추가 적립 안내

경찰간부 시험용 형사소송법 기본서 교재이다. 단문집과 사례집에 들어 있지 않은 형사소송법의 기초되는 내용과 함께 사례집에 수록되어 있지 않은 최신판례에 대한 사례출제를 대비하기 위하여 책이다. 경찰간부 시험용으로만 만들어진 관계로 수사 파트부터 증거 파트까지의 법률과 판례로 교재가 구성되어 있다.

제1편 수사와 공소

Chapter 1 수 사

제1절 수사의 의의와 구조·············· 10
Ⅰ 수사의 의의 ·············································· 10
Ⅱ 수사의 구조 ·············································· 10
Ⅲ 수사의 조건 ·············································· 11

제2절 수사기관과 피의자··············· 15
Ⅰ 수사기관 ···················································· 15
Ⅱ 피의자 ······················································· 22

제3절 수사의 개시···················· 24
Ⅰ 수사의 단서 ·············································· 24
Ⅱ 불심검문 (경찰관직무집행법 제3조) ········ 25
Ⅲ 변사자 검시 ·············································· 29
Ⅳ 고 소 ························································· 30
Ⅴ 고 발 ························································· 41
Ⅵ 자 수 ························································· 44

제4절 임의수사······················· 46
Ⅰ 임의수사와 강제수사 ································ 46
Ⅱ 임의수사의 방법 ······································· 48
Ⅲ 임의수사의 적법성 ···································· 57
Ⅳ 임의수사와 강제수사의 한계영역 ············· 59

Chapter 2 강제처분과 강제수사

제1절 서 설························ 69
Ⅰ 강제처분의 의의 ······································· 69
Ⅱ 강제처분의 종류 ······································· 69
Ⅲ 강제처분과 인권보장제도 ······················· 70

제2절 피의자 체포···················· 71
Ⅰ 체포영장에 의한 체포 (통상체포) ············ 71
Ⅱ 긴급체포 ···················································· 78
Ⅲ 현행범인의 체포 ······································· 83

제3절 피의자와 피고인의 구속··········· 87
Ⅰ 구속의 의의와 유형 ·································· 87
Ⅱ 구속의 요건 ·············································· 88
Ⅲ 구속의 절차 [피의자 구속] ······················ 88
Ⅳ 구속기간의 제한 ······································· 94
Ⅴ 구속영장의 효력 ······································· 96
Ⅵ 접견교통권 ·············································· 104
Ⅶ 체포·구속 적부심사제도 ······················· 110
Ⅷ 보 석 ······················································· 118
Ⅸ 구속의 집행정지 ····································· 128
Ⅹ 구속의 실효 ············································ 130

제4절 압수·수색·검증················· 134
Ⅰ 압수·수색 ·············································· 134
Ⅱ 수사상 검증 ············································ 155
Ⅲ 수사상 감정 ············································ 160

제5절 수사상의 증거보전·············· 163
Ⅰ 증거보전 ·················································· 163
Ⅱ 증인신문의 청구 ····································· 166

Chapter 3 수사의 종결

제1절 검사의 수사종결················ 169
Ⅰ 수사종결의 의의와 종류 ························· 169
Ⅱ 수사종결처분의 통지 ······························ 171

제2절 불기소처분에 대한 불복·········· 176
Ⅰ 검찰항고 ·················································· 176
Ⅱ 재정신청 (제260조) ································ 177
Ⅲ 헌법소원 ················································ 178

제3절 공소제기 후의 수사············· 181
Ⅰ 의의 ························································· 181
Ⅱ 공소제기 후의 강제수사 ······················· 181
Ⅲ 공소제기 후의 임의수사 ························· 182

Chapter 4 공소제기

제1절 공소와 공소권이론·············· 183
Ⅰ 공소의 의의 ············································ 183
Ⅱ 공소권 및 공소권 이론 ·························· 183
Ⅲ 공소권 남용이론 ····································· 184

제2절 공소제기의 기본원칙············ 186
Ⅰ 공소제기의 기본원칙 ······························ 186
Ⅱ 공소의 취소 ············································ 189
Ⅲ 재정신청제도 ··········································· 192

제3절 공소제기의 방식················ 199
Ⅰ 공소장의 제출 및 공소장 기재사항 ······· 199
Ⅱ 필요적 기재사항 ····································· 201
Ⅲ 임의적 기재사항 ····································· 205
Ⅳ 공소장일본주의 ······································· 206

제4절 공소제기의 효과··············· 210
Ⅰ 소송계속 ·················································· 210
Ⅱ 심판범위의 한정 ····································· 210
Ⅲ 공소시효의 정지 ····································· 213

제5절 공소시효······················ 214
Ⅰ 의의 및 본질 ·········································· 214

Ⅱ 공소시효의 기간 ····································· 214
Ⅲ 공소시효의 정지 ····································· 217
Ⅳ 공소시효 완성의 효과 ···························· 218

제2편 공판과 증거 및 재판

Chapter 1 공판절차

제1절 공판절차의 기본원칙············ 224
Ⅰ 공판절차의 의의 ····································· 224
Ⅱ 공판절차의 기본원칙 ······························ 224

제2절 공판심리의 범위··············· 229
Ⅰ 심판의 대상 ············································ 229
Ⅱ 공소장 변경 ············································ 230

제3절 공판준비절차·················· 241
Ⅰ 공판준비절차의 의의 ······························ 241
Ⅱ 공판기일 전 절차 ··································· 241
Ⅲ 공판(전)준비절차 ···································· 244
Ⅳ 증거개시제도 ··········································· 247

제4절 공판정의 심리················· 256
Ⅰ 공판정의 구성 ········································· 256
Ⅱ 소송지휘권과 법정경찰권 ······················· 263

제5절 공판기일의 절차··············· 268
Ⅰ 모두절차 ·················································· 268
Ⅱ 사실심리절차 ··········································· 269
Ⅲ 판결선고절차 ··········································· 276

제6절 증인신문·감정·검증············· 283
Ⅰ 증인신문 ·················································· 283
Ⅱ 검 증 ······················································· 304
Ⅲ 감정·통역·번역 ··································· 308
Ⅳ 전문심리위원제도 ··································· 313

제7절 공판절차의 특수문제············ 317
Ⅰ 간이공판절차 ··········································· 317
Ⅱ 공판절차의 정지와 갱신 ························· 322
Ⅲ 변론의 병합·분리·재개 ······················· 325

Chapter 2 증 거

제1절 증거의 의의와 종류············· 328
Ⅰ 증거의 의의 ············································ 328
Ⅱ 증거의 종류 ············································ 328
Ⅲ 증거능력과 증명력 ·································· 330

제2절 증명의 기본원칙················ 331
Ⅰ 증거재판주의 ··········································· 331
Ⅱ 거증책임 ·················································· 336

제3절 위법수집증거배제법칙··········· 339
Ⅰ 서설 ························································· 339
Ⅱ 적용범위 ·················································· 340
Ⅲ 효과 ······················································· 340
Ⅳ 독수의 과실이론 ····································· 344

제4절 자백배제법칙·················· 346
Ⅰ 자백의 의의 ············································ 346
Ⅱ 자백배제법칙 ··········································· 346

제5절 전문법칙····················· 353
Ⅰ 전문증거와 전문법칙 ······························ 353
Ⅱ 전문법칙의 예외 ····································· 356

제6절 형사소송법상 전문법칙의 예외···· 358
Ⅰ 법원 또는 법관의 면전조서 ··················· 358
Ⅱ 피의자신문조서 ······································· 360
Ⅲ 진술조서 ·················································· 366
Ⅳ 진술서 ····················································· 369
Ⅴ 수사기관의 검증조서 ······························ 372
Ⅵ 실황조사서 ·············································· 374
Ⅶ 감정서 ····················································· 375
Ⅷ 제314조 ················································ 376
Ⅸ 당연히 증거능력이 있는 서류 ·············· 381
Ⅹ 전문진술 ·················································· 384
? 재전문증거 ·············································· 386
? 진술의 임의성 ········································· 387
XIII 전문법칙의 관련문제 ······························ 388

제7절 당사자의 동의와 증거능력········ 397
Ⅰ 동의의 의의와 성질 ································ 397
Ⅱ 동의의 방법 ············································ 398
Ⅲ 동의의 의제 ············································ 400
Ⅳ 동의의 효과 ············································ 401
Ⅴ 동의의 철회와 취소 ································ 402

제8절 탄핵증거····················· 403
Ⅰ 의의 및 성질 ·········································· 403
Ⅱ 허용범위와 자격 ····································· 404
Ⅲ 탄핵의 범위와 대상 ································ 405
Ⅳ 탄핵증거의 조사방법 ······························ 406

제9절 증명력 관련문제··············· 407
Ⅰ 자유심증주의 ··········································· 407
Ⅱ 자백의 보강법칙 ····································· 413
Ⅲ 공판조서의 증명력 ·································· 418

Chapter 3 재 판

제1절 재판의 기본개념················ 422
Ⅰ 재판의 의의와 종류 ································ 422
Ⅱ 재판의 성립과 방식 ································ 424

제2절 종국재판····················· 429
Ⅰ 유죄판결 ·················································· 429
Ⅱ 무죄판결 ·················································· 433
Ⅲ 관할위반의 판결 ····································· 435
Ⅳ 공소기각의 재판 ····································· 436
Ⅴ 면소판결 ·················································· 439
Ⅵ 종국재판의 부수효과 ······························ 441

제3절 재판의 확정과 효력············· 444
Ⅰ 재판의 확정 ············································ 444
Ⅱ 재판확정의 효력 ····································· 445
Ⅲ 기판력 ····················································· 446

[머리말]

본서는 경찰간부 시험용 기본서 교재입니다. 경찰간부 시험에서 형사소송법 과목은 주관식으로 시험
을 치루기 때문에 암기를 요하는 과목입니다. 그러나 주관식 교재에는 형사소송법의 기초가 되는 내
용들이 빠져 있어 주관식 단문으로만 공부를 하는 경우 형사소송법의 기초 지식이 부족하여 주관식
공부에도 애를 먹는 경향이 있습니다.
본서는 주관식 교재에 들어 있지 않은 형사소송법의 기초되는 내용과 함께 사례집에 수록되어 있지
않은 최신판례에 대한 사례출제를 대비하기 위하여 출간된 교재입니다. 경찰간부 시험용으로만 만들
어진 관계로 수사 파트부터 증거 파트까지의 법률과 판례로 교재가 구성이 되었습니다.

본 교재의 특징은 다음과 같습니다.

첫째, 본서 한권으로 형사소송법의 기초가 되는 법률과 이론 및 판례를 충실하게 수록하여 형사소송법의 토대를 세울 수 있도록 하였습니다.
둘째, 2019년과 2020년 사이에 제·개정된 공수처법, 형사소송법, 검찰청법, 통신비밀보호법을 반영하였고 또한 2020년 상반기까지 최신판례도 교재에 반영되었습니다.
셋째, 판례 중의 중요한 핵심내용을 글자체를 진하게 강조를 주어 교재를 전부 읽지 않아도 주요내용이 한 눈에 들어오도록 차별화 하였습니다.

수험생활은 외롭고 고독한 길입니다. 따라서 무엇보다도 수험생활에서 중요한 것은 나는 할 수 있다
는 의지입니다.
그리고 마라톤과 같이 흔들리지 않고 꾸준하게 성실히 하루하루를 공부해 나가는 것이 중요하다 할
것입니다. 1년 동안의 수험생활 동안 누구에게나 슬럼프는 있을 수 있고 이것을 잘 이겨내야만 원하
는 결과를 얻을 수 있으리라 봅니다.

아무쪼록 본서를 기초삼아 열심히 공부하시고 원하는 결과가 있기를 간절히 바랍니다.

2020년 10월

저자 김 복 규