장바구니 담기 close

장바구니에 상품을 담았습니다.

2023 All-in-One 로스쿨 형사소송법

2023 All-in-One 로스쿨 형사소송법

  • 정주형
  • |
  • 네오고시뱅크
  • |
  • 2022-03-16 출간
  • |
  • 840페이지
  • |
  • 190 X 260 X 40 mm /1596g
  • |
  • ISBN 9791190823777
판매가

47,000원

즉시할인가

45,590

배송비

무료배송

(제주/도서산간 배송 추가비용:3,000원)

수량
+ -
총주문금액
45,590

이 상품은 품절된 상품입니다

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

출판사서평

머리말

 

2022년 1월 1일부터는 검사작성 피의자신문조서의 증거능력이 사법경찰관 작성의 피의자 신문조서와 마찬가지로 피고인이나 변호인이 내용만 부인하면 증거능력이 부정된다. 이는 가히 조서재판의 종말이라고 볼 수 있다. 대법원 판례 역시 압수·수색과 관련한 내용이 주를 이루고 있고, 전자기록 등의 과학적 증거가 실무에서 매우 중요한 기능을 하고 있다. 변호사시험의 논점 역시 실무적 관심사를 반영할 수밖에 없다. 본서는 이와 같은 실무적 흐름을 최대한 반영하여, 최신판례를 분석하고 개정법령을 철저히 반영하는 데에 1차적 목표를 두었다. 무엇보다도, 본서는 수험서를 지향한다. 수험서란 무릇 시험에 최적화된 교재이어야 한다. 실전 시험에서 가장 수험적합적인 것은 기출문제일 수밖에 없다. 본서는 변호사시험, 법학전문대학원 모의고사, 사법시험 등을 철저히 분석하였고, 기출된 논점에 대해서는 꼼꼼히 기출표시를 해둠으로써 독자들이 강약을 조절하며 공부를 할 수 있도록 하였다. 다만, 교재의 출간일정을 최대한 당기는 과정에서 아쉽게도 2022년에 출제된 문제에 대해서는 기출표시를 하지 못하였다는 점을 미리 밝힌다.본서의 특징을 개괄적으로 정리하면 다음과 같다.

 

첫째, 본서 발행을까지의 최신판례와 개정법령을 철저히 반영하였다. 둘째, 주관식 답안작성의 편의를 위해, 반드시 답안지에 현출해야할 판례의 근거부분과 결론부분에 언더라인을 해두었다. 셋째, 최신개정법령과 최신판례의 경우, 이를 본문에 반영하거나 중요사실관계를 함께 소개함으로써 학습에 편의를 도모하였다. 넷째, 다양한 표와 정리자료를 통해 반드시 암기가 필요한 부분을 손쉽게 정리할 수 있도록 하였다. 다섯째, 기출논점들을 철저히 분석하여 반영하였다. 모든 기출문제와 법전협모의시험문제를 반영하였으며 기타, 중요도가 큰 최근 사법시험이나 5급공채(행정고시), 법원행시 등의 문제까지도 일부 반영하여 표시하였다. 변호사시험의 초기에는 주관식의 경우에도 일정한 편차 내에서만 배점을 한 것으로 보인다. 그러나, 최근의 경향은 그와 같은 제한없이 실력에 따라 큰 편차가 나타나기도 한다. 향후 형사소송법의 경우 객관식 선택형 시험이 사라질 예정이다. 선택형문제가 사라짐으로써 시험의 난이도가 떨어질 것이라고 예측하는 것은 큰 오산이다. 주관식 사례형 시험에서 형사소송법의 배점비중을 늘리고, 보다 변별력 있는 문제를 구성함으로써 난이도는 오히려 상향될 수밖에 없다.

 

고득점과 저득점은 과목을 대하는 자세에서 대부분이 결정된다. 시험을 준비하는 독자들로서는 반드시 이 점을 유념해야할 필요가 있다. 본서가 나오기까지 기출표시와 오타, 편제정비 등에서 많은 검토를 해준 이종배님과 방현호님, 본서의 편집과 디자인, 유통 등을 책임져준 김백선님, 홍민교님, 문지수님 등에게 감사의 말을 전한다. 본서로 수험을 준비하는 모든 독자들이 원하는 결과를 이루길 간절히 바라며 본서의 서문을 마무리하기로 한다.

 

2022년 3월 3일

정주형

목차


제1편 총설

제1장 형사소송법의 기초············································································································1
제1절 형사소송법의 의의와 성격 ······································································································1
제2절 형사소송법의 법원과 적용범위 ·······························································································3
제3절 형사소송법의 역사 ················································································································9
제2장 형사소송법의 이념과 구조··················································································11
제1절 형사소송의 지도이념 ············································································································11
제2절 형사소송의 기본구조 ···········································································································17

제2편 소송주체와 소송행위

제1장 소송의 주체와 당사자···································································································20
제1절 소송주체와 당사자의 의미 ···································································································20
제2절 피고인 ·······························································································································26
제3절 검사 ··································································································································40
제4절 법원 ··································································································································46
제5절 변호인 ·······························································································································74
제6절 보조인 ·······························································································································90
제2장 소송절차·소송행위·소송조건··················································································91
제1절 소송절차의 기본구조 ············································································································91
제2절 소송조건론 ·························································································································94
제3절 소송행위론 ·························································································································99

제3편 수사

제1장 수사총론··························································································································116
제1절 수사기관 ···························································································································116
제2절 수사의 의의와 수사의 단서 ·······························································································126
제3절 고소·고발·자수 ·············································································································140
제4절 임의수사 ··························································································································166
제2장 강제처분과 강제수사·····································································································198
제1절 수사구조론 ·······················································································································198
제2절 체포 ································································································································201
제3절 피의자와 피고인의 구속 ····································································································219
제4절 압수·수색·검증 ············································································································266
제5절 수사상 증거보전 ···············································································································316

제4편 수사의 종결과 공소제기

제1장 수사의 종결···················································································································324
제1절 수사종결의 의의와 종류 ····································································································324
제2절 불기소처분에 대한 불복 ····································································································329
제2장 공소의 제기···················································································································342
제1절 공소제기의 기본원칙 ·········································································································342
제2절 공소와 공소권이론 ···········································································································344
제3절 공소제기의 효과 ··············································································································352
제4절 공소제기의 후의 수사 ······································································································354
제5절 공소시효 ·························································································································359

제5편 공판

제1장 공소의 제기와 법원의 심판대상···················································································376
제1절 공소제기의 방식 ···············································································································376
제2절 공소제기와 법원의 심판대상 ······························································································397
제3절 공소장변경 제도 : 심판대상의 조정 ···················································································401
제2장 공판절차························································································································429
제1절 공판절차의 기본원칙 ·········································································································429
제2절 공판준비절차 ···················································································································436
제3절 협의의 증거개시제도 ········································································································445
제4절 공판정의 심리 ·················································································································454
제5절 공판기일의 절차 ··············································································································464
제6절 증인신문 ·························································································································478
제7절 공판절차의 특칙 ···············································································································491
제8절 국민참여재판 제도 ···········································································································498
제3장 증거································································································································512
제1절 증거의 의의와 종류 ···········································································································512
제2절 증명의 기본원칙 ···············································································································515
제3절 위법수집증거배제법칙 ·······································································································524
제4절 자백배제법칙 ···················································································································542
제5절 진술의 임의성 ··················································································································551
제6절 전문법칙 ·························································································································553
제7절 당사자의 증거동의 ············································································································621
제8절 자유심증주의 ···················································································································630
제9절 탄핵증거 ·························································································································644
제10절 자백의 보강법칙 ···············································································································650
제11절 공판조서의 배타적 증명력 ·································································································660
제4장 재판································································································································664
제1절 재판의 기본개념 ···············································································································664
제2절 종국재판 ·························································································································668
제3절 재판의 확정과 효력 ··········································································································685

제6편 상소·비상구제절차·특별형사절차

제1장 상소································································································································702
제1절 상소일반 ··························································································································702
제2절 상소의 일반적 허용조건 ···································································································704
제3절 항소 ································································································································734
제4절 상고 ································································································································751
제5절 항고 ································································································································762
제2장 비상구제절차··················································································································771
제1절 재심 ·································································································································771
제2절 비상상고 ·························································································································794
제3장 특별형사절차·················································································································800
제1절 약식절차 ··························································································································800
제2절 즉결심판절차 ···················································································································808
제3절 소년에 대한 형사절차 ·······································································································815

◆ 판례색인 ·····························································································································821

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 : 070-4821-5101
교환/반품주소
  • 부산광역시 부산진구 중앙대로 856 303호 / (주)스터디채널 / 전화 : 070-4821-5101
  • 택배안내 : CJ대한통운(1588-1255)
  • 고객님 변심으로 인한 교환 또는 반품시 왕복 배송비 5,000원을 부담하셔야 하며, 제품 불량 또는 오 배송시에는 전액을 당사에서부담 합니다.