과목
- 형사법
[2020] 2021대비 형사기록 엑기스
- 박성현 저
- 학연
- 2020-06-29 발행
- ISBN 9791158245467
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교재특징
▶ 지금까지 강의자료로 활용하던 것을 다듬고 엮어서 핸드북 형식으로 출간
▶ 개정판에는 2019년 출제된 모의고사 및 2020년 변호사시험에 기출된 형사기록형 쟁점을 덧붙임
▶ 흩어져 있던 형법과 형사소송법 쟁점을 한데 묶어서 실제 기록에 어떻게 적용되는지, 그리고 기록 쟁점을 찾는 갖가지 요령들을 본 핸드북에 깨알같이 공개함
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교재목차
1. 기록 보는 순서 / point. 합리적인 예단!·········································· 1
2. 메모법·································································································· 2
3. 구체적인 검토····················································································· 3
가. 공소장······························································································ 3
나. 증거목록·························································································· 4
다. 제1회 공판조서················································································· 5
라. 제2회 공판조서················································································· 6
마. 수사기록·························································································· 6
4. 제325조 후단 무죄············································································· 8
가. 쟁점································································································· 8
나. 검토순서························································································· 10
다. 증거능력 없는 증거········································································· 11
라. 신빙성 탄핵···················································································· 16
5. 제325조 전단 무죄··········································································· 18
6. 면소···································································································· 41
가. 개관······························································································· 41
나. 확정판결이 존재하는 경우······························································· 41
다. 공소시효 완성················································································· 41
7. 공소기각판결 ··················································································· 43
가. 친고죄의 적법한 고소 여부····························································· 43
나. 친고죄ㆍ반의사불벌죄에 있어서 고소취소장 또는 처벌불원서의 제출 43
8. 이유무죄, 축소사실 경합 문제························································ 45
가. 이유무죄, 축소사실 면소(제3호) 경합의 경우··································· 45
나. 이유무죄, 축소사실 공소기각 경합의 경우······································· 45
9. 보석허가청구서(변시 8회 변형)······················································ 46
10. 기재례······························································································ 49
