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형법 형사소송법 1년간 최신판례정리
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형법 형사소송법 1년간 최신판례정리

  • 신호진
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  • 문형사
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  • 2020-06-29 출간
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  • 114페이지
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  • 188 X 257 mm
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  • ISBN 9791189917739
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…… 형 법 총 론 ……
[1] 죄형법정주의 ·································································································· 3
ㆍ위임입법의 한계(大判 2018도7989) ········································································ 3
ㆍ죄형법정주의와 명확성의 원칙(大判 2016도1306) ···················································· 6
ㆍ유추해석금지의 원칙(大判 2018도7682) ································································· 7
[2] 불능미수 ········································································································ 8
ㆍ불능미수의 성립요건(大判 2019도97) ····································································· 8
[3] 수 죄 ············································································································· 9
ㆍ재심대상사건과 재심판결 확정 전에 범한 범죄의 관계(大判 2018도20698, 전원합의체 판결) ······· 9
[4] 누 범 ··········································································································· 11
ㆍ「특정범죄 가중처벌 등에 관한 법률」상의 누범전과의 계산방법(大判 2019도17381) ················· 11
ㆍ「특정범죄 가중처벌 등에 관한 법률」 제5조의4 제5항의 누범전과의 의미(大判 2019도18891) ··· 13

…… 형 법 각 론 ……
[1] 체포와 감금의 죄 ··························································································· 15
ㆍ체포죄의 실행의 착수시기와 기수시기(大判 2016도18713) ······································ 15
[2] 강간과 추행의 죄 ··························································································· 16
ㆍ강제추행죄에서의 폭행과 추행의 정도(大判 2019도15994) ····································· 16
ㆍ위력에 의한 심신미약자 추행죄의 성립 여부(大判 2019도3341) ······························· 18
[3] 명예에 관한 죄 ······························································································ 20
ㆍ‘사람을 비방할 목적’과 ‘공공의 이익을 위한 것’의 관계(大判 2018도15868) ··························· 20
[4] 주거침입의 죄 ······························································································· 22
ㆍ주거침입죄의 객체와 위요지(大判 2019도16484) ··················································· 22
[5] 사기의 죄 ····································································································· 23
ㆍ기망행위에 의하여 국가적·공공적 법익을 침해한 경우(大判 2019도2003) ·················· 23
ㆍ규정을 위반한 공사도급계약체결과 사기죄(大判 2015도10570) ································ 24
ㆍ요양급여비용에 대한 사기죄의 성립 여부(大判 2019도1839) ··································· 26
[6] 횡령의 죄 ····································································································· 27
ㆍ횡령죄의 객체(大判 2019도9773) ········································································· 27
ㆍ법인·단체의 자금으로 대표자의 소송비용을 지급한 경우(大判 2016도5816) ·············· 28
[7] 배임의 죄 ····································································································· 29
ㆍ채무자의 동산 양도담보 목적물 보관의무(大判 2019도9756, 전원합의체 판결) ·········· 29
ㆍ배임죄에서 ‘타인의 사무를 처리하는 자’의 의미(大判 2014도9907) ·························· 32
ㆍ채무자의 저당권설정의무 및 부동산 양도담보설정의무의 성격(大判 2019도14339, 전원합의체 판결) ··· 34
[8] 손괴의 죄 ····································································································· 36
ㆍ재물손괴죄에서 ‘효용을 해하는 것’의 의미(大判 2017도20455) ································ 36
[9] 유가증권에 관한 죄 ························································································ 38
ㆍ구 「부정수표 단속법」 제5조의 수표 위조·변조의 의미(大判 2019도12022) ·············· 38
[10] 문서에 관한 죄 ···························································································· 39
ㆍ공전자기록위작·변작죄의 객체와 유추해석금지의 원칙(大判 2016도19170) ················ 39
ㆍ공전자기록 등 불실기재죄에서 ‘불실의 사실’의 의미(大判 2019도7729) ···················· 41
ㆍ공문서부정행사죄의 객체(大判 2018도2560) ·························································· 43
[11] 성풍속에 관한 죄 ························································································· 44
ㆍ공연음란죄에서 음란성의 판단기준(大判 2019도14056) ·········································· 44
[12] 공무원의 직무에 관한 죄 ·············································································· 46
ㆍ직권남용죄와 강요죄의 성립요건(大判 2018도2236, 전원합의체 판결) ······················ 46
ㆍ직권남용죄와 강요죄의 성립요건(大判 2019도5186) ··············································· 51
ㆍ실무자의 행위가 ‘의무 없는 일’에 해당하는지의 판단기준(大判 2019도11698) ·········· 54
ㆍ뇌물수수죄와 제3자뇌물수수죄 및 강요죄의 성립 여부(大判 2018도13792,2018도2738, 전원합의체 판결) ·· 56
ㆍ공무원이 횡령한 자금을 공범자끼리 수수한 경우(大判 2019도11766) ······················· 61
[13] 무고의 죄 ··································································································· 62
ㆍ고소사건이 불기소처분을 받은 경우 무고죄의 성립 여부(大判 2018도2614) ·············· 62

…… 형 법 소 송 법 ……
[1] 수사의 방법 ·································································································· 64
ㆍ피의자신문시 보호장비 사용 여부 및 변호인의 피의자신문 참여권 침해 여부(大決 2015모2357) ··· 64
[2] 대물적 강제수사 ···························································································· 66
ㆍ압수·수색과 사건과의 관련성(大判 2019도14341) ·················································· 66
ㆍ입수·수색영장의 제시방법(大決 2019모3526) ························································· 68
ㆍ비밀녹음한 전화통화내용의 증거능력(大判 2015도1900) ········································· 69
[3] 수사의 종결 ·································································································· 71
ㆍ증인에 대한 검찰 진술조서의 증거능력(大判 2013도6825) ···················································· 71
[4] 공소제기의 방식 ···························································································· 73
ㆍ공소사실이 부분적으로 특정되지 않은 경우(大判 2019도10086) ······························ 73
[5] 공소시효 ······································································································· 75
ㆍ「공직선거법」 위반죄의 공소시효 기산일(大判 2019도8815) ····································· 75
[6] 변호인 ·········································································································· 76
ㆍ‘피고인이 심신장애의 의심이 있는 때’ 국선변호인의 선정 여부(大判 2019도8531) ·········· 76
ㆍ반의사불벌죄에서 변호인의 처벌불원의사표시의 대리(大判 2019도10678) ················· 78
[7] 공판심리의 범위 ···························································································· 80
ㆍ공소사실의 비양립관계 여부(大判 2018도3688) ····················································· 80
ㆍ공소장변경의 필요성(大判 2019도4608) ································································ 81
[8] 공판정에서의 심리 ························································································· 83
ㆍ전문심리위원 참여절차의 적법성(大判 2018도19051) ············································· 83
[9] 위법수집증거배제법칙 ····················································································· 84
ㆍ위법수집증거와 증거배제의 기준(大判 2018도20504) ············································· 84
[10] 전문법칙 ····································································································· 87
ㆍ본래증거와 전문증거의 구별기준(大判 2018도13792, 전원합의체 판결) ···················· 87
ㆍ‘공범에 대한 사법경찰관 작성 피의자신문조서’ 및 ‘전문진술’의 증거능력(大判 2019도11552) ······· 89
ㆍ압수조서에 기재된 ‘압수경위’의 증거능력 인정요건(大判 2019도13290) ··················· 91
ㆍ정당하지 않은 증언거부와 제314조의 적용여부(大判 2018도13945, 전원합의체 판결) ····· 93
[11] 재판의 확정과 효력 ······················································································ 95
ㆍ재심판결의 기판력의 범위(大判 2016도756) ·························································· 95
[12] 소송비용 ····································································································· 96
ㆍ무죄판결에 대한 비용보상(大決 2018모906) ·························································· 96
[13] 상소의 일반이론 ·························································································· 97
ㆍ보안처분과 불이익변경금지의 원칙(大判 2019도11540) ·········································· 97
ㆍ보안처분과 불이익변경금지의 원칙(大判 2019도11609) ·········································· 99
[14] 항 소 ········································································································ 100
ㆍ사선변호인의 선임과 소송기록접수통지(大判 2019도4221) ···································· 100
ㆍ항소심에서의 불출석재판의 허용요건(大判 2019도5426) ······································· 102
ㆍ제1심 증언의 신빙성 유무에 대한 항소심의 판단(大判 2018도17748) ····················· 103
[15] 재 심 ········································································································ 104
ㆍ합헌결정 이전의 간통에 대한 재심(大判 2019도15167) ········································· 104
ㆍ재심사유가 되는 위헌결정의 소급효가 미치는 범위(大決 2015모2204) ···················· 105
[16] 약식절차 ··································································································· 107
ㆍ정식재판에 다른 사건이 병합심리된 경우 ‘형종상향금지원칙’의 적용여부(大判 2019도15700) ······· 107
ㆍ정식재판에 다른 사건이 병합심리된 경우 ‘형종상향금지원칙’의 적용여부(大判 2020도355) ·········· 108
[17] 즉결심판절차 ····························································································· 109
ㆍ범칙금 납부기간의 의미(大判 2017도13409) ························································ 109
ㆍ인장이나 지장이 없는 정식재판청구서의 적법성 여부(大決 2017모3458) ················· 110
[18] 소년에 대한 특별절차 ················································································· 111
ㆍ소년법 제53조 본문의 적용범위(大判 2018도3768) ·············································· 111

참고판례 ··········································································································· 112
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  • 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
  • 마이페이지 > 나의상담 > 1 : 1 문의하기 게시판 또는 고객센터 : 070-4821-5101
교환/반품주소
  • 부산광역시 부산진구 중앙대로 856 303호 / (주)스터디채널 / 전화 : 070-4821-5101
  • 택배안내 : CJ대한통운(1588-1255)
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