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  • 2018 형사소송법요론  
    저자명 신호진
    출판사 문형사
    판형 2018년판
    출판일 2018-02-28
    페이지 1021 Page
    재고량 0
    정가 52,000원 -> 판매가 46,800 (468원 적립) (0원 할인) 배송비 0원
    스프링분철
    구매수량   EA
       
    관련상품 상품상세정보 상품평&후기 반품 및 교환안내    
    관련된 상품이 없습니다.

    [ 머 리 말 ]

     

     

    2018년판 형사소송법요론에 대해서

     

    형사소송법요론이 형사소송법의 기본교재로서 지향하는 점은 두 가지이다. 첫째, 출제가능한 형사소송법의 기본이론을 빠짐없이 정리, 소개함으로써 이론기본서로서의 역할을 충실하게 수행해야 한다는 점이고, 둘째, 출제가능한 형사소송법 판례를 형사소송법의 이론적 체계에 맞추어 정리함으로써 판례기본서로서의 역할도 수행해야 한다는 점이다.

     

     

    이런 전제에서 2018년판 “형사소송법요론”을 만들면서 주력한 점은 다음과 같다.

     

    ⑴ 2017.12.19.에 개정된 형사소송법 제457조의2는 피고인이 정식재판을 청구한사건에 대하는 약식명령의 형보다 중한 형을 선고하지 못한다는 불이익변경금지의 원칙을 폐지하고, “피고인이 정식재판을 청구한 사건에 대하여는 약식명령의 형보다 중한 종류의 형을 선고하지 못한다.”(제1항)는 형종상향금지의 원칙으로 대체하였는데, 이러한 내용을 “상소의 일반이론”, “약식절차” 등에 반영하였고, 관련 판례 중 불필요하게 된 것들을 삭제하였다. 또한 비공무원의 서류와 소환장의 본인확인 방법으로 기명날인 외에 서명도 허용하도록 개정된 제59조와

    제74조도 반영하였다.

     

    ⑵ 2017년 12월 판례공보까지 반영하여 최신판례를 빠짐없이 보충하였다.

     

    ⑶ 기존 판례를 좀 더 체계적으로 정확한 위치에 배치하였고, 헌법재판소 결정례까지 참고하여 필요한 부분에 추가하였다.

     

     

    2018년판 형사소송법요론이 독자 여러분의 꿈의 실현에 조금이나마 도움이 되기를

    기원한다.

     


    [목   차]


     

    제1편 형사소송법의 일반이론

    제1장 형사소송법의 기본개념

    제1절 형사소송법의 의의와 성격 ············································································· 3

    [1] 형사소송법의 의의/ 3 [2] 형사소송법의 성격/ 4

    제2절 형사소송법의 법원과 적용범위 ······································································· 5

    [1] 형사소송법의 법원/ 5 [2] 형사소송법의 적용범위/ 7

    제3절 형사소송법의 발전 ······················································································ 11

    [1] 서구 형사소송법의 발전/ 11 [2] 우리 형사소송법의 발전/ 12

    제2장 형사소송의 이념과 본질

    제1절 형사소송의 이념 ························································································ 13

    [1] 형사소송의 이념과 상호관계/ 13 [2] 실체적 진실주의/ 13

    [3] 적정절차의 원칙/ 16 [4] 신속한 재판의 원칙/ 19

    제2절 형사소송의 기본구조 ··················································································· 24

    [1] 형사소송구조론의 의의/ 24 [2] 규문주의와 탄핵주의/ 24

    [3] 직권주의와 당사자주의/ 25

    제3절 형사소송절차의 본질 ··················································································· 29

    [1] 형사소송절차의 의의와 본질/ 29 [2] 형사소송의 실체면과 절차면/ 30

    제2편 수사와 공소

    제1장 수 사

    제1절 수사의 기본개념 ························································································· 35

    [1] 수사의 의의와 수사기관/ 35 [2] 수사의 구조와 피의자의 지위/ 39

    [3] 수사의 조건/ 42

    제2절 수사의 개시 ······························································································· 49

    [1] 수사의 단서/ 49 [2] 불심검문/ 49

    [3] 고 소/ 58 [4] 기타의 수사단서/ 75

    제3절 수사의 방법 ······························································································· 81

    [1] 총 설/ 81 [2] 임의수사/ 89 [3] 강제수사/ 98

    제4절 대인적 강제수사 ······················································································· 101

    [1] 피의자의 체포/ 101 [2] 피의자 구속/ 116

    [3] 피의자·피고인의 접견교통권/ 131 [4] 체포·구속된 피의자의 석방제도/ 137

    제5절 대물적 강제수사 ······················································································· 148

    [1] 수사상의 압수·수색/ 148 [2] 수사상의 검증/ 166

    [3] 압수·수색·검증과 영장주의의 예외/ 173

    [4] 수사상의 감정/ 183 [5] 기술적 수단에 의한 수사/ 186

    제6절 수사상의 증거보전 ···················································································· 198

    [1] 증거보전/ 198 [2] 참고인에 대한 증인신문/ 202

    제7절 수사의 종결 ····························································································· 207

    [1] 수사종결의 의의와 종류/ 207 [2] 불기소처분에 대한 불복방법/ 211

    [3] 공소제기 후의 수사/ 214

    제2장 공소의 제기

    제1절 공소와 공소권이론 ···················································································· 220

    [1] 공소의 의의/ 220 [2] 공소권이론/ 220 [3] 공소권남용론/ 222

    제2절 공소제기의 기본원칙 ················································································· 230

    [1] 국가소추주의/ 230 [2] 기소독점주의/ 230

    [3] 기소편의주의/ 232 [4] 공소의 취소/ 237

    [5] 재정신청과 기소강제절차/ 241

    제3절 공소제기의 방식 ······················································································· 250

    [1] 서면주의/ 250 [2] 공소장의 기재사항/ 252 [3] 공소장일본주의/ 264

    제4절 공소제기의 효과 ······················································································· 271

    [1] 소송계속/ 271 [2] 심판범위의 한정/ 272 [3] 공소시효의 정지/ 277

    제5절 공소시효 ·································································································· 278

    [1] 공소시효의 의의와 본질/ 278 [2] 공소시효의 기간/ 281

    [3] 공소시효의 정지/ 287 [4] 공소시효의 완성/ 291

    제3편 공 판

    제1장 소송주체

    제1절 법 원 ······································································································ 296

    [1] 법원의 의의와 종류/ 296 [2] 법원의 관할/ 298 [3] 제척·기피·회피/ 313

    제2절 검 사 ······································································································ 324

    [1] 검사와 검찰청/ 324 [2] 검사의 조직과 구조/ 326 [3] 검사의 소송법상 지위/ 329

    제3절 피고인 ····································································································· 333

    [1] 피고인의 의의와 특정/ 333 [2] 피고인의 당사자능력과 소송능력/ 338

    [3] 피고인의 소송법상 지위/ 342 [4] 무죄추정의 원칙/ 346

    [5] 피고인의 진술거부권/ 352

    제4절 변호인 ····································································································· 362

    [1] 변호인제도의 의의/ 362 [2] 변호인의 선임·선정/ 363

    [3] 변호인의 지위와 권한/ 375 [4] 보조인/ 385

    제2장 소송행위와 소송조건

    제1절 소송행위 ·································································································· 386

    [1] 소송행위의 의의와 종류/ 386 [2] 소송행위의 일반적 요소/ 389

    [3] 소송행위에 대한 가치판단/ 395 [4] 소송서류/ 406

    제2절 소송조건 ·································································································· 418

    [1] 소송조건의 의의와 종류/ 418 [2] 소송조건의 조사와 흠결/ 419

    [3] 소송조건의 추완/ 422

    제3장 공판절차

    제1절 공판절차의 기본원칙 ················································································· 423

    [1] 공판절차의 의의/ 423 [2] 공판절차의 기본원칙/ 423

    제2절 공판심리의 범위 ······················································································· 429

    [1] 심판의 대상/ 429 [2] 공소장변경/ 433

    제3절 공판준비절차 ···························································································· 461

    [1] 공판준비절차의 의의/ 461 [2] 광의의 공판준비절차/ 462

    [3] 협의의 공판준비절차/ 470

    제4절 공판정에서의 심리 ···················································································· 475

    [1] 공판정의 구성과 법원의 권한/ 475 [2] 공판기일의 절차/ 484

    [3] 공판절차이분론/ 490

    제5절 증거조사와 강제처분 ················································································· 493

    [1] 법원의 증거조사/ 493 [2] 법원의 강제처분/ 528

    제6절 공판절차의 특칙 ······················································································· 550

    [1] 간이공판절차/ 550 [2] 공판절차의 정지와 갱신/ 556

    [3] 변론의 병합·분리·재개/ 561 [4] 국민참여재판/ 563

    제4장 증 거

    제1절 증거법의 기본개념 ···················································································· 576

    [1] 증거의 의의와 종류/ 576 [2] 증거능력과 증명력/ 579

    제2절 증명의 기본원칙 ······················································································· 581

    [1] 증거재판주의/ 581 [2] 거증책임/ 591 [3] 자유심증주의/ 598

    제3절 위법수집증거배제법칙 ················································································ 608

    [1] 위법수집증거배제법칙의 의의 및 연혁/ 608

    [2] 위법수집증거배제법칙의 적용범위/ 610

    [3] 위법수집증거배제법칙의 적용효과/ 622

    제4절 자백배제법칙 ···························································································· 624

    [1] 자백의 의의와 효과/ 624 [2] 자백배제법칙/ 627

    제5절 전문법칙 ·································································································· 638

    [1] 전문증거와 전문법칙/ 638 [2] 전문법칙의 예외/ 642 [3] 진술의 임의성/ 708

    제6절 당사자의 동의와 증거능력 ·········································································· 713

    [1] 증거동의의 의의와 성질/ 713 [2] 증거동의의 방법/ 715

    [3] 증거동의의 의제/ 720 [4] 증거동의의 효과/ 722

    [5] 증거동의의 철회 및 취소/ 725

    제7절 탄핵증거 ·································································································· 727

    [1] 탄핵증거의 의의와 성격/ 727 [2] 탄핵증거의 허용범위 및 자격/ 728

    [3] 탄핵의 대상과 범위/ 731 [4] 탄핵증거의 제출과 조사방법/ 733

    제8절 자백보강법칙 ···························································································· 735

    [1] 자백보강법칙의 의의와 필요성/ 735 [2] 자백보강법칙의 적용범위/ 736

    [3] 보강증거의 자격/ 740 [4] 보강증거의 범위/ 744

    [5] 자백보강법칙 위반의 효과/ 747

    제9절 공판조서의 증명력 ···················································································· 748

    [1] 공판조서의 배타적 증명력/ 748 [2] 배타적 증명력이 인정되는 범위/ 749

    [3] 배타적 증명력 있는 공판조서/ 751

    제5장 재 판

    제1절 재판의 기본개념 ······················································································· 753

    [1] 재판의 의의와 종류/ 753 [2] 재판의 성립 및 방식/ 755

    제2절 종국재판 ·································································································· 760

    [1] 유죄판결/ 760 [2] 무죄판결/ 771 [3] 관할위반의 판결/ 774

    [4] 공소기각의 재판/ 775 [5] 면소판결/ 782 [6] 종국재판의 부수효과와 부수처분/ 790

    제3절 재판의 확정과 효력 ··················································································· 792

    [1] 재판의 확정/ 792 [2] 재판의 확정력/ 793 [3] 기판력/ 796

    제4절 소송비용 ·································································································· 807

    [1] 소송비용의 의의/ 807 [2] 소송비용의 부담자/ 808

    [3] 소송비용부담의 절차/ 809 [4] 무죄판결에 대한 비용보상/ 811

    제4편 상소·비상구제절차·특별형사절차

    제1장 상 소

    제1절 상소의 일반이론 ······················································································· 815

    [1] 상소의 의의와 종류/ 815 [2] 상소권/ 816 [3] 상소의 이익/ 821

    [4] 상소의 제기와 포기·취하/ 828 [5] 일부상소/ 833

    [6] 불이익변경금지의 원칙/ 840 [7] 파기판결의 구속력/ 852

    제2절 항 소 ······································································································ 857

    [1] 항소의 의의와 항소심의 구조/ 857 [2] 항소이유/ 861

    [3] 항소심의 절차/ 865

    제3절 상 고 ······································································································ 883

    [1] 상고의 의의와 상고심의 구조/ 883 [2] 상고이유/ 884

    [3] 상고심의 절차/ 888 [4] 비약적 상고/ 895 [5] 상고심판결의 정정/ 896

    제4절 항 고 ······································································································ 898

    [1] 항고의 의의와 종류/ 898 [2] 항고심의 절차/ 900 [3] 준항고/ 902

    제2장 비상구제절차

    제1절 재 심 ······································································································ 907

    [1] 재심의 의의와 구조/ 907 [2] 재심이유/ 910

    [3] 재심개시절차/ 921 [4] 재심심판절차/ 927

    제2절 비상상고 ·································································································· 931

    [1] 비상상고의 의의/ 931 [2] 비상상고의 대상/ 932

    [3] 비상상고의 이유/ 933 [4] 비상상고의 절차/ 937

    제3장 특별형사절차

    제1절 약식절차 ·································································································· 940

    [1] 약식절차의 의의/ 940 [2] 약식명령의 청구/ 941

    [3] 약식절차의 심판/ 942 [4] 정식재판의 청구와 재판/ 945

    제2절 즉결심판절차 ···························································································· 950

    [1] 즉결심판절차의 의의와 성격/ 950 [2] 즉결심판의 청구/ 951

    [3] 즉결심판청구사건의 심판/ 952 [4] 정식재판의 청구와 재판/ 956

    제3절 소년에 대한 특별절차 ················································································ 958

    [1] 서 설/ 958 [2] 소년보호절차/ 958 [3] 소년형사절차/ 961

    제4절 피해자 보호절차 ······················································································· 965

    [1] 형사조정절차/ 965 [2] 배상명령절차/ 966

    [3] 화해절차/ 972 [4] 국가에 의한 범죄피해자구조제도/ 973

    제4장 재판의 집행과 형사보상 및 명예회복

    제1절 재판의 집행 ····························································································· 977

    [1] 재판집행의 일반원칙/ 977 [2] 형의 집행/ 980

    [3] 재판집행에 대한 구제절차/ 985

    제2절 형사보상과 명예회복 ················································································· 988

    [1] 형사보상제도/ 988 [2] 명예회복제도/ 995

    [판례색인] ········································································································ 997

    [사항색인] ······································································································ 1007

     

     

    상품평을 등록 하시면 100포인트를 적립해 드립니다.        

    반품,A/S 및 환불,교환



    반품
    ⓐ 고객의 변심에 의한 반품
    고객의 변심에 의한 반품의 경우는 물품 수령후 7일 이내에만 가능하며 반품의사를 반드시 콜센터(02-883-9321)를 통하여 표시하셔야 합니다.
    그리고 10만원 이상 구매하셔서 배송료를 면제받으신 때에 반품으로 인하여 구매가액이 10만원 이하가 될 경우 면제되었던 배송료를 부담하셔야 하며 반품비용도 전적으로 고객이 부담하셔야 합니다.
    ⓑ 제품의 원시적인 하자에 의한 반품
    ⓒ 반품 및 교환불가제품
    고객의 요청으로 스프링분철된 도서, 특가상품, 복사물 형식의 서브노트자료, 학원모의고사(봉투형식)등은 반품 및 교환이 불가능합니다.
    미리 공지된 사항에 의하지 않은 제품의 원시적인 하자에 의한 반품의 경우는 물품수령후 7일 이내에 가능하며 이 때의 반품처리에 관련된 비용은 에이스고시에서 부담합니다.


    A/S
    도서 등이 파본이 된 경우는 종류물채권의 특성상 완전한 물품으로 교환해 드리며 이 때 교환비용은 에이스고시가 부담합니다. 교환절차는 에이스고시로 해당 물품을 한진택배(1588-0011) 를 통하여 착불로 보내주시면 저희가 파본여부 확인후 바로 재발송해드립니다. 교환시 물류회사는 한진택배(1588-0011)를 이용해 주셔야 합니다.


    제품을 반품하신 경우에는 환불 또는 교환을 요구하실 수 있습니다.
    교환으로 인하여 차액이 발생하면 카드결제일 경우에는 승인을 취소해 드리거나 사이버머니로 예치시켜드리고 현금결제일 경우에는 환불해드립니다.
    ※ 카드결제의 경우는 현금으로 환불처리 되지 않고 카드 부분취소해 드립니다.


    반품,교환비용 청구
    제품의 하자로 인한 반품,교환에 소요되는 비용은 에이스고시에서 부담합니다.
    제품의 하자가 없는 경우의 반품,교환비용은 고객이 실비(왕복 택배비 : 5천원 상당)를 부담하셔야 합니다.


    반품방법 및 반품주소
    반품시 해당 상품이 손상이 가지 않도록 포장을 잘 해주시고(테잎ㆍ플레이디스크 반품시 반드시 케이스 동봉) 반품전에 콜센터(02-883-9321)를 통하여 반품의사를 밝혀 주셔야만 반품처리가 됩니다


    반품주소
    서울 관악구 대학동 1537-7번지 다산서적

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