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이찬엽 형사소송법 실전도해

  • 이찬엽
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  • 좋은책
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  • 2018-03-22 출간
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  • 988페이지
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  • 190 X 260 mm
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  • ISBN 9791187944713
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[머리말]
본서는 저자가 수많은 강의와 오랜 세월 동안 형사소송법과 늘 함께한 나날들의 결과물이다. 즉, 매우 거창한 내용을 다룬 것이 아니라 학생들을 지도하는 과정 및 연구과정에서 발생하였던 조그맣고 사사로울 정도로 약소한 내용을 총합한 것에 불과하다. 그런데 형사소송법이 차지하는 비중이 최근 들어 증폭되고 있는 실정을 고려한다면 종전과 같은 안이한 대비책으로는 더 이상 합격의 영광을 누릴 수 없게끔 되고 말았다. 이는 반대로 해석하면 그 만큼 수험생들의 부담이 감당할 수 없을 정도로 가중되었다는 것을 의미한다. 자. 그러면 우리는 어떻게 효율적으로 이에 대비하여 멋지고 역동적인 공직생활에로 진입할 수 있을까 고민이 되지 않을 수 없다. 필자가 판단컨대, 인생은 때가 있는 것 같다. 그리고 기회도 항상 오는 것이 아니라 잘 준비된 상태에 있는 자에게 우연히 찾아온다는 것이 진리인 것 같다. 만일 수험생 자신이 자기에게 아직까지 이러한 기회가 오지 않았다고 생각한다면 그것은 미처 철저한 준비를 하지 않은 것에서 원인을 발견해야 한다. 우리는 여기서 한 가지 짚고 넘어가지 않으면 안 될 사항이 있다. 아무리 어렵고 지루한 과정일 지라도 집중과 몰두를 하지 않는다면 그것은 허무한 것이며 헛된 것이 될 수밖에 없다는 사실이다. 종종 결과가 좋지 않을 경우 자신을 탓하기 보다는 주변의 환경과 사회를 원망하는 경우를 보게 된다. 혹 자신이 이렇게 생각을 하고 있다면 지금이라도 과감히 생각을 전환해야 할 것이다. 합격과 불합격, 성공과 실패 사이의 차이는 과연 얼마일까. 그 동안 학생들을 지도해 본 결과를 놓고 보았을 때, 아주 미세한 차이밖에 없다는 사실을 알게 되었고 거기서 다만 문제는 얼마나 집중을 하는가의 차이만이 있을 뿐이었다. 아울러 기회를 놓치지 않는 승부근성이 성패를 좌우한다는 것을 새삼 깨닫게 되었다. 우리는 여기서 “입에 든 떡도 넘겨야 제 것이 된다.”는 속담을 생각하게 된다. 이는 떡을 입에 넣기는 쉬우나 그 떡을 넘겨서 소화를 시킬 수 있어야 비로소 내 것이 된다는 것을 뜻한다. 지금 수험생들이 어려워하는 것은 입에 든 떡을 어떻게 넘겨야 나의 살로 만들 수 있을 것인가에 대한 의구심과 효과적으로 넘기는 방법이 무엇인가에 대한 것으로 요약될 수 있다. 본서는 이러한 속담에서 떡을 넘기는 효과적인 방법이 무엇인가에 대한 것처럼 어떻게 해야 행정법을 단기간에 효과적으로 나의 것으로 이해하고 소화를 시켜 합격의 영광을 창출할 수 있을 것인가에 대한 비책을 제공하는데 그 목적을 두고 있다. 결론적으로 말하자면 이 책 한 권이면 그러한 대비책으로 충분하다. 왜냐하면 더 이상 첨가할 내용도 뺄 내용도 없기 때문이다. 수험생 제군들은 종전보다 더욱 힘을 내어 합격을 나의 곁으로 끌어와야 하고 나아가 성공된 인생, 주도적 인생을 향유하는 신선한 삶을 살아가야만 한다. 지금 매우 힘든 세월을 보내고 있을 제군들을 생각하면 가슴이 아프지만 반드시 넘어야 할 역경이라고 본다면 달게 견뎌야 할 것으로 본다.
끝으로, 수험생 제군들은 항상 자신감을 가지기를 바라며 노력의 땀과 피가 합격증서 맞바꾸게 된다는 점을 한 시라도 잊지 말기 바란다. 아울러 수험생 여러분들의 합격소식이 본인은 물론 지인 특히 부모님께 하루 속히 전달되기를 간절히 기원하는 바이다.


목차


01 제1편 서 론
CHAPTER 01 형사소송법 서설 ······································································ 10
제1절 형사소송법의 의의 ·········································································· 10
제2절 형사소송법의 법원과 적용범위 ······················································· 29
CHAPTER 02 형사소송의 이념과 구조 ························································· 30
제1절 형사소송의 지도이념 ······································································· 30
제2절 형사소송의 기본구조 ······································································· 30
02 제2편 소송주체와 소송절차의 기본이론
CHAPTER 01 소송의 주체 ············································································· 36
제1절 법원 ································································································· 36
제2절 검사 ································································································· 68
제3절 피고인(被告人) ················································································ 74
제4절 변호인 ··························································································· 109
CHAPTER 02 소송행위와 소송조건 ····························································· 130
제1절 소송행위의 의의와 조건 ······························································· 130
제2절 소송행위의 대리 허용여부 ···························································· 137
제3절 소송행위의 가치판단 ····································································· 137
제4절 소송조건론 ···················································································· 138
03 제3편 수사와 공소
CHAPTER 01 수사 ······················································································· 156
제1절 수사의 의의와 구조 ······································································ 156
제2절 수사의 개시 ··················································································· 177
제3절 임의수사 ························································································ 214
CHAPTER 02 강제처분과 강제수사 ····························································· 226
제1절 체포와 구속 ··················································································· 226
제2절 압수, 수색, 검증 ··········································································· 302
제3절 수사상의 증거보전 ········································································ 340
CHAPTER 03 수사의 종결 ··········································································· 347
제1절 검사의 수사종결 ············································································ 347
제2절 공소제기 후의 수사 ······································································ 356
CHAPTER 04 공소의 제기 ··········································································· 366
제1절 공소와 공소권남용 ········································································ 366
제2절 공소제기의 기본원칙 ····································································· 368
제3절 공소제기의 방식 ············································································ 390
제4절 공소제기의 효과 ············································································ 423
제5절 공소시효 ························································································ 457
제6절 공소제기의 객관적 효력범위 ························································ 469
04 제4편 공 판
CHAPTER 01 공판절차 ················································································ 478
제1절 공판절차의 기본원칙 ····································································· 478
제3절 공판준비절차 ················································································· 496
제4절 공판정의 심리 ··············································································· 516
제5절 공판기일의 절차 ············································································ 519
제6절 증인신문, 감정과 검증 ·································································· 547
제7절 공판절차의 특칙 ············································································ 580
CHAPTER 02 증거 ······················································································· 593
제1절 증거의 의의와 종류 ······································································ 593
제2절 증명의 기본원칙 ············································································ 621
제3절 자백배제법칙 ················································································· 622
제4절 위법수집증거배제법칙 ··································································· 631
제5절 전문법칙 ························································································ 643
제6절 당사자의 동의와 증거능력 ···························································· 697
제7절 탄핵증거 ························································································ 717
제8절 자백의 보강법칙 ············································································ 722
제9절 공판조서의 증명력 ········································································ 731
CHAPTER 03 재판 ······················································································· 734
제1절 재판의 기본개념 ············································································ 734
제2절 종국재판 ························································································ 750
제3절 재판의 효력 ··················································································· 773
제4절 소송비용 및 기타 절차 ································································· 788
05 제5편 상소?비상구제절차?특별형사절차?재판의 집행과 형사보상
CHAPTER 01 상소 ······················································································· 792
제1절 상소 총칙 ······················································································ 792
제2절 항소 ······························································································· 830
제3절 상고 ······························································································· 845
제4절 항고 ······························································································· 860
CHAPTER 02 비상구제절차 ········································································· 871
제1절 재심 ······························································································· 871
제2절 비상상고 ························································································ 893
CHAPTER 03 재판의 집행과 형사보상 ······················································· 897
제1절 재판의 집행 ··················································································· 897
제2절 형사보상 ························································································ 908
CHAPTER 04 특별절차 ················································································ 919
제1절 약식절차 ························································································ 919
제2절 즉결심판절차 ················································································· 927
제3절 배상명령절차 ················································································· 937
06 제6편 국민의 형사재판 참여
PART 06 국민의 형사재판 참여 ·································································· 970

저자소개

저자 : 이찬엽 

추천포스트

교환 및 환불안내

도서교환 및 환불
  • ㆍ배송기간은 평일 기준 1~3일 정도 소요됩니다.(스프링 분철은 1일 정도 시간이 더 소요됩니다.)
  • ㆍ상품불량 및 오배송등의 이유로 반품하실 경우, 반품배송비는 무료입니다.
  • ㆍ고객님의 변심에 의한 반품,환불,교환시 택배비는 본인 부담입니다.
  • ㆍ상담원과의 상담없이 교환 및 반품으로 반송된 물품은 책임지지 않습니다.
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반품안내
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