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2026 신광은 형사소송법 2 [공소제기・공판] 기본서(개정판)

저자 : 신광은 출판사 : 느루

판형/쪽수 : 190×260 / 568 출판일 : 2025-07-21

금액 : 32,000원(10%↓) 28,800

총 주문금액 28,800
<교재의 특징>

개정법령 및 개정규칙 완전반영

전 직렬 최근 기출문제, 최신판례 완벽반영

이론과 기출문제를 체계적으로 결합

형사소송법 최고의 단권화 교재

 

 

 

 머 리 말

 

조문&이론판례기출문제를 단 한 권의 교재로 통합하였습니다.

 

먼저 신광은 형사소송법(공소제기·공판 편)을 명실공히 최고의 수험서로서 자리 잡게 해준 많은 수험생들의 애정과 아낌없는 응원에 진심으로 감사의 인사를 전합니다.

수험생들의 애정에 보답하고 그 기대에 부끄럽지 않은 조력자로서 수험생들의 합격에 밑거름이 될 수 있도록 하기 위해 수험시간과 노력 대비 효율성을 높이고정확한 이해와 암기를 위해서 꼭 필요하면서 중요한 설문과 판례를 빠짐없이 수록하였습니다.

 

신광은 형사소송법(공소제기·공판 편)의 주요 특징

제경향의 변화에 따른 개정법률 및 개정규칙 완벽 반영

최근 형사소송법 개정 법률 및 형사소송규칙 규정을 전부 반영하여 불필요한 내용은 삭제하고변경되거나 추가된 내용을 포함시켰다또한 최근 출제경향이 법조문과 규칙을 묻는 문제가 많아짐에 따라 개정된 형사법 법령과 규칙은 물론 기출된 법조문과 규칙그리고 출제가능한 중요한 법령은 규칙까지 모두 반영하여 법령을 별도로 보지 않아도 충분히 대비할 수 있도록 하였다.

 

직렬의 최근 기출지문 완벽 반영

개편되기 전까지의 기존 경찰채용승진 등의 기출지문은 물론 법원직·검찰사무직·교정직·보호직· 소방직 등의 기출지문을 완벽하게 반영함으로써 앞으로의 시험을 준비하는 수험생에게 적합한 교재가 되도록 노력하였다.

 

신판례와 기출판례 완벽 반영

최근에 시행된 시험을 비롯하여 전 직렬의 시험에 출제된 모든 판례와 올해 새롭게 변경되거나 추가된 최신판례그리고 시험에 출제될 가능성이 있는 판례까지 빠짐없이 보충하여 별도의 판례집 없이 기본서만으로 충분히 시험에 대비할 수 있도록 하였다.

 

출지문과 중요설문 아이콘 표시로 출제경향 파악 및 문제적응력 향상

주요 기출지문과 중요설문 및 키워드는 [Tip] 으로함정에 빠지기 쉬운 지문과 키워드는 [주의등으로 표시해서 중요한 부분과 틀리기 쉬운 부분이 어디인지 한눈에 보이도록 하여 출제경향을 파악하고 문제에 대한 적응력을 높일 수 있게 하였다.

 

재의 핵심내용을 강조함으로써 학습효과 증진 및 시간부족의 문제점 해결

반드시 보아야 하는 중요내용은 칼라로 표시하고다음으로 중요한 내용은 굵게 처리를 하여 교재 내용의 중요도를 체크하고 표시된 내용만 봐도 주요 핵심을 모두 파악할 수 있도록 하였다.

 

2026 신광은 형사소송법(공소제기·공판 편)의 업그레이드

 

기본서를 통한 최단기간 합격에 좀 더 다가가기 위해 다음과 같은 사항을 개선하였습니다.

부록 판례를 통한 난이도별 학습

고난이도나 출제가능성이 다소 낮은 판례들은 부록-보충판례를 통해 선택학습을 하게 함으로써 수험생의 실력에 맞는 난이도별 학습이 가능하도록 하였습니다.

2 [주의]의 틀린부분에 밑줄추가

기출설문의 어떤 부분이 틀리게 출제되는지를 처음부터 명확하게 숙지하고최단기간 내에 출제포인트를 파악할 수 있도록 [주의]의 틀린부분에 밑줄을 추가하였습니다.

3 기출표시 약어사용을 통한 지면 절약

긴 문장을 간결하게 정리하여 여러 문장을 최대한 한눈에 파악 가능하도록 하였습니다.

 

 출표시방식 변동사항

 

순경1순경2순경3차 → 1, 2, 3/경찰특공대 → 경특/경찰승진 → 경승/

경찰간부 → 경간/경간부 → 경간/경찰대편입 → 경편

9급국가·개론 → 9/9급국가 → 9/9급개론 → 9개론/7급국가 → 7

해경1해경2해경3차 → 1, 2, 3/해경특채1해경특채2차 → 해특1해특2/해경승진 → 해승/해경간부 → 해간/해간부 → 해간

소방간부 → 소간 변호사시험 → 변시 법학특채 → 법특

지능특채 → 지능 교정특채 → 교특

※ 10년도 이전 기출표시는 삭제하였습니다.

 

 

마치면서

신광은 형사소송법(공소제기·공판 편)은 교재의 단권화를 통한 공부방법이 필자가 강조하는 것인 만큼 이번에도 그 취지를 살려 별도의 판례집이나 문제집을 보지 않고도 본 교재 한권만으로도 충분히 시험에 대비할 수 있도록 주요 판례중요 설문 등 시험에 꼭 필요하고 중요한 내용을 빠짐없이 수록하고자 노력하였습니다.

그동안 신광은 형사소송법 교재 출간에 앞서 아낌없는 애정과 조언을 해 준 많은 수험생들에게 진심으로 감사의 인사를 전하며모쪼록 본서를 통해 수험생들이 형사소송법에서 만점의 성과를 거둘 수 있기를 기원합니다.

더불어 수험준비로 힘든 생활 속에서도 건강 잃지 않기를 바라며성실하고 능력있는 공무원이 되고자 하는 자신이 원하는 꿈을 이룰 수 있기를 희망합니다.

 

Bravo Your Life!!

편저자신광은 

 

교재목차

PART 1 공소제기

1장공소제기의 기본원칙 2

1절 공소와 공소권 이론······························2

공소··················································2

공소권··············································2

2절 공소제기의 기본원칙··························4

공소제기의 기본원칙························4

공소의 취소······································7

공소권남용 이론·····························10

 

2장공소제기의 방식 15

1절 공소장················································15

공소장 제출 및 공소장 기재사항·····15

필요적 기재사항·····························17

임의적 기재사항(범죄사실과

적용법조의 예비적·택일적 기재)····31

2절 공소장일본주의································34

의의 및 근거···································34

공소장일본주의의 내용 ·················34

공소장일본주의 위반의 효과··········37

공소장일본주의의 적용범위 ··········38

3장공소제기의 효과 39

1절 공소제기의 효과································39

소송계속 ·······································39

공소시효의 정지·····························40

심판범위의 한정·····························40

기타 공소제기의 효과·····················42

2절 심판범위 관련 문제··························43

일죄의 일부에 대한 공소제기 ········43

포괄일죄의 일부에 대한 공소제기··45

공소장변경(심판대상의 변경)·········47

3절 공소시효···········································73

공소시효의 의의와 본질·················73

공소시효의 기간·····························74

공소시효의 정지·····························80

공소시효 완성의 효과·····················86

공소시효 관련 특칙························86

 

PART 2 소송주체와 일반이론

 

1장소송의 주체 90

1절소송주체의 의의······························90

2절 법원···················································91

법원의 의의와 종류························91

법원의 관할····································93

제척·기피·회피····························112

3절 검사················································123

검사의 의의와 성격······················123

검사동일체의 원칙·······················124

법무부장관의 지휘·감독권···········125

검사의 소송법상 지위···················126

4절 피고인·············································128

의의 및 특정·································128

피고인의 소송법상 지위···············135

진술거부권 ··································138

무죄추정의 원칙···························145

당사자능력과 소송능력 ···············151

5절 변호인····································156

변호인 제도의 의의······················156

사선변호인 선임···························156

국선변호인 선정···························159

변호인의 지위와 권한···················170

6절 기타······································· 174

Ⅰ 보조인 ········································174

Ⅱ 전문심리위원······························· 175

 

2장 소송절차의 일반이론

1절 소송절차의 기본구조······················· 177

Ⅰ 소송의 실체면과 절차면···············177

Ⅱ 소송절차 이분론···························178

2절 소송행위········································· 179

Ⅰ 소송행위의 의의 및 종류··············179

Ⅱ 소송행위의 일반적 요소···············181

Ⅲ 소송행위에 대한 가치판단············186

3절 소송서류와 송달····························· 195

Ⅰ 소송서류의 의의 및 종류··············195

Ⅱ 조서 ············································· 196

Ⅲ 소송서류의 송달···························201

Ⅳ 소송서류 열람·등사····················· 207

4절 소송조건································ 211

Ⅰ 소송조건의 의의와 종류···············211

 

PART 3 공판

1장 공판절차

1절 공판절차의 기본원칙······················· 216

Ⅰ 공판절차의 의의···························216

Ⅱ 공판절차의 기본원칙···················· 217

2절 공판정의 심리··························· 222

Ⅰ 공판정의 구성······························ 222

Ⅱ 소송지휘권···································228

Ⅲ 법정경찰권···································230

3절 공판준비절차······························231

Ⅰ 공판준비절차의 의의···················· 231

Ⅱ 공판기일 전의 절차······················ 232

4절 공판기일의 절차························ 245

Ⅰ 모두절차······································ 245

Ⅱ 사실심리절차······························· 246

Ⅲ 판결선고절차······························· 257

5절 증인신문·검증·감정···················· 259

Ⅰ 증인신문······································ 259

Ⅱ 검증 ·········································· 284

Ⅲ 감정·통역·번역 ···························· 286

Ⅳ 공무소 등에의 조회······················ 289

6절 공판절차의 특수문제················· 290

Ⅰ 간이공판절차······························ 290

Ⅱ 공판절차의 정지와 갱신···············297

Ⅲ 변론의 병합·분리·재개················301

7절 국민참여재판··························· 303

Ⅰ 의의 ········································· 303

Ⅱ 대상사건 및 관할·························303

Ⅲ 국민참여재판절차 회부 ···············305

Ⅳ 배심원 선정··································309

Ⅴ 국민참여재판의 절차···················· 316

Ⅵ 벌칙 ············································ 321

2장 재판

1절 재판의 기본개념························ 322

Ⅰ 재판의 의의와 종류······················ 322

Ⅱ 재판의 성립 및 방식····················· 325

2절 재판의 확정과 효력··················· 330

Ⅰ 재판의 확정··································330

Ⅱ 재판확정의 효력···························331

Ⅲ 기판력 ·········································· 333

3절 종국재판······································343

유죄판결······································343

무죄판결······································350

관할위반의 판결···························352

공소기각의 재판···························353

면소판결······································356

종국재판의 부수효과····················358

4절 소송비용··································360

의의 ············································360

소송비용의 부담자·······················360

소송비용 부담 절차······················361

 

 

PART 4 상소 및 기타 절차

 

1장 상소 364

1절 상소 일반·································364

상소의 의의 및 종류·····················364

상소권··········································365

상소의 이익··································371

상소의 제기와 포기·취하·············373

일부 상소·····································377

불이익변경 금지의 원칙···············383

파기판결의 구속력·······················397

2절 항소·········································399

항소심의 의의······························399

항소심의 구조······························399

항소이유······································401

항소심 절차··································403

3절 상고·········································415

상고의 의의 및 구조·····················415

상고이유(383)······················416

상고심의 절차······························418

비약적 상고··································423

상고심 판결의 정정······················424

4절 항고·········································425

항고의 의의 및 종류·····················425

항고심의 절차······························427

준항고··········································429

 

2장비상구제절차 433

1절 재심·········································433

재심의 의의 및 대상·····················433

재심사유(420) ·····················436

재심개시절차·······························444

재심심판절차·······························449

2절 비상상고········································453

의의·············································453

비상상고 대상과 이유···················453

비상상고의 절차···························455

 

3장특별형사절차 458

 

1절 약식절차··································458

의의·············································458

약식명령의 청구···························458

약식절차의 심판···························460

정식재판의 청구···························462

2절 즉결심판절차·························· 466

Ⅰ 의의 ········································ 466

Ⅱ 즉결심판의 청구···························467

Ⅲ 즉결심판청구사건의 심리············· 469

Ⅳ 즉결심판청구사건의 재판············· 471

Ⅴ 정식재판의 청구···························473

3절 소년에 대한 형사절차················· 476

Ⅰ 의의 ············································· 476

Ⅱ 사건의 송치··································477

Ⅲ 소년형사절차의 특칙···················· 478

Ⅳ 소년보호사건 ······························ 483

4절 배상명령과 범죄피해자 보호········· 484

Ⅰ 범죄피해자의 형사소송절차상 지위· 484

Ⅱ 범죄피해자 구조제도···················· 484

Ⅲ 배상명령······································ 487

 

4장 재판의 집행과 보상

1절 재판의 집행····························· 492

Ⅰ 의의 및 일반원칙··························492

Ⅱ 형의 집행 ································· 494

Ⅲ 재판집행에 대한 구제···················500

2절 형사보상·································· 502

Ⅰ 형사보상의 의의와 성질···············502

Ⅱ 형사보상의 요건···························503

Ⅲ 형사보상의 내용···························504

Ⅳ 형사보상의 절차···························505

Ⅴ 무죄판결과 비용보상···················· 508

Ⅵ 무죄재판과 게재···························509

 

 

PART 5 서론

1장 형사소송법의 기초 512

1절 형사소송법의 의의와 성격··············· 512

Ⅰ 의의 ············································· 512

Ⅱ 성격 ············································· 513

2절 형사소송법의 법원과 적용범위·······514

Ⅰ 형사소송법의 법원(法源)··············514

Ⅱ 형사소송법의 적용범위················ 520

 

2장 형사소송법의 이념과 구조

1절 형사소송법의 지도이념··················· 525

Ⅰ 형사소송법의 이념과 상호관계·····525

Ⅱ 실체적 진실주의···························526

Ⅲ 적정절차의 원칙 ··························529

Ⅳ 신속한 재판의 원칙······················ 534

2절 형사소송의 기본구조····················· 538

Ⅰ 소송구조론···································538

Ⅱ 직권주의와 당사자주의················ 540

 

부록 보충판례 525

1장 공소제기······································· 546

2장 소송주체와 일반이론····················550

3장 공판·············································· 552

4장 상소 및 기타절차·························· 555

 ​ 

 

해당 교재로 수강중인 강좌

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    형사소송법

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