I Became a Law School Genius – 112
by Jessie@AFNCC
I Became a Genius Law School Student Episode 112
The contest has resumed.
Unlike the previous rounds by the semifinals the number of spectators who had gathered to watch the trial was quite large.
‘It’s rare for a real trial to be this full.’
When I saw that the audience was full I smiled bitterly.
I don’t feel any pressure or tension just because there are a lot of people watching. Would a person who dreams of becoming a lawyer be scared in front of this many people?
“We will resume the contest.”
With the judge’s now-familiar guidance message it was the prosecutor’s turn to make a full statement.
‘Something feels awkward.’
Since I have mostly chosen the prosecutor’s side it was quite a refreshing experience to hear the other side’s full statement.
Kwon Sol-hwi who played the role of prosecutor stood up.
“…Therefore we assert that the defendant should be punished for causing death in violation of the Special Act on Traffic Accidents and for violating the Road Traffic Act.”
The latter offense of violating the Road Traffic Act was for damaging a signboard by hitting it with a car that is causing damage through professional negligence.
Professional negligence damage is after all a name for Kang Haksang.
Most of the crimes stipulated in the criminal law and the Road Traffic Act are listed as such.
“pleader. Do you acknowledge the facts of the indictment?”
“I don’t admit it.”
It was a question with a definite answer. I chose my words carefully to answer.
“The defendant… has not committed any of the crimes ‘claimed by the prosecutor.’”
“Whoa.”
Kwon Sol-hwi’s expression became strange.
“great. Mr. Park Yoo-seung. “I don’t know what you’re thinking but… let’s give it a try.”
It was what I hoped for.
Next it was time for the list of evidence requested by the prosecutor to be distributed.
There were no significant changes from the list attached to the original record.
I agreed to use all the evidence as there were no problems with the few additions.
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“Are you sure you agree to the suspect interrogation report as evidence?”
“yes. you’re right.”
The corners of Kwon Sol-hwi’s mouth rose as he answered the question.
‘I know this guy too. The defendant’s statement is a lie.’
It was indeed a great observation.
As soon as I read the statement I thought of the principle of trust looked for a way to deny it and uncovered Kim Gap-dong’s lie.
As expected Sol-Hwi Kwon was talented enough to lead the team all the way to the semifinals.
‘But that alone is not enough.’
In order to realize the truth of this incident we must take one step forward.
“There will be an evidence investigation procedure for the evidence requested by the prosecutor.”
With the judge’s guidance Kwon Sol-hwi got straight to the point.
“We present as evidence the suspect interrogation report containing the defendant’s statement.”
It was a confident voice.
“The defendant testified that ‘he clearly saw a red light’ at the time of the accident. This can be seen as asserting the principle of trust. “Since you followed the traffic rules there is no need to take responsibility for the victims who did not follow them.”
After clearly pointing out the issue.
“But that’s a lie.”
Based on this we develop our argument.
A team member sitting next to Sol-Hwi Kwon supplemented.
“Evidence list number 3. Please look at the video taken from the suspect’s vehicle.”
An employee who was waiting broadcasted a video to the wall.
The screen in the video showed the scene of the accident where night had fallen.
There was a pedestrian traffic light erected at the edge of the dark field of vision but it was not easy to see its color.
This was especially true because the electronic display board erected across the street was emitting a colorful neon sign.
“As you can see the scene at the time was in a state where it was difficult for drivers to visually check the light of the pedestrian traffic light. “It’s even more difficult to identify because of the electronic display.”
In other words Kim Gap-dong’s claim that he clearly saw the red light with his own eyes is false.
It was a moment when Sol-Hwi Kwon’s argument gained strength.
“oh….”
The audience’s reaction was also quite positive.
“Is the level high?”
“Sure. It takes a lot of effort to clearly point out the issues find the necessary evidence and break down the grounds for exemption. “Local history cannot be ignored.”
“More than that don’t you think that virtual reality simulation was made very well? “Which company is it from?”
Some people admired Sol-Hwi Kwon while others had their eyes set on the VR equipment provided for the competition.
If nothing else the sponsoring company must have made an impression on many people through this legal argument contest.
Of course we couldn’t let this warm atmosphere continue.
“That is an accurate point.”
I stood up to have the opportunity to speak.
“As pointed out by the prosecutor the defendant lied. but.”
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It reveals only part of the truth.
“That’s not the defendant’s only lie.”
“…yes?”
For the first time Kwon Sol-hwi’s relaxed expression slightly wavered.
“Shall we talk outside of our roles for a moment?”
I looked around the audience and continued speaking.
“We are law school students. Every day you have to read an absurd amount of text grasp the key points and pick out only the issues that appear on the answer sheet. It is no exaggeration to say that I spend my time training for just that every day.”
“The defense side. “Does that have anything to do with this trial?”
“Of course I do.”
Despite the judge’s restraint I nodded confidently.
“Our thinking is geared toward distilling issues. We are conditioned to focus on areas where there is a dispute over the application of legal principles. “It’s definitely efficient but a filter that’s too powerful sometimes filters out things that shouldn’t be filtered out.”
This incident was created to exploit that loophole.
“There was a lot of unnecessary information in the record. You might have read it carefully at first but you would soon feel lost. no. “It has nothing to do with the issue of the case.”
“It was definitely like that but….”
Sol-Hwi Kwon shakily expressed his agreement.
“Actually we were like that too. “After such a long conversation about drinking and companionship didn’t the defendant actually drive with his own will in a sober mind?”
Drinking is not an issue. Lee Eul-nam is said to have been sleeping peacefully in the backseat so there is no room to consider whether he was an accomplice.
It’s not worth the effort to read it.
“For that reason our consciousness naturally had no choice but to focus on the part of the traffic light that seemed to be related to the ‘principle of trust.’”
In fact the defendant’s lies were actually behind it.
The moment I found it it was inevitable that I would be satisfied and think “Ah this is the right answer.”
“But… what really mattered was what lay beyond.”
“Beyond that?”
Kwon Sol-hwi was embarrassed and asked again.
“What do you mean by that?”
“This is the part.”
I pointed to a certain point in the suspect’s interrogation report.
“’I was driving in full gear.’ “Here.”
“What the heck… oh no!”
“You noticed.”
I added to Kwon Sol-hwi whose eyes were wide with shock.
“The defendant was driving at the time of the accident. The vehicle of Lee Eul-nam an alienated person who is ‘known’ to have driven it is presented as evidence. “It’s evidence number 7.”
The image on the wall changes once again. What was now revealed was a passenger car with a sophisticated design.
At the same time a murmur erupted from the audience.
“That’s an electric car!”
“It’s a model without shifting gears. That means… no way.”
It was the reaction I expected.
“you’re right. Many models of electric vehicles do not have manual transmission gears. From what I heard this is because sufficient acceleration and deceleration can be achieved with just a single gear.”
But didn’t defendant Kim Gap-dong describe the operation of the gear?
It was such an obvious lie.
“yes. It’s a lie. It’s not just about insisting that you saw something you couldn’t see in order to avoid sin. “Kim Gap-dong… never drove Lee Eul-nam’s vehicle in the first place.”
“…!”
Kwon Sol-hwi opened his mouth speechless.
But it didn’t end here.
“Submit evidence.”
Lee Haru stepped in to provide support.
“Number 13. “An appraisal request circular that examined the interior of the car body.”
The video included an image of the document enlarged so that anyone could see it. The most important part was written like this:
– Identification results of the vehicle steering wheel part
– There was only one type of fingerprint detected and it did not match the defendant’s fingerprint.
– All fingerprints matching the defendant were detected in the back seat.
“As you can see there was not a single fingerprint of the defendant on the vehicle. Rather the part where the defendant’s fingerprints were found within the car body was the rear seat handle.”
“I submit supporting evidence. “Please display evidence number 17.”
This time it was Han Seol’s turn.
“This is also an appraisal request circular. “It states that the model and size of the shoes the defendant was wearing at the time match the footprints found in the backseat.”
Kim Gap-dong doesn’t even know how to drive the vehicle that was involved in the accident.
Not a single one of his fingerprints was found on the steering wheel and on the contrary a large number of Kim Gap-dong’s shoe prints and fingerprints were found only in the back seat.
All of this evidence pointed to only one conclusion.
“The person sitting in the back seat is not the alienated Lee Eul-nam.”
I jumped into the flow and declared.
“The defendant is Kim Gap-dong.”
“Wait a minute what is that? “Wait a minute.”
Kwon Sol-hwi stuttered with a bewildered expression. A smart and excellent person would have slowly realized the truth of this incident.
“The defendant was actually sitting in the back seat? If that’s the case. “Then who was actually driving it… no way.”
“yes. you’re right.”
I confirmed his realization.
“There were only two people in the car.”
If it wasn’t Kim Gap-dong then of course the remaining one had to be the real driver.
“Lee Eul-nam an alienated person who was recorded as sleeping in the back seat… He is the real driver and the true culprit who will bear the guilt of this crime.”
In the first place the principle of trust or anything like that wasn’t even an important issue.
In this case the crime to be applied is completely overturned.
“Lee Eul-nam was drunk. If you look at the measurement records you will be able to confirm that the blood alcohol concentration was over 0.2%. Therefore rather than the ‘crime of causing death due to violation of the Special Act on Traffic Accidents’ the ‘crime of drunk driving’ and ‘crime of causing death by dangerous driving’ should be applied to him.”
Naturally Kim Gap-dong’s guilt also changes into something completely different.
“The defendant made it difficult to discover the truth by falsely confessing and appearing in court. Therefore he must be re-indicted on charges such as ‘obstruction of official duties by hierarchy’ ‘criminal escape’ and ‘destruction of evidence.’”
In principle a criminal trial must judge the facts of the crime indicted by the prosecutor.
If the defendant’s crime is found to be completely different a ruling cannot be made on the changed crime at this trial.
“It means that in order to reveal the truth… the defendant must be acquitted in this trial.”
It is not a defense to alleviate or conceal the defendant’s guilt.
Rather in order to make the person pay the true price they must be declared not guilty.
In front of that paradox the crowd became quiet.
“That’s it.”
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