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최단기 기출판례 총정리 형사소송법

  • 신호진
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  • 문형사
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  • 2018-11-09 출간
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  • 202페이지
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  • 188x257mm(B5)/384g
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  • ISBN 9788963996721
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출판사서평

 

 

서문

 

“최단기 기출판례 총정리”에 대하여

 

1. 방대한 판례의 효율적인 정리

변호사시험의 선택형 문제를 분석해 보면 50~60%가 판례문제이다. 그러나 판례는 그 분량이 엄청나게 방대해서 그것을 빠짐없이 정리한다는 것은 매우 어려운 일이다. 그러므로 판례는 “중요판례”를 중심으로 정리할 수밖에 없는데, 그 중요판례가 바로 “기출판례”이다.

이에 본서는 최근 “7년간의 변호사시험”, “5년간의 사법시험”, 그리고 “3년간의 법전협 모의고사”에서 출제되었던 판례들을 중심으로 판례를 정리하였다.

 

2. 중요 판례의 체계적 총정리

선택형 문제를 통하여 판례를 공부할 경우에는 “체계성”이 떨어져서 자칫 정리되지 않은 산만한 지식만 갖게 될 우려가 있다. 이에 본서에서는 기출판례들을 “기본서의 체계”와 “논점”에 따라서 재배열을 하여 판례를 체계적으로 정리할 수 있도록 하였다. 즉, 한 개의 논점과 관련된 판례들을 “한 개의 OX지문들의 집합형태”로 재구성을 함으로써 상호 관련되어 있고 유사한 판례들을 한꺼번에 정리할 수 있도록 하였다.

 

3. 판례의 핵심에 대한 강조

기출문제를 분석해 보면 동일한 판례가 “사실관계”를 중심으로 출제되는 경우도 있고, 반대로 “판결이유” 중심으로 출제되는 경우도 있다. 또 판례를 기초로 하면서도 문자적으로 변형된 경우도 많다. 이에 본서에서는 사실관계를 중심으로 하면서도 판결이유의 소개도 병행함으로써 양자를 동시에 준비할 수 있도록 하였으며, 또한 판례 원문에 충실하게 지문을 구성함으로써 판례의 핵심을 정확하게 파악할 수 있도록 하였다.

 

4. 집중강의를 통한 효율적인 판례정리

본서의 내용을 신속하게 정리할 수 있는 효율적인 방법은 “강의”를 활용하는 것이다. 본서에 대한 “최단기 집중강의”는 “윌비스 한림법학원”과 “신호진형사법교실” 사이트를 통하여 이용할 수 있다.

아무쪼록 본서의 효과적 활용을 통하여 고득점 조기합격의 목표를 달성하기를 간절히 기원하면서…

 

2018년 10월 16일

신 호 진

목차

 

 

[ 형 사 소 송 법 ]

 

1. 수사의 기본개념 ································································································ 3

2. 수사의 개시 ······································································································ 6

3. 수사의 방법 ···································································································· 13

4. 대인적 강제수사 ······························································································ 16

5. 대물적 강제수사 ······························································································ 25

6. 수사상의 증거보전 ··························································································· 42

7. 수사의 종결 ···································································································· 44

8. 공소와 공소권이론 ··························································································· 46

9. 공소제기의 기본원칙 ························································································ 47

10. 공소제기의 방식 ···························································································· 50

11. 공소제기의 효과 ···························································································· 56

12. 공소시효 ······································································································· 57

13. 법 원 ··········································································································· 61

14. 검 사 ··········································································································· 67

15. 피고인 ·········································································································· 68

16. 변호인 ·········································································································· 71

17. 소송행위 ······································································································· 75

18. 소송조건 ······································································································· 79

19. 공판절차의 기본원칙 ······················································································ 80

20. 공판심리의 범위 ···························································································· 81

21. 공판준비절차 ································································································· 91

22. 증거조사와 강제처분 ······················································································ 93

23. 공판절차의 특칙 ··························································································· 100

24. 증명의 기본원칙 ··························································································· 105

25. 위법수집증거배제법칙 ··················································································· 112

26. 자백배제법칙 ······························································································· 119

27. 전문법칙 ····································································································· 122

28. 당사자의 동의와 증거능력 ············································································· 149

29. 탄핵증거 ····································································································· 154

30. 자백보강법칙 ······························································································· 156

31. 공판조서의 증명력 ························································································ 161

32. 종국재판 ····································································································· 164

33. 재판의 확정과 효력 ······················································································ 168

34. 상소의 일반이론 ··························································································· 172

35. 항 소 ·········································································································· 185

36. 상 고 ·········································································································· 189

37. 항 고 ·········································································································· 192

38. 재 심 ·········································································································· 195

39. 비상상고 ····································································································· 200

40. 약식절차 ····································································································· 201

41. 즉결심판절차 ······························································································· 202

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