목차
Theme 1. 실체진실주의(경정91, 경간2018) ★ ············································································ 1
Theme 2. 적정절차의 원리 ······································································································· 7
Theme 3. 신속한 재판의 원칙(행시93) ··················································································· 11
Theme 4. 피의자의 소송법상 지위와 권리(경감77/88), (경간85/87/91/2019) ★★ ··············· 15
Theme 5. 수사의 의의와 한계(경정84, 경감87, 경간84) ★★★ ·········································· 21
Theme 6. 인신구속과 인권보장 (경정91/2000, 경간 2002) ★ ················································ 29
Theme 7. 수사의 단서(경간88) ······························································································ 33
Theme 8. 수사의 조건(경정91, 친고죄의 고소전수사경간2004) ★★★ ···································· 37
Theme 9. 함정수사(경정2006, 위법한 함정수사의 소송법상 효과－경간2005)★★★ ··············· 45
Theme 10. 불심검문★★ ········································································································ 49
Theme 11. 소지품검사의 적법성(경정2015, 경간2008) ★ ························································ 57
Theme 12. 친고죄의 고소(경간81/85, 고소의 추완 행시88/2007) ★ ·········································· 61
Theme 13. 고소불가분의 원칙(고소의 효력범위) (경정89/2006/2021, 경간77/2009) ★★ ····· 69
Theme 14. 고소의 취소(경정2009, 경감91) ★★ ······································································ 73
Theme 15. 고소의 포기(경정2010) ★ ······················································································· 77
Theme 16. 고소와 고발의 이동(경정2007, 경간2001) ★★ ······················································ 81
Theme 17. 영장주의(경정75/90, 경간85, 영장주의 예외 경간2001/2015) ★★★ ························ 87
Theme 18. 감청(도청)(경정93, 경간2000) ★★★ ···································································· 95
Theme 19. 피의자신문★★ ··································································································· 103
Theme 20. 진술의 영상녹화★★★ ····················································································· 109
Theme 21. 수사에 대한 사법적 통제(경정2012, 경간2003) ★ ············································· 117
Theme 22. 위법수사의 구제(경정89, 사시81, 행시93, 경간2021) ★★ ··································· 121
Theme 23. 임의동행(경정2011) ★★★ ················································································· 125
Theme 24. 수사상 임의동행의 적법성★ ··········································································· 133
Theme 25. 임의수사의 본질과 한계(경정95) ★★ ······························································ 137
Theme 26. 피의자의 체포와 구속의 요건(사시80/94) ★★ ·················································· 141
Theme 27. 영장에 의한 체포★ ·························································································· 147
Theme 28. 긴급체포★★ ····································································································· 151
Theme 29. 긴급체포되어 구속된 자의 수사상의 방어권(경간2008) ★ ····························· 157
Theme 30. 현행범인의 체포(경감84/93, 경간84/92) ★ ························································ 161
Theme 31. 이중구속과 별건구속(경정2012), (경간13사례) ★ ················································ 165
Theme 32. 구속전 피의자심문제도(영장실질심사제도) (경정99, 경간2007/2017) ★★ ······ 173
Theme 33. 체포·구속적부심사제도(사시80, 행시97, 경간2022) ★★ ································· 179
Theme 34. 보증금납입조건부 피의자석방(피의자 보석, 기소전 보석)(사시98) ★★ ······ 187
Theme 35. 보 석(경감90, 경간94) ························································································· 195
Theme 36. 구속된 피의자의 인권보장제도(경정2000/2019) ★★ ········································ 203
Theme 37. 대물적 강제처분에 있어서의 영장주의의 예외★ ········································· 207
Theme 38. 압수·수색에 있어서의 영장주의의 예외(경정2008, 경간2001) ★★★ ·········· 213
Theme 39. 체포현장에서의 압수·수색·검증(경정2016, 경간2013) ★★★ ······················ 221
Theme 40. 긴급체포시의 압수·수색·검증★★★ ··························································· 225
Theme 41. 압수물의 가환부와 환부(경정2014, 경간2016) ··················································· 229
Theme 42. 신체검사(체내강제수사) (경간2005) ★★★ ······················································· 237
Theme 43. 강제채뇨★ ······································································································· 245
Theme 44. 강제채혈★ ······································································································· 249
Theme 45. 수사상의 증거보전(경정77, 경감83, 경간2002) ★★ ··········································· 253
Theme 46. 공소제기 후의 수사★ ······················································································ 261
Theme 47. 공소제기 후의 임의수사(경간2004/2014, 법원행시2018) ★★★ ························· 269
Theme 48. 증거의 의의와 종류(경정98, 경간76/87) ····························································· 273
Theme 49. 증거의 수집(경정90) ···························································································· 277
Theme 50. 증거재판주의★★ ······························································································· 281
Theme 51. 엄격한 증명의 대상(경정84/96, 경간2000) ★ ··················································· 289
Theme 52. 거증책임(사시91) ★★★ ···················································································· 293
Theme 53. 거증책임의 전환(경간2009) ★ ··········································································· 301
Theme 54. 자유심증주의와 그 예외(경정89) ★★ ····························································· 305
Theme 55. 자백배제법칙(자백의 임의성)(경정94/2011, 경간93/2003) ★ ···························· 313
Theme 56. 약속에 의한 자백(경간2018) ★★ ····································································· 323
Theme 57. 위법수집증거배제법칙(경정99, 경간 2004) ★ ···················································· 327
Theme 58. 독수의 과실이론(경간2012) ★★ ······································································· 333
Theme 59. 전문증거와 전문법칙(경정82, 경간86/2012) ······················································ 337
Theme 60. 검사작성의 피의자신문조서(경감91, 사시86) ★★ ············································ 343
Theme 61. 사법경찰관작성의 피의자신문조서(경정2008) ★★ ········································· 349
Theme 62. 진술조서(경정2016, 경간2022) ★★ ···································································· 355
Theme 63. 진술서의 증거능력(경정2000, 사시92) ★★★ ·················································· 361
Theme 64. 수사기관작성의 검증조서(사법경찰관작성 검증조서의 증거능력－경간2008) ★★ 369
Theme 65. 실황조사서(경정2017, 경간2001/2015) ★ ····························································· 377
Theme 66. 감정서 ················································································································· 383
Theme 67. 제314조를 논함★★★ ····················································································· 387
Theme 68. 당연히 증거능력이 있는 서류 ·········································································· 397
Theme 69. 전문진술의 증거능력★★ ················································································ 401
Theme 70. 조사자 증언(경정2008, 경간2014) ★ ·································································· 409
Theme 71. 진술의 임의성 ·································································································· 413
Theme 72. 사진의 증거능력(경간2016) ★★★ ···································································· 417
Theme 73. 비밀ㅣ촬영사진★ ································································································· 425
Theme 74. 녹음테이프의 증거능력(경정2015, 경간2005) ★★★ ········································ 429
Theme 75. 거짓말탐지기 검사결과의 증거능력(경간2007) ★★ ······································· 437
Theme 76. 당사자의 동의와 증거능력(경정83/2021, 경간2015) ★ ···································· 445
Theme 77. 탄핵증거(경간2011) ★★★ ················································································· 453
Contents
Theme 78. 자백과 보강증거(경정78/2022, 경간83/2006) ★★ ············································· 461
Theme 79. 공판조서의 증거능력과 증명력(공판조서의 배타적 증명력 경간2007) ★★ ········ 467
Theme 80. 공범자의 자백(경정2007/2019, 경간2000) ★★★ ·············································· 475
Theme 81. 검사와 사법경찰관리의 관계(경정80, 경간91/2010) ★★★ ······························ 481
Theme 82. 피고인의 특정(성명모용과 위장출석) ······························································ 491
Theme 83. 피고인의 소송법상 지위(경간 81, 행시90) ························································ 497
Theme 84. 무죄추정의 원칙(경정2020, 경간94) ★ ······························································ 503
Theme 85. 진술거부권(경정83/2022, 경감89, 경간2006) ★★ ·············································· 507
Theme 86. 진술거부권의 효과(경정93, 경간90/2011) ★★ ·················································· 513
Theme 87. 국선변호인(사시85, 경간2021) ★★ ····································································· 517
Theme 88. 변호인의 소송법상 지위와 권한(사시90) ······················································· 525
Theme 89. 변호인의 접견교통권(경정95/2010, 경간2017) ★★★ ······································· 531
Theme 90. 피의자와 피고인의 접견교통권(경감93, 법원행시2006) ★ ································ 539
Theme 91. 변호인의 피의자신문참여권(경정2017) ★★ ····················································· 545
Theme 92. 변호인의 형사기록열람·등사권(경정2013) ★ ················································· 549
Theme 93. 증거개시제도(경정2018) ····················································································· 553
Theme 94. 공소권남용 ·········································································································· 557
Theme 95. 불기소처분(경정90, 사시93) ★ ··········································································· 563
Theme 96. 사법경찰관의 불송치결정권★★★ ································································· 567
Theme 97. 기소독점주의(경정2009, 경간86/2012) ★ ··························································· 573
Theme 98. 기소편의주의에 대한 규제(경감80, 사시84) ····················································· 577
Theme 99. 기소강제절차(재정신청) (경정82/88, 행시92) ★★★ ········································ 581
Theme 100. 공소장일본주의(경간2019, 법행2018) ★ ····························································· 589
Theme 101. 공소시효(경정2020, 경간2010) ★ ········································································ 595
Theme 102. 증인적격★ ········································································································ 603
Theme 103. 참고인과 증인의 지위 비교(경간2020, 사시2003) ★★ ··································· 607
Theme 104. 증인의 권리와 의무(경정76, 경간88) ································································ 613
Theme 105. 간이공판절차(경간2020, 사시95) ★ ···································································· 619
Theme 106. 피해자의 형사절차상의 지위(경정2018, 경간2006/2014) ★ ······························ 623
Theme 107. 준항고 ★ ··········································································································· 629
Theme 108. 수사기관의 처분에 대한 준항고★★★ ························································· 635
Theme 109. 약식절차★ ········································································································· 641
Theme 110. 즉결심판절차(경정2013, 경간2002/2016) ★★ ······················································ 649
