2023 상반기 형사소송법 최신판례정리
도서명:2023 상반기 형사소송법 최신판례정리
저자/출판사:신호진/문형사
쪽수:35쪽
출판일:2023-07-06
ISBN:9791166871320
목차
…… 형 사 소 송 법 ……
[1] 대물적 강제수사······························································································· 3
1. 「통신비밀보호법」상 전기통신 감청의 의미 (大判 2022도9877)································· 3
2. 수사기관의 영장 없는 사진촬영의 적법성 (大判 2018도8161)·································· 5
[2] 공소제기의 방식······························································································· 7
3. 공소사실 중 범죄의 ‘일시’의 기재 정도 (大判 2022도8257)····································· 7
[3] 공소시효·········································································································· 8
4. 공소제기 후 형사처분을 면할 목적으로 국외에 있는 경우 (大判 2020도13547)·········· 8
5. 형사소송법 제253조 제3항의 ‘형사처분을 면할 목적’의 의미 (大判 2019도5925)······· 9
[4] 공판심리의 범위······························································································ 11
6. 공소장변경의 필요성이 없음에도 공소장을 변경한 경우 (大判 2022도10564)··········· 11
[5] 증거조사와 강제처분························································································ 12
7. 구속집행정지의 조건으로서 전자장치의 부착 여부 (大決 2022모1799)···················· 12
[6] 증명의 기본원칙······························································································ 14
8. 증명력의 판단방법 (大判 2022도11245, 2022보도52)··········································· 14
9. 성폭력 피해자의 진술의 증명력 판단방법 등 (大判 2020도11185)·························· 16
[7] 전문법칙········································································································ 18
10. 공사사실 중 범죄 ‘일시’ 특정의 정도 및 검찰 피의자신문조서의 증거능력 (大判 2023도2102)··············································································································· 18
11. 수사과정에서 작성한 진술서의 증거능력 (大判 2022도9510)································ 20
12. 세무공무원이 작성한 범칙혐의자심문조서의 증거능력 (大判 2022도8824)·············· 22
[8] 상소의 일반이론······························································································ 24
13. 상소권회복청구의 적법성 (大決 2023모350)······················································· 24
14. 집행유예취소결정에 대한 즉시항고권회복청구에 재소자 특칙의 적용여부 (大決 2022모1004)·················································································································· 25
[9] 항 소············································································································· 26
15. 항소심에서의 피고인 불출석 재판의 요건 (大判 2022도7940)······························· 26
16. 증언의 신빙성 판단이 제1심과 항소심이 다른 경우 (大判 2022도14645)··············· 27
[10] 상 고··········································································································· 29
17. 상고이유서를 제출해야 하는 자 (大決 2022도16568)·········································· 29
[11] 항 고··········································································································· 30
18. 준항고 대상을 특정하기 어려운 경우 법원이 취해야 할 조치 (大決 2022모1566)··· 30
[12]****식절차······································································································ 32
19. 정식재판청구와 정식재판청구권회복청구의 적법요건 (大決 2022모1872)················ 32
[13] 형사보상과 명예회복······················································································ 34
20. 공소기각결정에 대한 형사보상청구기간 (大決 2020모627)··································· 34
