장바구니 담기 close

장바구니에 상품을 담았습니다.

2022 Dike 법원직 형사소송법 사례

2022 Dike 법원직 형사소송법 사례

  • 정주형
  • |
  • 네오고시뱅크
  • |
  • 2022-02-11 출간
  • |
  • 181페이지
  • |
  • 190 X 260 X 20 mm
  • |
  • ISBN 9791190823760
판매가

20,000원

즉시할인가

19,400

배송비

2,300원

(제주/도서산간 배송 추가비용:3,000원)

수량
+ -
총주문금액
19,400

※ 스프링제본 상품은 반품/교환/환불이 불가능하므로 신중하게 선택하여 주시기 바랍니다.

출판사서평

1. 머리말

 

본서가 출간되기 전에 DIKE 법원직 사례 형법이 먼저 출간되었다. 오로지 법원직 주관식 시험만을 대비하기 위한 형법 창작사례집으로는 최초로 발매된 것이다. 필자는 형사소송법의 경우도, 오랜 기간 강의의 경험을 축적하여 사례집을 발간하게 되었다. 법원행시, 법무사, 법원사무관승진 등 법원직 형사소송법 사례시험은 최신판례를 중심으로 출제되고 있고, 답안작성 역시 판례에 의할 것을 요구하며, 실제 채점기준도 판례가 중심이 되는 것으로 보인다. 더하여, 답안을 쓰는 양식도 결론과 결론에 이르게 된 이유 순으로 구성되는 등 다른 국가고시와는 현격한 차이를 보이고 있다. 그럼에도 불구하고, 법원직 시험만을 대상으로 한, 사례집이 존재하지 않아 수험생들은 학습에 있어 많은 어려움을 겪는 것이 현실이다. 필자는 다년간의 법원직 강의 경험을 토대로, 실제 고득점이 되는 답안을 바탕으로 법원직 수험현실에 맞추어 사례를 구상하고 답안을 작성하였다.

 

2. 본서의 주요특징

 

본서는 오로지 법원직 시험, 즉 법원행시, 법무사, 법원사무관승진시험을 대비하기 위한 교재이다. 따라서 법원직 시험에 최적화된 교재로서의 특성을 모두 갖추고 있다. 첫째, 기출문제를 철저히 분석하여 법원행시, 법무사, 법원사무관승진시험에서 출제가 유력한 논점들을 중심으로 문제를 구성하였다. 둘째, 출제가능성이 높은 최신판례(2021년 12월 선고까지)의 사실관계를 철저히 분석하여 중요판례를 대부분 사례화 하였다. 셋째, 법원직에서 요구하는 답안작성방식에 맞추어 최대한 압축서술함으로써 시험장에서 쓸 수 있는 분량으로 예시답안을 작성하였다. 넷째, 구체적 답안서술의 방식을 일치시킴으로써, 반복학습시 답안작성양식을 쉽게 터득할 수 있도록 하였으며, 반드시 적시해야할 판례의 핵심어구 등에 대해 언더라인과 볼드처리를 통해, 독자들의 학습효율에도 기여하고자 하였다. 다섯째, 외견상 54개의 사례이지만, 110개의 설문으로 구성하였고, 가급적 논점이 겹치지 않도록 함으로써 최소의 시간을 들여 예상논점들을 정리할 수 있도록 하였다.

 

PREFACE

 

DIKE(디케)는 정의의 여신으로서, 대한민국법원의 상징이다. 본서로 학습하는 모든 수험생분들이 법무사로서 혹은 실무가(법원사무관)로서 원하는 목표를 달성하고 국민으로부터 사랑받는 실무가가 되기를 간절히 기원하며 본서의 서문을 마무리하기로 한다.

 

2022.2.7. 필자 정주형

목차


제 1. 공소장변경과 필요적 이송 ··················································································································3
제 2. 필요적 변호와 성명모용소송 ·········································································································5
제 3. 필요국선과 필요적 변호사건 ········································································································9
제 4. 위법한 함정수사의 효과 ··············································································································11
제 5. 통신비밀보호법상 감청 ···············································································································13
제 6. 친고죄의 고소와 고소취소 ··········································································································17
제 7. 불심검문사례 ······························································································································21
제 8. 수갑해제요청과 변호인의 피의자신문참여권 ···············································································25
제 9. 피의자에 대한 신병확보 ·············································································································28
제 10. 현행범 체포 ·······························································································································31
제 11. 체포절차의 적법성 ·····················································································································35
제 12. 피고인 구속과 사전청문절차(제72조) ·························································································39
제 13. 압수·수색의 범위와 변호인의 비닉권 ·······················································································43
제 14. 외국계이메일의 압수와 압수목록의 교부 ····················································································47
제 15. 전자기록의 압수·수색과 키워드·확장자 검색 ··········································································51
제 16. 수사상 가환부 ····························································································································57
제 17. 압수·수색에 있어 영장주의 예외 ······························································································59
제 18. 영장의 유효기간과 임의제출 ······································································································63
제 19. 피의자 아닌 자의 임의제출 ········································································································67
제 20. 재정신청과 재소자특칙, 소추금지효과 ·······················································································71
제 21. 공소제기 후 수사 ·······················································································································77
제 22. 공소시효 ····································································································································79
제 23. 공소장일본주의와 공소권남용 ····································································································83
제 24. 공소장변경과 증거개시결정에 대한 불복 ····················································································87
제 25. 공소장변경신청서 부본을 송달하지 않은 사례 ············································································91
제 26. 축소사실의 심판의무와 증거물인 서면 ·······················································································93
제 27. 공소장변경요구 ··························································································································97
제 28. 증인신문 ···································································································································99
제 29. 피고인신문과 결심절차 ············································································································103
제 30. 사인이 촬영한 사진의 증거조사 ·······························································································107
제 31. 날인이 누락된 영장에 의한 압수사례 ·······················································································109
제 32. 전문증거인지가 다투어진 사안 ·································································································111
제 33. 적법한 절차와 방식에 따라 작성된 조서 ··················································································113
제 34. 사경작성 공범피신조서와 양벌규정 ··························································································115
제 35. 전문법칙관련 사례 ···················································································································117
제 36. 전화문답녹취서의 증거능력 ······································································································125
제 37. 정당한 증언거부권의 행사와 제314조 ······················································································127
제 38. 정당하지 못한 증언거부권행사 ·································································································129
제 39. 당연히 증거능력 있는 서류 ······································································································131
제 40. 공동피고인의 진술이 전문된 사례 ···························································································133
제 41. 탄핵증거 사례 ··························································································································135
제 42. 공범인 공동피고인의 법정진술과 증인적격 ···············································································137
제 43. 기판력의 객관적 범위 ··············································································································141
제 44. 범칙금납부와 기판력의 객관적 범위 ························································································143
제 45. 기판력의 시적 범위 ·················································································································145
제 46. 일부상소와 항소권회복 ············································································································147
제 47. 항소심절차 ······························································································································· 151
제 48. 상고이유와 불이익변경금지원칙 ·······························································································155
제 49. 일부상소와 상고이유 제한의 법리 ····························································································159
제 50. 소송촉진특례법상 재심사유 ·····································································································163
제 51. 재심개시의 범위 및 불이익변경금지원칙 ··················································································167
제 52. 제420조 제7호의 재심 ·············································································································171
제 53. 비상상고(형제복지원사건) ········································································································175
제 54. 약식명령과 형종상향금지의 원칙 ·····························································································179
제 1. 공소장변경과 필요적 이송 ··················································································································3
제 2. 필요적 변호와 성명모용소송 ·········································································································5
제 3. 필요국선과 필요적 변호사건 ········································································································9
제 4. 위법한 함정수사의 효과 ··············································································································11
제 5. 통신비밀보호법상 감청 ···············································································································13
제 6. 친고죄의 고소와 고소취소 ··········································································································17
제 7. 불심검문사례 ······························································································································21
제 8. 수갑해제요청과 변호인의 피의자신문참여권 ···············································································25
제 9. 피의자에 대한 신병확보 ·············································································································28
제 10. 현행범 체포 ·······························································································································31
제 11. 체포절차의 적법성 ·····················································································································35
제 12. 피고인 구속과 사전청문절차(제72조) ·························································································39
제 13. 압수·수색의 범위와 변호인의 비닉권 ·······················································································43
제 14. 외국계이메일의 압수와 압수목록의 교부 ····················································································47
제 15. 전자기록의 압수·수색과 키워드·확장자 검색 ··········································································51
제 16. 수사상 가환부 ····························································································································57
제 17. 압수·수색에 있어 영장주의 예외 ······························································································59
제 18. 영장의 유효기간과 임의제출 ······································································································63
제 19. 피의자 아닌 자의 임의제출 ········································································································67
제 20. 재정신청과 재소자특칙, 소추금지효과 ·······················································································71
제 21. 공소제기 후 수사 ·······················································································································77
제 22. 공소시효 ····································································································································79
제 23. 공소장일본주의와 공소권남용 ····································································································83
제 24. 공소장변경과 증거개시결정에 대한 불복 ····················································································87
제 25. 공소장변경신청서 부본을 송달하지 않은 사례 ············································································91
제 26. 축소사실의 심판의무와 증거물인 서면 ·······················································································93
제 27. 공소장변경요구 ··························································································································97
제 28. 증인신문 ···································································································································99
제 29. 피고인신문과 결심절차 ············································································································103
제 30. 사인이 촬영한 사진의 증거조사 ·······························································································107
제 31. 날인이 누락된 영장에 의한 압수사례 ·······················································································109
제 32. 전문증거인지가 다투어진 사안 ·································································································111
제 33. 적법한 절차와 방식에 따라 작성된 조서 ··················································································113
제 34. 사경작성 공범피신조서와 양벌규정 ··························································································115
제 35. 전문법칙관련 사례 ···················································································································117
제 36. 전화문답녹취서의 증거능력 ······································································································125
제 37. 정당한 증언거부권의 행사와 제314조 ······················································································127
제 38. 정당하지 못한 증언거부권행사 ·································································································129
제 39. 당연히 증거능력 있는 서류 ······································································································131
제 40. 공동피고인의 진술이 전문된 사례 ···························································································133
제 41. 탄핵증거 사례 ··························································································································135
제 42. 공범인 공동피고인의 법정진술과 증인적격 ···············································································137
제 43. 기판력의 객관적 범위 ··············································································································141
제 44. 범칙금납부와 기판력의 객관적 범위 ························································································143
제 45. 기판력의 시적 범위 ·················································································································145
제 46. 일부상소와 항소권회복 ············································································································147
제 47. 항소심절차 ······························································································································· 151
제 48. 상고이유와 불이익변경금지원칙 ·······························································································155
제 49. 일부상소와 상고이유 제한의 법리 ····························································································159
제 50. 소송촉진특례법상 재심사유 ·····································································································163
제 51. 재심개시의 범위 및 불이익변경금지원칙 ··················································································167
제 52. 제420조 제7호의 재심 ·············································································································171
제 53. 비상상고(형제복지원사건) ········································································································175
제 54. 약식명령과 형종상향금지의 원칙 ·····························································································179

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.
  • ㆍ이미 발송된 상품의 취소 및 반품, 교환요청시 배송비가 발생할 수 있습니다.
  • ㆍ반품신청시 반송된 상품의 수령후 환불처리됩니다.(카드사 사정에 따라 카드취소는 시일이 3~5일이 소요될 수 있습니다.)
  • ㆍ주문하신 상품의 반품,교환은 상품수령일로 부터 7일이내에 신청하실 수 있습니다.
  • ㆍ상품이 훼손된 경우 반품 및 교환,환불이 불가능합니다.
  • ㆍ반품/교환시 고객님 귀책사유로 인해 수거가 지연될 경우에는 반품이 제한될 수 있습니다.
  • ㆍ스프링제본 상품은 교환 및 환불이 불가능 합니다.
  • ㆍ군부대(사서함) 및 해외배송은 불가능합니다.
  • ㆍ오후 3시 이후 상담원과 통화되지 않은 취소건에 대해서는 고객 반품비용이 발생할 수 있습니다.
반품안내
  • 마이페이지 > 나의상담 > 1 : 1 문의하기 게시판 또는 고객센터 1800-7327
교환/반품주소
  • 경기도 파주시 문발로 211 1층 / (주)북채널 / 전화 : 1800-7327
  • 택배안내 : CJ대한통운(1588-1255)
  • 고객님 변심으로 인한 교환 또는 반품시 왕복 배송비 5,000원을 부담하셔야 하며, 제품 불량 또는 오 배송시에는 전액을 당사에서부담 합니다.