I Became a Law School Genius – 111
by Jessie@AFNCC
I Became a Genius Law School Student Episode 111
“There is too much useless information.”
I pulled out the witness statement from the first trial record.
“First of all with this guy Lee Eul-nam who was a passenger.”
He also pointed to a section of the suspect’s statement.
“Why is there a story about going to a class reunion and drinking alcohol?”
“Why is that?”
“It’s useless information. Kim Gap-dong himself did not drink alcohol.”
“…uh.”
After hearing it I saw it. Hanseol opened his eyes wide.
“Of course it is not strange for records to include testimony about the circumstances before and after the incident. “Because it serves as a material for judging the probative power of a statement that is its credibility.”
There are more cases than you might think where context is directly linked to crime.
For example the defendant bought a kitchen knife at a store before stabbing the victim. After losing a lot of money at a gambling house he raided a passerby and robbed him.
In this case the context is helpful in revealing more clearly the cause and effect leading up to the crime or in uncovering the defendant’s motive and habit of committing the crime.
“But not in this case.”
I went to the class reunion. It was a drinking party. My friend Lee Eul-nam was drunk and drove with me in the back.
This information had literally nothing to do with the traffic accident in question.
This means that the judgment on the nature of the crime does not change at all even when compared to the case where Kim Gap-dong drove his car alone.
At least it would have been understandable if Kim Gap-dong himself had been drinking.
If that were the case driving itself would be considered a drunk driving crime and hitting someone while drunk driving would be punished as a ‘dangerous driving causing death’ rather than a violation of the Special Act on Traffic Accidents (death).
Article 3 of the Special Act on Traffic Accidents (Special Provisions for Punishment)
① If the driver of a car commits a crime under Article 268 of the Criminal Act due to a traffic accident he or she shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 20 million won.
Article 5-11 of the Act on the Aggravated Punishment etc. of Specific Crimes (Fatal Injuries such as Dangerous Driving)
① A person who causes injury to another person by driving a car while unable to drive normally due to the influence of alcohol or drugs shall be punished by imprisonment for not less than 1 year but not more than 15 years or a fine of not less than 10 million won but not more than 30 million won and death. A person who causes this is subject to imprisonment for life or more than three years.
It becomes essential information as the components and names of crimes change. It meant that the reasons stated in the records could be understood.
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“Kim Gap-dong didn’t drink alcohol. There are no records showing that Lee Eul-nam riding in the back had any influence on the accident. Rather according to the testimony Lee Eul-nam was sleeping in the backseat the entire time and barely woke up due to the shock of the accident.”
There is no connection between the determination of negligence and the information given.
Even in actual trials applications for witness testimony and evidence unrelated to the case are easily dismissed by the judge.
This is because judges are not idle enough to look at such things.
“Then why on earth is this story included?”
“So um. What is it…”
If you do not properly address this issue you will definitely end up at a wrong crossroads.
I had an intuition that was close to being certain that this was the case.
“What if it’s not useless information?”
As I was thinking about it Hanseol suddenly said something.
“what?”
“You always said that. “No elements that are unnecessary for legal issues are included.”
“That’s right… hmm?”
In a law exam there is no unnecessary content in the questions.
Even in a one-page case study every single sentence contains an issue.
If so shouldn’t we think that each and every page of a record containing dozens of pages contains some kind of ‘meaning’?
If this background information has any meaning.
The moment my thoughts reached that point something flashed and passed through my mind.
“Yeah that’s it.”
I jumped up from my seat.
“Did you find out something?”
“maybe.”
I rummaged through the evidence documents with urgent hands.
“He falsely stated that he had seen something he did not actually see. Principle of trust. And the existence of a companion whose reason for being described is unknown….”
Information is pieced together one after another in my head.
“If you think about all of this the answer to this problem is probably….”
* * *
“I will choose the defense attorney.”
“That’s surprising.”
When I reported my choice of position in front of the judge Sol-Hwi Kwon spoke to me as if he was interested.
“I thought Park Yoo-seung would choose the prosecutor’s side like he always does.”
“I thought this might be the right one this time.”
“Are you also going to insist on the principle of trust?”
“I don’t know about that.”
When I blurted out my answer Kwon Sol-hwi did not ask any more questions.
“I’m sorry. Before a contest you ask about your opponent’s hand. “I was curious about Park Yoo-seung’s judgment so I made a mistake.”
“no. “Even to the point of saying ‘wow.’”
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“Anyway Mr. Park Yoo-seung you are choosing to be a lawyer?”
After uttering the words of apology he added:
“Then can I choose the prosecutor’s side?”
It was a look full of confidence. Perhaps Sol-Hwi Kwon also concluded that the defendant lied.
If I were to insist on the principle of trust I would be willing to break it based on this.
However the reason I chose the defense team was not because of the principle of trust.
If I am correct the essence of this incident is something completely different from that.
‘okay. Probably completely different…’
“Then Korea University Law School is the defense attorney. Cheonmadae Law School is on the prosecution side. Are you okay with this?”
A confirmation question came from the judge’s seat. There was no objection. Sol-Hwi Kwon and I returned to the waiting room with our respective team members.
“The number of issues is small.”
I explained to both people.
“It means there isn’t much to write about. Rather there is a high possibility that the newly discovered evidence there will become the core of the case.”
“then?”
When I pointed to the VR device Hanseol tilted his head.
“This time we’re all going in together. “So that we can cross-verify the situation and exchange opinions right away if anything comes to mind.”
A total of 3 VR devices are assigned to each team. Because it supports multiplayer it is possible for three people to access the same simulation at the same time.
“Oh yeah.”
Thanks to this Iharu was excited. After inputting his share of data into the program he ran to the VR device and got on it like a puppy on its first snow day.
“If I make a lot of money I should make one too.”
It was strange that it was ‘I had to make it’ rather than ‘I had to buy it’.
He was just sitting around in law school so it wasn’t completely nonsense since he was a guy with a natural talent for programming and engineering.
“Let’s go too.”
Hanseol and I each got on the device and put helmet-shaped gear on our heads.
Then the scene of the waiting room disappeared from view and the lawyer’s office appeared in virtual reality. This time perhaps because it was the defense team the starting point was set up differently.
Of course that wasn’t the only thing that changed.
“They all look the same.”
“I know.”
In front of me there were two black human figures with no eyes nose or mouth who looked like half-made statues.
Of course what’s in it are Lee Ha-ru and Hanseol. However since they both looked the same it was hard to tell who was who.
Perhaps I too am in the same situation.
“I guess you were trying to save resources?”
Lee Ha-ru added a professional explanation about modeling and data but as someone who majored in liberal arts I couldn’t understand it at all. I gave it a rough try and took a step forward.
“The first thing that needs to be verified is of course the defendant Kim Gap-dong’s statement.”
Were you able to see the pedestrian traffic lights when driving Lee Eul-nam’s vehicle at the accident site?
The method is simple. You can call up the same model as Lee Eul-nam’s car and drive it for yourself. I did not praise the simulation for its high level of completion for nothing. This level of verification is naturally designed to be possible.
[Accident site – Move to intersection 00.]
“oh.”
“It moves like this. amazing.”
As soon as they were teleported to the scene the two people burst out in admiration.
‘Come to think of it this must be the first time they move like this.’
There was no teleportation function in the practice simulation so it was surprising.
“now. This is not the time to be distracted. “Quickly from verification.”
[Object downloading.]
[Alien Lee Eul-nam’s car]
[Download progress: 100%]
The car in question appears with a series of instructions.
“No this is….”
After seeing the car I sighed softly.
“why?”
“No no. I’ll explain in a bit. “Let’s check the statement first.”
We moved the vehicle to the accident site opened the door and got in.
“I can’t see it from the driver’s seat.”
Han Seol’s voice came out from the black avatar sitting in the driver’s seat.
“Can’t you see it at all?”
“huh. Not at any angle. Because it was night the light may be slightly blurred but I don’t think it’s enough to say ‘I saw it clearly.’”
“also.”
I nodded.
“I thought so.”
It had to be that way. Until I saw the statement it was just a suspicion but the moment I saw Lee Eul-nam’s car in person I realized the full story of the incident.
“In the first place the defendant Kim Gap-dong… has probably never driven this car.”
Haru and Hanseol paused at my words.
“What is it?”
“Huh? “What does that mean?”
“Recall the affidavit.”
– 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.
What I was suspicious of in this statement was the part where Kim Gap-dong ‘saw’ the pedestrian traffic light. Kwon Sol-hwi who was writing a letter in the waiting room on the other side must have noticed this by now.
But there wasn’t just one lie.
“Kim Gap-dong said he drove with the gear all the way up.”
I pointed to the driver’s seat where Hanseol’s avatar was sitting.
“But this car… it’s an electric car.”
“!”
Electric vehicles do not have gear shifting.
Therefore Kim Gap-dong’s statement that he had raised the gear was an outright lie.
“I’m not lying and saying I saw something I didn’t see. “Kim Gap-dong has never driven this car in the first place.”
Since I’ve never driven an electric car I didn’t even know that gear shifting was unnecessary. That’s why they picked up as many lies as they could and ended up with loopholes like this.
‘Actually I could have noticed it sooner.’
Of course Lee Eul-nam’s car which they were riding in at the time of the accident was also listed in the evidence list. Even the specific model name.
If I had been more knowledgeable about cars I could have recognized the problem right away without the need for verification.
But I couldn’t do that. This is because I was so poor in my previous life that I couldn’t afford to be interested in things like cars.
I knew from what I had picked up that electric cars don’t have gear shifting. However they did not have enough knowledge to know whether it was an electric car just by looking at the model name.
What gave me confidence was the moment I saw Lee Eul-nam’s car in person.
“That’s why you lamented.”
“that’s right.”
“…Huh? “Wait a minute.”
Haru intervened.
“Kim Gap-dong was not a driver. “That’s okay.”
Then the focus of the problem shifts elsewhere.
“So… who drove this car?”
“Well whatever. “It’s obvious.”
You can think of it as an elimination method.
Two people were in the car at the time of the accident.
If one person is not the driver then of course there is only one correct answer left.
“Lee Eul-nam was drinking alcohol and sleeping in the backseat.”
I calmly revealed the truth of this incident.
“That guy is the real driver who caused the accident.”
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