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제 1 편 총설
제1장 형사소송법의 기초 제1절 형사소송법의 의의와 성격 ···························································································1 제2절 형사소송법의 법원과 적용범위 ···················································································3 제3절 형사소송법의 역사 ····································································································9 제2장 형사소송법의 이념과 구조 제1절 형사소송의 지도이념 ·······························································································11 제2절 형사소송의 기본구조 ······························································································17 제 2 편 소송주체와 소송행위 제1장 소송의 주체와 당사자 제1절 소송주체와 당사자의 의미 ······················································································21 제2절 피고인 ·················································································································26 제3절 검사 ····················································································································39 제4절 법원 ····················································································································44 제5절 변호인 ··················································································································71 제6절 보조인 ·················································································································88 제2장 소송절차·소송행위·소송조건 제1절 소송절차의 기본구조 ·····························································································89 제2절 소송조건론 ···········································································································92 제3절 소송행위론 ···········································································································96 제 3 편 수사 제1장 수사총론 제1절 수사기관 ·············································································································123 제2절 수사의 의의와 수사의 단서 ·················································································133 제3절 고소·고발·자수 ·······························································································146 제4절 임의수사 ············································································································168 제2장 강제처분과 강제수사 제1절 수사구조론 ·········································································································201 제2절 체포 ··················································································································204 제3절 피의자와 피고인의 구속 ······················································································222 제4절 압수·수색·검증 ······························································································270 제5절 수사상 증거보전 ·································································································321 제 4 편 수사의 종결과 공소제기 제1장 수사의 종결 제1절 수사종결의 의의와 종류 ·······················································································331 제2절 불기소처분에 대한 불복 ······················································································335 제2장 공소의 제기 제1절 공소제기의 기본원칙 ···························································································345 제2절 공소와 공소권이론 ······························································································347 제3절 공소제기의 효과 ·································································································354 제4절 공소제기의 후의 수사 ························································································356 제5절 공소시효 ···········································································································360 제 5 편 공판 제1장 공소의 제기와 법원의 심판대상 제1절 공소제기의 방식 ·································································································379 제2절 공소제기와 법원의 심판대상 ···············································································399 제3절 공소장변경 제도 : 심판대상의 조정 ·····································································402 제2장 공판절차 제1절 공판절차의 기본원칙 ···························································································430 제2절 공판준비절차 ······································································································437 제3절 협의의 증거개시제도 ··························································································445 제4절 공판정의 심리 ···································································································453 제5절 공판기일의 절차 ·································································································463 제6절 증인신문 ············································································································477 제7절 공판절차의 특칙 ·································································································491 제8절 국민참여재판 제도 ·····························································································499 제3장 증거 제1절 증거의 의의와 종류 ·····························································································513 제2절 증명의 기본원칙 ·································································································516 제3절 위법수집증거배제법칙 ·························································································525 제4절 자백배제법칙 ·····································································································540 제5절 진술의 임의성 ····································································································547 제6절 전문법칙 ···········································································································549 제7절 당사자의 증거동의 ·····························································································604 제8절 자유심증주의 ······································································································611 제9절 탄핵증거 ···········································································································628 제10절 자백의 보강법칙 ·······························································································633 제11절 공판조서의 배타적 증명력 ····················································································642 제4장 재판 제1절 재판의 기본개념 ·································································································646 제2절 종국재판 ············································································································652 제3절 재판의 확정과 효력 ····························································································670 제4절 소송비용의 부담 및 무죄판결의 대한 비용보상 ·····················································684 제 6 편 상소·비상구제절차·특별절차·형의집행 제1장 상소 제1절 상소일반 ············································································································691 제2절 상소의 일반적 허용조건 ······················································································693 제3절 항소 ··················································································································724 제4절 상고 ··················································································································743 제5절 항고 ··················································································································756 제2장 비상구제절차 제1절 재심 ··················································································································764 제2절 비상상고 ············································································································791 제3장 특별형사절차 제1절 약식절차 ············································································································796 제2절 즉결심판절차 ·····································································································804 제3절 소년에 대한 형사절차 ··························································································811 제4절 배상명령·범죄피해자구조제도 ···············································································817 제4장 재판의 집행 및 형사보상제도 제1절 재판의 집행 ·······································································································824 제2절 형사보상제도 ·····································································································837 |
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「우리형」의 탄생 이태"우"와 함께 "리"걸마인드를 장착해가는 "형"사소송법 개념완성 책의 이름을 짓는 것이 가장 힘이 든 거 같습니다. 카페 회원들에게 문의해 본 결과 가장 좋은 이름 이라고 판단되었습니다. 그래서 “우리형”이라는 이름을 사용하기로 하였습니다. 고득점을 하기 위해서는 많은 회독이 필수입니다. 많은 회독을 위해서는 가독성이 좋아야 합니다. 단편적으로 끊어져 있는 식으로 구성이 되어 있으면 유기적으로 연결하는데 어려움을 겪을 수 있습니다. 그래서 읽기 쉬우면서도 유기적으로 연결되는 교재를 만들기로 하였습니다. 2022년 형사소송법 개정 이후 특별한 변화는 없었습니다. 법률의 개정으로는 의제공소시효에서의 공소시효 정지 규정이 신설되었던 정도입니다. 하지만 압수·수색에 있어서 제215조에서 규정한 관련성의 개념이 체계화되었고, 2024.7.25.에는 유류물의 압수에 대해 최초로 대법원이 판시한 바 있고 기타 세밀한 증거법칙과 관련한 대용들을 대법원에서 확정하는 등 다양한 판례가 출현하게 되었습니다. 2008년 형사소송법의 개정에 즈음하여서는, 학계와 국회(입법자)에 의해 형사소송 실무가 변화하였다면, 2025년 현재의 형사절차는 판례가 주도한다고 해도 과언이 아닐 정도로 판례의 법리들이 꾸준히 축적되고 있습니다. 본서의 서술방식, 최신판례, 최신 개정법령의 반영, 핵심 내용의 비교정리 등의 면에서 본서는 대체 불가능한 학습교재가 되는 것을 지향합니다. 본서의 서술방식과 편집방식의 변화는 전적으로 수험적 관점에서 결정되었습니다. 기출문제의 분석과 반영은 본서 서술의 가장 기본출발점이 되었습니다. 최근의 모든 시험경향이 변호사시험과 유사 해진다는 점을 고려하여 변호사시험을 바탕으로 국가직, 법원직, 경찰승진, 경찰간부, 경찰채용, 군수사직, 교정직, 법원행시, 법무사시험 등 모든 직렬의 수험을 고려하여 교재를 집필하였습니다. 최근의 출제경향과 학계의 흐름, 판례의 흐름 등을 체계적으로 분석함으로써 가장 효율적이고 대체불 가능한 교재가 될 수 있도록 노력하였습니다. 본서의 핵심적 특징은 다음과 같다. 첫째, 2025.3.초까지의 최신판례와 개정법령을 철저히 반영하였습니다. 둘째, 판례의 정확한 학습을 기하기 위해 판례의 제목선별에 신경을 써 판례제목만을 보더라도 판례의 내용이 정리될 수 있도록 하였습니다. 셋째, 법조문의 소개, 법조문의 해석, 판례의 태도를 유기적으로 연결하여 본문을 서술함으로써, 손쉽게 내용을 이해하고 정리할 수 있도록 구성하였습니다. 넷째, 핵심내용과 기출지문에 언더라인 긋고, 볼드처리를 함으로써 학습의 강약을 스스로 조절할 수 있도록 하였습니다. 다섯째, 최근 시험은 이해위주로 출제된다는 점을 고려하여, 단지 단편적인 지식을 나열함에 그치는 것이 아니고 유기적이고 체계적으로 서술을 이어가는 데에 주력하였습니다. 본 교재는 최대한의 효율성을 추구하는 교재입니다. 본서의 학습을 통해 수험생 여러분들이 수험기간을 단축하고 정확하고 신속하게 시험문제를 풀어서 합격하기를 기대합니다. 본서가 나오기까지 많은 이들의 도움이 있었습니다. 책 이름을 짓는데 도움을 주신 고전주의학파 (닉네임) 님에게 감사를 표합니다. 학문적인 영역에서 도움을 주는 정주형 님과 교재출간에 도움을 주는 김백선 님 등의 도움에 감사를 표합니다. 2025년 3월 10일 필자 이태우 |