································ 30
▶ 5. 대인적 강제수사 ·························································································· 39
▶ 6. 대물적 강제수사 ·························································································· 61
▶ 7. 수사상의 증거보전 ······················································································· 87
▶ 8. 수사의 종결 ································································································ 91
▶ 9. 공소와 공소권이론 ······················································································· 97
▶ 10. 공소제기의 기본원칙 ·················································································· 99
▶ 11. 공소제기의 방식 ······················································································ 105
▶ 12. 공소제기의 효과 ······················································································ 114
▶ 13. 공소시효 ································································································· 116
▶ 14. 법 원 ····································································································· 124
▶ 15. 검 사 ····································································································· 137
▶ 16. 피고인 ···································································································· 139
▶ 17. 변호인 ···································································································· 147
▶ 18. 소송행위 ································································································· 160
▶ 19. 소송조건 ································································································· 165
▶ 20. 공판절차의 기본원칙 ················································································ 167
▶ 21. 공판심리의 범위 ······················································································ 169
▶ 22. 공판준비절차 ··························································································· 184
▶ 23. 공판정에서의 심리 ··················································································· 191
▶ 24. 증거조사와 강제처분 ················································································ 196
▶ 25. 공판절차의 특칙 ······················································································ 214
▶ 26. 증명의 기본원칙 ······················································································ 229
▶ 27. 위법수집증거배제법칙 ··············································································· 236
▶ 28. 자백배제법칙 ··························································································· 248
▶ 29. 전문법칙 ································································································· 251
▶ 30. 당사자의 동의와 증거능력 ········································································· 290
▶ 31. 탄핵증거 ································································································· 297
▶ 32. 자백보강법칙 ··························································································· 300
▶ 33. 공판조서의 증명력 ··················································································· 307
▶ 34. 재판의 기본개념 ······················································································ 309
▶ 35. 종국재판 ································································································· 310
▶ 36. 재판의 확정과 효력 ·················································································· 318
▶ 37. 소송비용 ································································································· 324
▶ 38. 상소의 일반이론 ······················································································ 326
▶ 39. 항 소 ····································································································· 347
▶ 40. 상 고 ····································································································· 355
▶ 41. 항 고 ····································································································· 357
▶ 42. 재 심 ····································································································· 361
▶ 43. 비상상고 ································································································· 371
▶ 44. 약식절차 ································································································· 373
▶ 45. 즉결심판절차 ··························································································· 378
▶ 46. 소년에 대한 특별절차 ··············································································· 382
▶ 47. 피해자 보호절차 ······················································································ 383
▶ 48. 재판의 집행 ···························································································· 385
▶ 49. 형사보상과 명예회복 ················································································ 387
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