…… 형 사 소 송 법 ……
[1] 수사의 방법 ···································································································· 3
-피의자신문시 보호장비 사용 여부 및 변호인의 피의자신문 참여권 침해 여부(大決 2015모2357) ··········· 3
[2] 대물적 강제수사 ······························································································ 5
-전자정보에 대한 압수·수색의 방법과 절차(大判 2017도13263) ·································· 5
-수출입물품에 대한 조사·압수와 영장주의(大判 2014도8719) ····································· 7
-압수·수색과 사건과의 관련성(大判 2017도13458) ···················································· 8
-압수·수색과 사건과의 관련성(大判 2019도14341) ·················································· 10
-압수·수색영장의 장소적 범위(大判 2017도9747) ···················································· 12
-압수·수색영장의 제시방법(大決 2019모3526) ························································· 14
-압수·수색영장 집행절차의 적법요건(大判 2015도12400) ········································· 15
-압수물의 가환부(大決 2017모236) ········································································ 18
-강제채뇨의 요건과 절차 및 방법(大判 2018도6219) ··············································· 20
-체포 목적의 피의자 수색의 허용요건(憲決 2015헌바370,2016헌가7(병합)) ···················· 22
-범죄장소에서의 압수·수색·검증과 하자의 치유(大判 2014도16080) ·························· 23
-긴급체포 후의 압수·수색·검증의 요건과 절차(大判 2017도10309) ···························· 24
-비밀녹음한 전화통화내용의 증거능력(大判 2015도1900) ········································· 25
[3] 수사의 종결 ·································································································· 27
-증인에 대한 검찰 진술조서의 증거능력(大判 2013도6825) ················································ 27
[4] 공소와 공소권이론 ························································································· 29
-공소권남용의 요건과 효과(大判 2018도14295) ······················································ 29
[5] 공소제기의 기본원칙 ······················································································ 30
-하자 있는 공소제기결정에 대한 불복방법(大判 2017도13465) ································· 30
-재정신청 기각결정 확정 후의 소추의 요건(大判 2014도17182) ································ 31
[6] 공소제기의 방식 ···························································································· 33
-공소사실이 부분적으로 특정되지 않은 경우(大判 2019도10086) ······························ 33
-공소사실이 부분적으로 특정되지 않은 경우(大判 2017도3448) ································ 35
[7] 공소시효 ······································································································· 37
-「공직선거법」 위반죄의 공소시효 기산일(大判 2019도8815) ····································· 37
-미수범의 공소시효의 기산점(大判 2016도14820) ··················································· 38
[8] 변호인 ·········································································································· 39
-‘피고인이 심신장애의 의심이 있는 때’ 국선변호인의 선정 여부(大判 2019도8531) ····· 39
-반의사불벌죄에서 변호인의 처벌불원의사표시의 대리(大判 2019도10678) ················· 41
[9] 공판심리의 범위 ···························································································· 43
-공소사실의 동일성의 판단기준(大判 2018도20928) ················································ 43
-공소사실의 비양립관계 여부(大判 2018도3688) ····················································· 45
-공소장변경의 필요성(大判 2018도5909) ································································ 46
-공소장변경의 필요성(大判 2019도4608) ································································ 48
-공소장변경과 피고인의 동의(大判 2017도5122) ····················································· 50
[10] 공판정에서의 심리 ······················································································· 51
-전문심리위원 참여절차의 적법성(大判 2018도19051) ············································· 51
-피고인과 변호인의 최종의견진술(大判 2018도327) ················································· 52
[11] 증거조사와 강제처분 ···················································································· 53
-피고인 소환의 방법(大判 2018도13377) ······························································· 53
[12] 증명의 기본원칙 ·························································································· 55
-간접증거에 의한 사실인정의 요건(大判 2017도1549) ·············································· 55
-피해자의 진술의 증명력(大判 2018도7709) ··························································· 57
-과학적 증거방법의 증명력 인정요건(大判 2017도14222) ········································· 60
[13] 위법수집증거배제법칙 ··················································································· 62
-위법수집증거와 증거배제의 기준(大判 2018도20504) ············································· 62
-위법수집증거배제법칙과 독수의 과실이론(大判 2018도4075) ··································· 65
[14] 전문법칙 ····································································································· 67
-본래증거와 전문증거의 구별기준(大判 2018도13792, 전원합의체 판결) ···················· 67
-본래증거와 전문증거의 구별기준(大判 2017도19499) ············································· 69
-‘공범에 대한 사법경찰관 작성 피의자신문조서’ 및 ‘전문진술’의 증거능력(大判 2019도11552) ········· 71
-진술조서, 전문진술, 전문진술을 기재한 조서의 증거능력(大判 2015도12981,2015전도218) ···· 73
-압수조서에 기재된 ‘압수경위’의 증거능력 인정요건(大判 2019도13290) ··················· 75
-정당하지 않은 증언거부와 제314조의 적용여부(大判 2018도13945, 전원합의체 판결) ····· 77
-기타 특히 신용할 만한 정황에 의하여 작성된 문서(大判 2017도12671) ···················· 79
[15] 자백보강법칙 ······························································································· 80
-자백에 대한 보강증거의 자격과 범위(大判 2017도20247) ······································· 80
-자백에 대한 보강증거의 범위(大判 2017도17628) ······················································· 82
[16] 재판의 확정과 효력 ······················································································ 83
-보호처분 불처분결정과 일사부재리의 원칙(大判 2016도5423) ·································· 83
-재심판결의 기판력의 범위(大判 2016도756) ·························································· 85
-과형상 일죄와 기판력의 범위(大判 2017도11687) ·················································· 86
-기판력과 공소사실의 동일성(大判 2015도11679) ··················································· 87
-기판력과 공소사실의 동일성(大判 2013도7649) ····················································· 88
[17] 소송비용 ····································································································· 89
-무죄판결에 대한 비용보상(大決 2018도906) ···································································· 89
[18] 상소의 일반이론 ·························································································· 90
-약식명령에 대한 정식재판청구권 회복의 사유(大決 2017모1557) ····························· 90
-상소권회복청구의 시기(大判 2018도15109) ··························································· 91
-보안처분과 불이익변경금지의 원칙(大判 2016도15961) ·········································· 93
-보안처분과 불이익변경금지의 원칙(大判 2018도13367) ·········································· 94
-보안처분과 불이익변경금지의 원칙(大判 2019도11540) ·········································· 95
[19] 항 소 ········································································································· 97
-소송기록접수통지 후 선임된 사선변호인에 대한 소송기록접수통지 여부(大決 2015도10651, 전원합의체 결정) ·························································································································· 97
-항소이유서제출기간 도과 후 선임된 사선변호인에 대한 소송기록접수통지(大判 2019도4221) ··· 99
-소송기록접수통지의 상대방(大決 2018모642) ······················································· 101
-재감자에 대한 소송기록접수통지의 방법(大決 2017모1680) ··································· 102
-재감자에 대한 소송기록접수통지의 방법(大決 2017모2162) ··································· 103
-항소이유서 제출기간 경과 전의 심판(大判 2017도13748) ······································ 104
-항소법원의 심판범위(大判 2016도18553) ···························································· 105
-항소심에서의 불출석재판의 허용요건(大判 2019도5426) ······································· 106
-항소심에서 공시송달의 허용요건(大判 2018도14531) ············································ 107
-제1심 증언의 신빙성 유무에 대한 항소심의 판단(大判 2018도17748) ····················· 108
[20] 상 고 ········································································································ 110
-소송절차의 법령위반과 상고이유(大判 2018도19034) ··········································· 110
-양형자료의 변동과 상고이유(大判 2017도14769) ·················································· 111
-상고이유 제한의 법리(大判 2017도16593-1, 전원합의체 판결) ······························ 112
[21] 항 고 ········································································································ 117
-항고 및 재항고의 절차(大決 2017모1377) ······································································· 117
-항고법원의 소송기록접수 등의 통지(大決 2018모1698) ······················································· 118
[22] 재 심 ········································································································ 119
-재심대상판결의 판결서가 발견되지 않은 경우(大決 2015모2229, 전원합의체 결정) ········· 119
-재심의 대상 및 사유(大決 2015모3243) ······························································ 122
-합헌결정 이전의 간통에 대한 재심(大判 2019도15167) ········································· 124
-재심사유가 되는 위헌결정의 소급효가 미치는 범위(大決 2015모2204) ···················· 125
-재심판결과 불이익변경금지의 원칙 등(大判 2018도13382) ···································· 127
-재심판결과 불이익변경금지의 원칙(大判 2015도15782) ········································· 128
[23] 비상상고 ··································································································· 130
-사실오인과 비상상고(大判 2017오1) ··································································· 130
[24] 약식절차 ··································································································· 131
-정식재판에 다른 사건이 병합심리된 경우 ‘형종상향금지원칙’의 적용여부(大判 2019도15700) ·· 131
-정식재판에 다른 사건이 병합심리된 경우 ‘형종상향금지원칙’의 적용여부(大判 2020도355) ···· 132
[25] 즉결심판절차 ····························································································· 133
-범칙금 납부기간의 의미(大判 2017도13409) ························································ 133
-인장이나 지장이 없는 정식재판청구서의 적법성 여부(大決 2017모3458) ················· 134
[26] 소년에 대한 특별절차 ················································································· 135
-소년법 제53조 본문의 적용범위(大判 2018도3768) ·············································· 135
[27] 피해자 보호절차 ························································································ 136
-배상명령의 적법성(大判 2018도17726) ······························································· 136
[28] 형사보상과 명예회복 ·················································································· 137
-미결구금일수가 본형에 산입된 경우와 형사보상(大決 2017모1990) ························ 137

참고판례 ··········································································································· 138
판례색인 ··········································································································· 139