I Became a Law School Genius – 108



I Became a Genius Law School Student Episode 110

Round 2.

“… Therefore it must be seen that the defendant had the possibility of foreseeing the robbery of his accomplice. “You will not be able to escape the guilt of robbery.”

Round 3.

“According to this document Lee Eul-nam is not just a third party but an agent of the defendant. Therefore the defendant is guilty of bribery not third-party bribery.”

We went up at a furious pace. Of course the opponents they faced in the finals were each and every one of them were high-level strong opponents but they were not so strong that they could not be defeated.

“Now there are four teams left.”

It’s already the 4th round so we’re approaching the semifinals. Hanseol received the bracket and checked his next opponent.

“This time… Ah it’s the Cheonmadae.”

“We finally met.”

By the semifinals only the real of the real were left.

Cheonmadae Law School is a group of veteran mercenaries who have experienced all kinds of hardships. It was naturally expected that they would rise to the top as they have a much longer resume and solid internal skills than ordinary law school students.

‘Hwang Seung-soo also appeared as in the original.’

On the other side was the Yonhee University Law School national team led by Hwang Seung-su. If we make it to the finals we’ll probably face them.

But that was only when we defeated the Cheonmadae national team. First of all we had to somehow defeat the powerful enemy we faced.

“It would be meaningless to go into a legal battle.”

I shook my head.

“If we can think of legal precedents that we can research those people will definitely know. “This is not an opponent you can compete with based on knowledge.”

“Then what should I do?”

“We have to decide with evidence. “Just like in the first round.”

Since they are veterans with a long history of studying it is difficult to make a difference in the basic aspects. In that case there is no choice but to look at the newly introduced elements.

No matter how long they have been studying law they probably haven’t had the experience of finding evidence and discovering the core of the correct answer in virtual reality.

If you are someone whose strength is experience you have to bring them to an unfamiliar stage and beat them.

“Then you can take a break from studying?”

“That’s not true. “You have to brush up on the basics so you can have time to play with VR devices.”

In the meantime Lee Ha-ru tried a trick but it was a no-brainer.

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Go through the basic book again and organize the materials. During my waking hours I had to continuously push information into my head and sharpen my senses.

After such a fulfilling time Friday the day of the semifinals finally arrived.

As we moved to the waiting room someone spoke to us.

“This is Park Yoo-seung of Korea University. 2 I was impressed by the 3rd round match.”

A man with a dark beard who appeared to be in his early to mid 30s was reaching out to shake my hand.

“This is Kwon Sol-hwi the Cheonmadae team leader. Let’s have a good fight with each other.”

“…i look forward to.”

I was embarrassed to receive a polite greeting after seeing people who argued and ignored me and were infatuated with their own tastes.

‘How can it be said that the more deeply experienced people are the more sane their attitude is?’

It is said that the more rice ripens the more it bows its head. Looking at the face value this man named Kwon Sol-hwi would also have been someone who had studied for several years.

“I came here after taking the court administration exam.”

Kwon Sol-hwi nodded.

“I somehow passed the second test but I had a hard time at the interview so I decided to change my career path to law school.”

“no. “You were a great expert.”

When I heard that I couldn’t help but be amazed.

At that time the second exam of the Court Administration Exam took only 1.3 times the number of final successful applicants. Like the bar exam passing the second round is not the final score but it was clear that he was a very capable person.

“Haha you’re an expert. “It’s just embarrassing to hear such words from someone like Park Yoo-seung.”

Plus he’s humble.

It occurred to me that it had been a very long time since I had competed against someone with impeccable character.

* * *

Of course feeling human kindness toward the other person and being sincere in the confrontation are completely different issues.

“From now on we will begin the criminal semifinals of the Jain Court Argument Competition.”

Rather the more serious it is the more serious it is to do your best. I did that out of respect for his capabilities and experience.

He was also an opponent so great that it was impossible to beat him if he didn’t fight hard in the first place.

“Participants on both sides will now have 30 minutes to review the records distributed and decide their desired position.”

Now the familiar procedure has begun.

[problem]

Review the police and prosecution investigation records and the first criminal trial record and formulate an argument as follows regarding the criminal facts of the suspect Kim Gap-dong recorded in the lawsuit record (if necessary collect additional evidence from the virtual reality experience device and request evidence and evidence) In this case all collected evidence will be considered as evidence.

1) If you choose the defense team’s position present the logic for seeking a verdict of not guilty and dismissal of the indictment or a ruling that avoids imprisonment even if you are found guilty.

2) If you choose the prosecutor’s position present the logic for seeking a guilty verdict.

“There is no change in the format of the problem.”

When we returned to the waiting room we put our heads together and checked the question paper.

After skimming the first page I dismissed it and checked the following.

“Let’s look at the crime first.”

[Crime facts]

go. Suspect Kim Gap-dong

(1) Violation of the Special Act on Traffic Accidents (death)

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(2) Business negligence damage

“It looks like this defendant had an accident while driving his car.”

Looking at the crime I had a vague idea.

“I was driving my car and hit someone. “If that’s not enough they’ll stick it somewhere and break things… I guess that’s the agenda?”

“For now it looks like that.”

Hanseol agreed with my diagnosis.

Violation of the Special Act on Traffic Accidents (Causing Death) is a crime committed when a person negligently hits and kills a person while driving a car.

Work-related negligence damage is also a crime that is not in the criminal law but only in the Road Traffic Act. This occurs when a driver destroys someone else’s property through carelessness or negligence.

For law students prejudice is a sin. However it is better to read the problem with some rough sketch. Ultimately the types of issues that can arise depending on the crime are determined to some extent.

If the issues I predicted come out the same that’s fine. Even in cases where this is not the case it can help you quickly move on to new ideas. This process of anticipation was necessary as time was already short on the issue of handling case records.

The details of the actual incident were similar to what was predicted.

– Kim Gap-dong attended the Mo-wol reunion.

– At the time Kim Gap-dong did not drink alcohol because he was taking strong cold medicine and his old friend Lee Eul-nam and other classmates all drank until they were drunk.

– Kim Gap-dong had no choice but to put him in Lee Eul-nam’s car and drive home instead of Lee Eul-nam.

– Meanwhile Victim A was hit by his car at the 00 intersection and he was startled by the impact and took a sudden acceleration colliding with and damaging the signboard of the 00 restaurant that was erected nearby.

The outline I understood from the indictment facts and evidence was roughly like that.

“What are the arguments of the applicant and his lawyer?”

“To summarize there are two.”

Hanseol folded his fingers to answer my question.

“One is… the claim that A was unable to avoid the pedestrian traffic light because it suddenly jumped out even though it was red.”

“Does that claim the ‘principle of trust’?”

“I think so.”

Principle of trust.

This is the principle applied when determining fault in a traffic accident.

The basic definition is expressed in the sentence ‘A person who complies with the traffic rules himself can trust that others will also comply with the traffic rules.’

Being able to trust means that you will not be held responsible if a situation arises that betrays that trust. Specifically it refers to a situation where the other party does not follow traffic rules.

What if I’m driving in my lane but suddenly a vehicle on the other side crosses the center line and drives erratically?

Even if an accident occurs because I couldn’t avoid it it wouldn’t be my ‘responsibility’.

The same goes for pedestrians.

I was clearly driving normally but if a pedestrian suddenly jumps out and did not obey a traffic light even if an accident occurs manslaughter is not considered due to occupational negligence.

That was exactly the point that the defendant and defense attorney were aiming for.

“What about the evidence? Was something like black box video included in the evidence list?”

“doesn’t exist. “I think it was damaged by the impact of the accident.”

“No CCTV?”

“In the list of submitted evidence.”

“I’m going to be amazed. “Let’s look at the suspect’s statement first.”

If there is a problem but there is no evidence you can investigate it later in virtual reality.

More than that there was one part of the story Hanseol just told that subtly bothered me.

“Now here.”

I accepted the suspect interrogation report handed to me by Hanseol.

– Did the defendant hit victim A with his car at the 00 intersection?

– Yes that’s right. However it was not my fault or carelessness. At that time I was driving my drunk friend Lee Eul-nam’s car instead. I needed to get back quickly so I was driving with the gear all the way up.

However A suddenly jumped out even though the traffic light was red so he was unable to dodge in time and ended up hitting A. I clearly saw it with my own eyes which was a red light.

– Is there any fact that the signboard of store 00 was hit and damaged by a car immediately after that?

– Yes there is. However it is too unfair to say that it was my fault because this also happened when I hit A and the car body shook due to the impact and I was unable to drive properly.

…(syncopation)…

“This is strange.”

“huh? what?”

“It’s just a guess but this statement is probably a lie.”

“Why?”

I pointed to the part in the suspect’s statement that mentioned ‘red light’.

“Kim Gap-dong is a driver. “If you were driving normally and wanted to claim that it was unfair because A popped out wouldn’t you say the color of the traffic light you would normally have been seeing?”

That means.

“So… shouldn’t you have said ‘green light’? “When you think about it generally.”

“Huh? Is that so?”

There is no reason why vehicle drivers should be looking at pedestrian traffic lights.

If Kim Gap-dong had been paying attention to the front he would have said that the traffic light he was looking at was green.

Of course it is also possible to argue that since the traffic light I was looking at was green the pedestrian traffic light was naturally red.

But even in that case isn’t the expression ‘I clearly saw the red light’ a bit strange?

“but.”

After thinking for a moment Hanseol raised a counterargument.

“Wouldn’t we be able to conclude that it’s a lie just based on that? “Drivers don’t just stare at traffic lights all day so they might accidentally catch a pedestrian traffic light in their field of vision.”

“Of course.”

That’s why I added ‘I guess’ in front of it.

“Still I think there’s a good chance it’s a lie. “Pedestrian traffic lights are erected at right angles from the driver’s perspective so it is difficult to see them directly.”

The verification method is simple.

All you need to do is check the spot where the accident occurred and check whether the pedestrian traffic light is actually visible from the driver’s perspective when boarding the accident vehicle.

Considering the high level of completeness of the simulation used in this competition it must have been designed to sufficiently verify that level of verification.

“I see. So how do we decide our stance? “I’m thinking that the claim about the principle of trust is a lie so do you think the prosecution is right?”

“well.”

It is true that my intuition tells me that Kim Gap-dong’s statement is a lie. However the thought that that was not everything kept raising its head.

“There are more than one strange thing about this record.”