I Became a Law School Genius – 105



I Became a Genius Law School Student Episode 106

“The prosecutor’s side. Could you please explain the claim you just made?”

I nodded to the judge’s question.

“Article 10 of the Criminal Act is an article that regulates the reasons for liability. “In the case of mental and physical loss we do not punish the offender but if the offender is mentally and physically weak the sentence can be reduced.”

However just because a person has a mental or physical disability this provision does not necessarily apply.

As with all principles there are exceptions to this provision.

“That is ‘free action in cause’… abbreviated as atomic action.”

Article 10 (Mental and Physical Disabilities)

① The acts of a person who is incapable of discriminating between objects or making decisions due to mental or physical disability shall not be punished.

②The punishment may be reduced for the acts of a person who has weak abilities as prescribed in the preceding paragraph due to mental or physical disability. <Amended 2018. 12. 18.>

This is the general clause stipulating responsibility for mental and physical disorders.

However Article 10 of the Criminal Act does not end here.

③The provisions of the preceding two paragraphs shall not apply to the acts of a person who foresees the occurrence of danger and voluntarily causes mental or physical disability.

“The reason why crimes committed in a state of mental and physical loss are not punished is because it is not an act of one’s own will. “I didn’t even have the ability to do that.”

This is what it means to have no responsibility.

“But what if you intentionally caused mental loss with the intention of committing a crime or knowing that you would commit a crime?”

In this case the story is a little different.

“For example let’s say there is a person who is very timid and weak-willed. He hated his neighbor so much that he wanted to kill him but he couldn’t bring himself to do it. So I drank alcohol believing that it would give me the ‘courage’ to kill my neighbors.”

And what if you actually broke into your neighbor’s house while drunk and succeeded in murdering him?

Is this person’s crime truly ‘irresponsible’?

Probably not. Didn’t he drink alcohol in the first place expecting to kill someone?

Even if the person was in a state of mental and physical loss at the time of the crime the person cannot be exempted from responsibility if the state was caused with the intention of murder.

This is no different from deciding to kill someone with a clear mind and carrying it out.

“I know about atomic energy. But what about that… ah!”

“Did you notice?”

I grinned.

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“Calculated back from the number of medications left the point at which the defendant stopped taking the treatment was on the 13th. However according to the expert’s testimony the defendant was sane for at least 14 days.”

That means.

“The defendant stopped taking the medication of his own volition. “With a sober mind.”

It’s not that my mental illness relapsed first which caused me to lose my temper and stop taking medication.

It’s the opposite.

Because I stopped taking the medication myself my mental illness recurred.

“Then what is the reason?”

Clues are scattered among the testimony that has poured in so far.

“one. “The defendant committed a riot in a closed ward in the past.”

When Kim Gap-dong develops the condition he suffers from auditory hallucinations and hallucinations which causes him to try to kill people he was close with.

I expressed it as a fact that anyone can know.

“That ‘who’… naturally includes the ‘defendant himself.’”

“…!”

“Then two. “A specialist’s testimony about what happened between the defendant and victim A.”

Once again I was reminded of the expert’s testimony. More specifically Kim Gap-dong’s own statement included therein.

– This is all because you are the patient.

– I just want to quit everything.

And a testimony about Kim Gap-dong’s usual personality.

– I tend to be somewhat timid and indecisive but these are just personality traits.

“If you put all of this together you come to one conclusion.

Why I brought all this evidence to court.

“The defendant had the intention to kill Miss A with the mentality of ‘I want to quit everything.’ However my weak personality held me back from deciding to put this into practice.”

It was all for this moment.

“Therefore the defendant stopped taking the treatment on his own. “Knowing that the symptoms of schizophrenia would recur and that in that state he would be able to murder Ms. A.”

The structure is completely the same as the example we heard to explain free action in terms of cause.

Drinking alcohol to gain the courage to kill someone.

In order to gain the courage to kill someone he intentionally quits his medication and relapses into mental illness falling into hallucinations and auditory hallucinations.

“In other words the defendant’s actions anticipated the occurrence of danger and caused a state of mental and physical disorder. It fits exactly the definition of ‘free action in cause.’”

If so there is only one conclusion.

“Therefore even if it is acknowledged that Kim Gap-dong was in a state of mental and physical loss at the time of the crime… it is impossible for him to be exempted from punishment for this reason.”

“That’s ridiculous!”

Ha Gyu-min slammed the desk.

“It’s speculation! All the evidence presented by the prosecutor is only indirect evidence. “It’s not proven that he stopped taking his medication with the intention of murder!”

It was almost like crying.

“Please present evidence that can clearly prove intent! Otherwise the defendant cannot be punished based on the original act…!”

“there is.”

“What?!”

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“I said there was. “Clearly provable evidence.”

In fact it was not impossible to admit intent only with indirect evidence and circumstances.

This is because unless the criminal confessed it himself it is entirely up to the judge to judge whether the crime was intentional after looking at the evidence.

‘If the carotid artery was stabbed the intent to commit murder is acknowledged.’

In a case where the only objectively revealed fact is that the criminal stabbed the victim in the neck with a knife. Anyone can predict that a fatal wound to the neck can lead to death.

This is a precedent that infers that there was intent to commit murder in that the stabbing occurred in that area.

If you ask my personal opinion I think the evidence I have presented so far is enough to acknowledge intent.

However there was no room for contention at all.

The possibility that the judge’s thoughts might go in a different direction could not be ruled out.

A more decisive card was needed to achieve a complete victory.

‘But I found it. A decisive card.’

“I submit the diary written by the defendant as evidence.”

“…Diary?”

A puzzled look flashed across Ha Gyu-min’s face.

“I guess there wasn’t anything special in the diary?”

In the records originally issued to us Kim Gap-dong’s diary was included in the evidence records.

However there was no special content. It just contains the emotions and thoughts of each day.

It was an item that I started using as part of treatment under the doctor’s instructions.

“I did.”

But the diary I am presenting now was not like that.

“This is the diary submitted in the first trial.”

“What is that…”

“Actually there was one more copy. “The defendant’s diary.”

“What!”

The moment I concluded that this incident was a free act in terms of cause.

I had a hunch that there would be solid evidence in virtual reality that could prove that fact.

And after searching Kim Gap-dong’s room again they were able to find the second diary.

When the court employee operated the remote control the video on the wall crackled and switched to another scene.

A storage room where various evidence is stored.

On the table in the middle of it was a diary with a purple cover.

“There are two diaries written by Kim Gap-dong. “One was to show to the doctor for counseling and the other was to write down inner feelings that could not be shared with anyone.”

I pointed to the video.

“Isn’t that right? When we were young we all probably wrote diaries and submitted homework to school. “You can’t write everything honestly in a diary that you can show to others.”

Ordinary stories are in the diary for submission.

Things you want to hide in a secret diary.

Isn’t this a common thing?

“Is it okay to submit evidence so suddenly?”

“It’s so sudden. “You wrote it down in the evidence list from the beginning and submitted it.”

“What…!”

Ha Gyu-min embarrassed checks the evidence list again.

And he rubbed his eyes in disbelief.

<List of evidence>

…

– Diary (written by Kim Gap-dong 20mmx12mm purple cover)

“The diary in the original evidence list was dark blue. What I added was purple. “It’s definitely different right?”

When creating the evidence list I removed the original diary and replaced it with the newly discovered diary.

The preparation time for this legal argument competition was extremely tight. This was especially true because it included an investigation part in virtual reality.

Of course I had to focus on the important information and quickly skim over the information that wasn’t.

There was no way I could remember things like the ‘color’ of evidence that wasn’t that important.

If the number of diaries listed in the evidence list had increased to two volumes one might have felt a sense of discomfort.

However because I had removed the original diary from the evidence list Ha Gyu-min did not notice any changes.

‘I think the judge noticed.’

“…I can’t admit it! “I will disagree with the evidence!”

Consent for evidence may be withdrawn until the evidence investigation process is completed. Therefore in a last-ditch effort Ha Gyu-min chose not to consent to the diary as evidence.

“this. “Have you forgotten?”

I clicked my tongue as if I was sorry.

“That’s what it said in the question.”

<All evidence collected from the virtual reality device is considered to have evidence.>

A motion to reject evidence applies to evidence that is not admissible.

In principle there are several conditions for using evidence obtained at the scene in a trial.

First you must go through a search and seizure process based on a legally issued warrant.

In addition because the diary corresponds to a statement containing the defendant’s statements it must meet separate requirements to prove its admissibility in accordance with the relevant provisions.

But wasn’t it written in the question? Evidence collected from virtual reality devices is considered admissible.

If so it would not even be subject to evidence disagreement in the first place.

“Ugh…!”

“If you have nothing more to say can I check the contents of your diary?”

The video that had stopped started moving again. The diary opened and the letters written in it were revealed.

– Today I am going to awaken the devil inside me.

– The moment I stop taking the medication that voice will take over me again. You will end up becoming a monster obsessed with the will to kill people.

– But it doesn’t matter. Miss A was my last hope. I don’t want to continue living with nothing left.

That is clear proof of murderous intent.

“…That’s it.”

In the courtroom which had already become quiet only my voice rang out softly.