교재소개
• 개정법령 및 개정규칙 완전반영
• 전 직렬 최근 기출문제, 최신판례 완벽반영
• 이론과 기출문제를 체계적으로 결합
• 형사소송법 최고의 단권화 교재
머 리 말
조문&이론, 판례, 기출문제를 단 한 권의 교재로 통합하였습니다.
먼저 신광은 형사소송법Ⅱ(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 높이고, 정확한 이해와 암기를 위해서 꼭 필요하면서 중요한 설문과 판례를 빠짐없이 수록하였습니다.
「신광은 형사소송법Ⅱ(공소제기·공판 편)」의 주요 특징
1 제경향의 변화에 따른 개정법률 및 개정규칙 완벽 반영
최근 형사소송법 개정 법률 및 형사소송규칙 규정을 전부 반영하여 불필요한 내용은 삭제하고, 변경되거나 추가된 내용을 포함시켰다. 또한 최근 출제경향이 법조문과 규칙을 묻는 문제가 많아짐에 따라 개정된 형사법 법령과 규칙은 물론 기출된 법조문과 규칙, 그리고 출제가능한 중요한 법령은 규칙까지 모두 반영하여 법령을 별도로 보지 않아도 충분히 대비할 수 있도록 하였다.
2 직렬의 최근 기출지문 완벽 반영
개편되기 전까지의 기존 경찰채용, 승진 등의 기출지문은 물론 법원직·검찰사무직·교정직·보호직· 소방직 등의 기출지문을 완벽하게 반영함으로써 앞으로의 시험을 준비하는 수험생에게 적합한 교재가 되도록 노력하였다.
3 신판례와 기출판례 완벽 반영
최근에 시행된 시험을 비롯하여 전 직렬의 시험에 출제된 모든 판례와 올해 새롭게 변경되거나 추가된 최신판례, 그리고 시험에 출제될 가능성이 있는 판례까지 빠짐없이 보충하여 별도의 판례집 없이 기본서만으로 충분히 시험에 대비할 수 있도록 하였다.
4 출지문과 중요설문 아이콘 표시로 출제경향 파악 및 문제적응력 향상
주요 기출지문과 중요설문 및 키워드는 [Tip] 으로, 함정에 빠지기 쉬운 지문과 키워드는 [주의] 등으로 표시해서 중요한 부분과 틀리기 쉬운 부분이 어디인지 한눈에 보이도록 하여 출제경향을 파악하고 문제에 대한 적응력을 높일 수 있게 하였다.
5 재의 핵심내용을 강조함으로써 학습효과 증진 및 시간부족의 문제점 해결
반드시 보아야 하는 중요내용은 칼라로 표시하고, 다음으로 중요한 내용은 굵게 처리를 하여 교재 내용의 중요도를 체크하고 표시된 내용만 봐도 주요 핵심을 모두 파악할 수 있도록 하였다.
「2026 신광은 형사소송법Ⅱ(공소제기·공판 편)」의 업그레이드
기본서를 통한 최단기간 합격에 좀 더 다가가기 위해 다음과 같은 사항을 개선하였습니다.
1 부록 판례를 통한 난이도별 학습
고난이도나 출제가능성이 다소 낮은 판례들은 ‘부록-보충판례’를 통해 선택학습을 하게 함으로써 수험생의 실력에 맞는 난이도별 학습이 가능하도록 하였습니다.
2 [주의]의 틀린부분에 밑줄추가
기출설문의 어떤 부분이 틀리게 출제되는지를 처음부터 명확하게 숙지하고, 최단기간 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
∙순경1차, 순경2차, 순경3차 → 순1, 순2, 순3/경찰특공대 → 경특/경찰승진 → 경승/
경찰간부 → 경간/경간부 → 경간/경찰대편입 → 경편
∙9급국가·개론 → 국9/9급국가 → 국9/9급개론 → 국9개론/7급국가 → 국7
∙해경1차, 해경2차, 해경3차 → 해1, 해2, 해3/해경특채1차, 해경특채2차 → 해특1차, 해특2차/해경승진 → 해승/해경간부 → 해간/해간부 → 해간
∙소방간부 → 소간 ∙변호사시험 → 변시 ∙법학특채 → 법특
∙지능특채 → 지능 ∙교정특채 → 교특
※ 10년도 이전 기출표시는 삭제하였습니다.
마치면서
「신광은 형사소송법Ⅱ(공소제기·공판 편)」은 ‘교재의 단권화’를 통한 공부방법이 필자가 강조하는 것인 만큼 이번에도 그 취지를 살려 별도의 판례집이나 문제집을 보지 않고도 본 교재 한권만으로도 충분히 시험에 대비할 수 있도록 주요 판례, 중요 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 전하며, 모쪼록 본서를 통해 수험생들이 형사소송법에서 만점의 성과를 거둘 수 있기를 기원합니다.
더불어 수험준비로 힘든 생활 속에서도 건강 잃지 않기를 바라며, 성실하고 능력있는 공무원이 되고자 하는 자신이 원하는 꿈을 이룰 수 있기를 희망합니다.
Bravo Your Life!!
편저자신광은
교재목차
PART 1 공소제기
제1장공소제기의 기본원칙 2
제1절 공소와 공소권 이론······························2
Ⅰ공소··················································2
Ⅱ공소권··············································2
제2절 공소제기의 기본원칙··························4
Ⅰ공소제기의 기본원칙························4
Ⅱ공소의 취소······································7
Ⅲ공소권남용 이론·····························10
제2장공소제기의 방식 15
제1절 공소장················································15
Ⅰ공소장 제출 및 공소장 기재사항·····15
Ⅱ필요적 기재사항·····························17
Ⅲ임의적 기재사항(범죄사실과
적용법조의 예비적·택일적 기재)····31
제2절 공소장일본주의································34
Ⅰ의의 및 근거···································34
Ⅱ공소장일본주의의 내용 ·················34
Ⅲ공소장일본주의 위반의 효과··········37
Ⅳ공소장일본주의의 적용범위 ··········38
제3장공소제기의 효과 39
제1절 공소제기의 효과································39
Ⅰ소송계속 ·······································39
Ⅱ공소시효의 정지·····························40
Ⅲ심판범위의 한정·····························40
Ⅳ기타 공소제기의 효과·····················42
제2절 심판범위 관련 문제··························43
Ⅰ일죄의 일부에 대한 공소제기 ········43
Ⅱ포괄일죄의 일부에 대한 공소제기··45
Ⅲ공소장변경(심판대상의 변경)·········47
제3절 공소시효···········································73
Ⅰ공소시효의 의의와 본질·················73
Ⅱ공소시효의 기간·····························74
Ⅲ공소시효의 정지·····························80
Ⅳ공소시효 완성의 효과·····················86
Ⅴ공소시효 관련 특칙························86
PART 2 소송주체와 일반이론
제1장소송의 주체 90
제1절소송주체의 의의······························90
제2절 법원···················································91
Ⅰ법원의 의의와 종류························91
Ⅱ법원의 관할····································93
Ⅲ제척·기피·회피····························112
제3절 검사················································123
Ⅰ검사의 의의와 성격······················123
Ⅱ검사동일체의 원칙·······················124
Ⅲ법무부장관의 지휘·감독권···········125
Ⅳ검사의 소송법상 지위···················126
제4절 피고인·············································128
Ⅰ의의 및 특정·································128
Ⅱ피고인의 소송법상 지위···············135
Ⅲ진술거부권 ··································138
Ⅳ무죄추정의 원칙···························145
Ⅴ당사자능력과 소송능력 ···············151
제5절 변호인····································156
Ⅰ변호인 제도의 의의······················156
Ⅱ사선변호인 선임···························156
Ⅲ국선변호인 선정···························159
Ⅳ변호인의 지위와 권한···················170
제6절 기타······································· 174
Ⅰ 보조인 ········································174
Ⅱ 전문심리위원······························· 175
제2장 소송절차의 일반이론
제1절 소송절차의 기본구조······················· 177
Ⅰ 소송의 실체면과 절차면···············177
Ⅱ 소송절차 이분론···························178
제2절 소송행위········································· 179
Ⅰ 소송행위의 의의 및 종류··············179
Ⅱ 소송행위의 일반적 요소···············181
Ⅲ 소송행위에 대한 가치판단············186
제3절 소송서류와 송달····························· 195
Ⅰ 소송서류의 의의 및 종류··············195
Ⅱ 조서 ············································· 196
Ⅲ 소송서류의 송달···························201
Ⅳ 소송서류 열람·등사····················· 207
제4절 소송조건································ 211
Ⅰ 소송조건의 의의와 종류···············211
PART 3 공판
제1장 공판절차
제1절 공판절차의 기본원칙······················· 216
Ⅰ 공판절차의 의의···························216
Ⅱ 공판절차의 기본원칙···················· 217
제2절 공판정의 심리··························· 222
Ⅰ 공판정의 구성······························ 222
Ⅱ 소송지휘권···································228
Ⅲ 법정경찰권···································230
제3절 공판준비절차······························231
Ⅰ 공판준비절차의 의의···················· 231
Ⅱ 공판기일 전의 절차······················ 232
제4절 공판기일의 절차························ 245
Ⅰ 모두절차······································ 245
Ⅱ 사실심리절차······························· 246
Ⅲ 판결선고절차······························· 257
제5절 증인신문·검증·감정···················· 259
Ⅰ 증인신문······································ 259
Ⅱ 검증 ·········································· 284
Ⅲ 감정·통역·번역 ···························· 286
Ⅳ 공무소 등에의 조회······················ 289
제6절 공판절차의 특수문제················· 290
Ⅰ 간이공판절차······························ 290
Ⅱ 공판절차의 정지와 갱신···············297
Ⅲ 변론의 병합·분리·재개················301
제7절 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
제2장 재판
제1절 재판의 기본개념························ 322
Ⅰ 재판의 의의와 종류······················ 322
Ⅱ 재판의 성립 및 방식····················· 325
제2절 재판의 확정과 효력··················· 330
Ⅰ 재판의 확정··································330
Ⅱ 재판확정의 효력···························331
Ⅲ 기판력 ·········································· 333
제3절 종국재판······································343
Ⅰ유죄판결······································343
Ⅱ무죄판결······································350
Ⅲ관할위반의 판결···························352
Ⅳ공소기각의 재판···························353
Ⅴ면소판결······································356
Ⅵ종국재판의 부수효과····················358
제4절 소송비용··································360
Ⅰ의의 ············································360
Ⅱ소송비용의 부담자·······················360
Ⅲ소송비용 부담 절차······················361
PART 4 상소 및 기타 절차
제1장 상소 364
제1절 상소 일반·································364
Ⅰ상소의 의의 및 종류·····················364
Ⅱ상소권··········································365
Ⅲ상소의 이익··································371
Ⅳ상소의 제기와 포기·취하·············373
Ⅴ일부 상소·····································377
Ⅵ불이익변경 금지의 원칙···············383
Ⅶ파기판결의 구속력·······················397
제2절 항소·········································399
Ⅰ항소심의 의의······························399
Ⅱ항소심의 구조······························399
Ⅲ항소이유······································401
Ⅳ항소심 절차··································403
제3절 상고·········································415
Ⅰ상고의 의의 및 구조·····················415
Ⅱ상고이유(제383조)······················416
Ⅲ상고심의 절차······························418
Ⅳ비약적 상고··································423
Ⅴ상고심 판결의 정정······················424
제4절 항고·········································425
Ⅰ항고의 의의 및 종류·····················425
Ⅱ항고심의 절차······························427
Ⅲ준항고··········································429
제2장비상구제절차 433
제1절 재심·········································433
Ⅰ재심의 의의 및 대상·····················433
Ⅱ재심사유(제420조) ·····················436
Ⅲ재심개시절차·······························444
Ⅳ재심심판절차·······························449
제2절 비상상고········································453
Ⅰ의의·············································453
Ⅱ비상상고 대상과 이유···················453
Ⅲ비상상고의 절차···························455
제3장특별형사절차 458
제1절 약식절차··································458
Ⅰ의의·············································458
Ⅱ약식명령의 청구···························458
Ⅲ약식절차의 심판···························460
Ⅳ정식재판의 청구···························462
제2절 즉결심판절차·························· 466
Ⅰ 의의 ········································ 466
Ⅱ 즉결심판의 청구···························467
Ⅲ 즉결심판청구사건의 심리············· 469
Ⅳ 즉결심판청구사건의 재판············· 471
Ⅴ 정식재판의 청구···························473
제3절 소년에 대한 형사절차················· 476
Ⅰ 의의 ············································· 476
Ⅱ 사건의 송치··································477
Ⅲ 소년형사절차의 특칙···················· 478
Ⅳ 소년보호사건 ······························ 483
제4절 배상명령과 범죄피해자 보호········· 484
Ⅰ 범죄피해자의 형사소송절차상 지위· 484
Ⅱ 범죄피해자 구조제도···················· 484
Ⅲ 배상명령······································ 487
제4장 재판의 집행과 보상
제1절 재판의 집행····························· 492
Ⅰ 의의 및 일반원칙··························492
Ⅱ 형의 집행 ································· 494
Ⅲ 재판집행에 대한 구제···················500
제2절 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
제1장 형사소송법의 기초 512
제1절 형사소송법의 의의와 성격··············· 512
Ⅰ 의의 ············································· 512
Ⅱ 성격 ············································· 513
제2절 형사소송법의 법원과 적용범위·······514
Ⅰ 형사소송법의 법원(法源)··············514
Ⅱ 형사소송법의 적용범위················ 520
제2장 형사소송법의 이념과 구조
제1절 형사소송법의 지도이념··················· 525
Ⅰ 형사소송법의 이념과 상호관계·····525
Ⅱ 실체적 진실주의···························526
Ⅲ 적정절차의 원칙 ··························529
Ⅳ 신속한 재판의 원칙······················ 534
제2절 형사소송의 기본구조····················· 538
Ⅰ 소송구조론···································538
Ⅱ 직권주의와 당사자주의················ 540
부록 보충판례 525
제1장 공소제기······································· 546
제2장 소송주체와 일반이론····················550
제3장 공판·············································· 552
제4장 상소 및 기타절차·························· 555
해당 교재로 수강중인 강좌
배송/교환/환불