I Became a Law School Genius – 113
by Jessie@AFNCC
I Became a Genius Law School Student Episode 113
The judge looked down at me with interest.
“That’s an interesting claim.”
he asked me
“Does the defense believe that the defendant falsely surrendered himself to protect Lee Eul-nam an alienated person?”
“Yes.”
“Then what is the reason?”
“I can’t say for sure but I think we can make an estimate based on some indirect evidence.”
After discovering the truth I collected various evidence to supplement my persuasiveness in virtual reality.
“one. Testimony of Mr. C who attended the reunion.”
– Eulnam? He’s a gold digger.
– Eulnam paid all the expenses for our dinner that day. Gap-dong… out of all of us he was closest to Eul-nam. no. Can I say that I was familiar with it? Since my school days I have been carrying my bags. He also does homework for me. Let’s say it was a relationship where we would get some beans in exchange for doing what we were told.
– Gapdong’s family circumstances were a bit difficult. I had no choice but to depend a lot on Eulnam. My current job was parachuted into Eulnam’s father’s company.
“There was a similar dynamic between the defendant and the alienated Lee Eul-nam. “Even if they had asked me to do it for them I wouldn’t have been able to refuse as a defendant.”
This is a case that is often found in reality. In order to save the life of a person who caused an accident while drunk driving another passenger lies and claims that he was the driver.
Like being promised a lot of money in exchange for getting out of prison for a few years. On the other hand they often add personal details such as being threatened with harm.
“The simulation was very complete. “When we checked the defendant’s account there was a record of a large amount of money being deposited from an unknown source after the date of the accident.”
In this case it was probably the former.
“Therefore Lee Eul-nam who is an alienated person will also be charged with instigation of each of Kim Gap-dong’s crimes.”
There was silence for a moment.
Sol-Hwi Kwon’s team was filled with pure admiration and even the judge’s forehead had dark wrinkles as if he was contemplating something. After waiting for a while the judge suddenly asked.
“pleader.”
“yes.”
“The argument the lawyer just made has a very high probability. “It can be said that sufficient circumstantial and indirect evidence has been provided to form a suspicion.”
but. And he elaborated.
“In a criminal trial the proof of the crime must be completely beyond ‘reasonable doubt.’ “Beyond filing charges can the defense attorney clearly prove the criminal facts of Lee Eul-nam and the defendant?”
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It is true that the explanation most consistent with the revealed evidence was presented.
But can we really say that we have ruled out all other possibilities and eliminated any room for reasonable doubt?
“For example can the defense attorney here deny the possibility that a third person was in the vehicle and that he was the real culprit?
‘Hey why are you like this?’
You’re asking a difficult question just when you thought everything was over. If you panic here you will get caught up in it.
Of course I knew exactly how to answer.
“Of course.”
I nodded without any hesitation.
“It’s impossible.”
It had to be that way.
The fact that Kim Gap-dong’s fingerprints were not found on the steering wheel is strong evidence.
If you take Lee Eul-nam’s fingerprints and examine them you will probably find only Lee Eul-nam’s fingerprints.
However this does not immediately clearly prove that ‘Lee Eul-nam is the real culprit who drove the car.’
In the case of Kim Gap-dong his appearance and clothing at the time of the accident are recorded in the investigation materials.
If you look for it you can confirm that they are not wearing gloves or anything that covers their hands.
Therefore if there are no fingerprints of Kim Gap-dong it means that Kim Gap-dong is not the driver.
On the other hand since this ‘third person’ is just a hypothesis the impressions of this person are also unknown.
If you ask me if he was wearing gloves so his fingerprints might not have been left behind I have nothing more to say.
but.
“But it doesn’t matter does it?”
So what should I do?
I shrugged my shoulders. At the same time the corners of the judge’s eyes wrinkled and curved as if in amusement.
“I have just proven that defendant Kim Gap-dong can never be the real culprit in this case. “There is no room for argument about that.”
What has not been completely proven is the charges related to Lee Eul-nam’s crimes and Kim Gap-dong’s obstruction of official duties.
The information given in this case alone cannot be proven with 100% certainty.
It can only provide probable inferences.
But it was still okay.
Because my work is already done.
“It is not for me to prove the rest. “It’s not something I have to do here.”
“So who should do it and when?”
“After re-investigation on these charges. “It is up to the prosecutors who will indict the defendant and the alienated Lee Eul-nam according to the new indictment.”
This trial is for the defendant Kim Gap-dong on charges of criminal homicide and professional negligence. The facts of the crime stated in the indictment are also stated as such.
“I think the story has already been concluded that Kim Gap-dong is not guilty at least in that regard. And crimes unrelated to the facts of the indictment cannot be disputed in this trial.”
It is once again up to the prosecution to clearly and clearly reveal the substantive truth about the remaining part. It’s not something you ask me to do.
If you accurately understand the criminal trial procedures there is no need to panic.
“….”
The judge smiled instead of answering.
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It was a smile that seemed to say that the correct answer was correct.
“I think we can finish the trial soon. “Please state the prosecutor’s opinion.”
“…yes.”
Sol-Hwi Kwon who was watching the conversation between me and the judge with his mouth shut nodded.
“According to the facts revealed as a result of the evidence investigation the defendant should be considered not guilty of the charges of violation of the Special Act on Traffic Accidents and violation of the Road Traffic Act which this prosecutor originally claimed.”
De facto declaration of surrender.
“Therefore… we seek a ruling to acquit the defendant.”
It was a clean admission without any regrets.
“Is this the same opinion as the defense attorney?”
“yes.”
It went without saying.
“I will judge.”
Eventually the line that concluded all of this flowed from the judge’s mouth.
“I find the defendant not guilty. The winner is the Korean University Law School national team. congratulations.”
* * *
Attendance is allowed during the final round of the Jain Legal Argument Contest. However there was a certain number of people who came with interest in these competitions.
Reporters who come out to report or other people who visit for business purposes.
Participant’s family or close friends.
Or another participant who came to watch because it wasn’t his turn.
“Oh what a coincidence to see you here. Professor Yong-Hwan Jang.”
Jang Yong-hwan turned his head towards the speaker with a shocked expression. The person sitting there was none other than his student Shin Seo-jun.
“…okay.”
“You must be busy. What brings you here?”
“I just happened to have some business to do at the Central District Court.”
Jang Yong-hwan had visited the Seoul Central District Court on personal business. I heard that there was a competition held by a student I had my eye on so I decided to attend during free time.
‘It was unexpected that I met this guy.’
“Ahaha. “If you watch Park Yoo-seung’s competition you can study.”
Jang Yong-hwan’s mouth hardened when he saw Shin Seo-jun.
In fact Jang Yong-hwan did not feel very comfortable with Shin Seo-jun’s presence.
Of course Shin Seo-jun was also his student. A very outstanding disciple.
As such I intended to fulfill my duty as a teacher.
‘But I don’t really understand what’s going on.’
Shin Seo-jun was the type that was liked by many people. Basically he has a warm appearance and always has a bright smile on his face giving a friendly impression.
However Jang Yong-hwan felt something uncomfortable about his smile.
‘As if… imitating someone.’
If you stay in the prosecution office for a long time your perspective on people will inevitably deepen.
In Jang Yong-hwan’s opinion Shin Seo-jun was a person who always wore a mask.
“Oh you’re a special prosecutor.”
Shin Seo-jun pretended to be happy.
“This is going to be fun. Professor what do you think? “The truth of that incident.”
“….”
Jang Yong-hwan was silent. Park Yoo-seung’s voice sitting in the defense attorney’s seat rang out as if answering on his behalf.
– The defendant… has not committed any of the crimes ‘claimed by the prosecutor.’
“I think Park Yoo-seung has found the answer right?”
Even as Cheonmadae Law School’s evidence investigation continued Park Yoo-seung did not let go of his concentration.
His eyes were shining sharply waiting for the moment to counterattack. Shin Seojun who was watching this with interest opened his mouth again.
“You’re amazing Park Yu-seung. “Actually I’m a little embarrassed to say it in front of the professor but I’ve never once been pushed down by my peers in terms of ability.”
“I guess so.”
Jang Yong-hwan sighed.
“Because you are an excellent student.”
“But for the first time I felt like there was a wall of talent. haha.”
talent.
I could only nod my head at those words.
Park Yoo-seung always surprised Jang Yong-hwan. A burning passion for law that knows no bounds. The ability to think as if he could see into the minds of professors and the boldness of being unconventional.
‘If I were still in the prosecution… he is a highly coveted talent that I would definitely have brought up in my line.’
Jang Yong-hwan took off his judicial uniform after a ‘certain incident’ and became a professor at Hankuk University Law School.
Although he always did his best while serving in the church his spirit as a prosecutor did not die and remained alive in a corner of his heart.
That’s why I inadvertently find myself wishing I had been on active duty.
“….”
The conversation stopped.
Not only was there nothing more to say but it was also because the flow of the mock trial had gotten to the point.
Evidence and evidence intersect. The lies that were hiding the truth were dismantled one by one and Park Yoo-seung finally declared.
– Therefore the name of the crime will be completely different.
“It’s not the defendant’s death by accident but the dangerous driving death of Lee Eul-nam an alienated person. It became an interesting situation. “Isn’t that right Professor?”
Jang Yong-hwan’s lips were tightly shut. His pupils twitched slightly.
‘Is it dangerous driving?’
It was a movement as if we were tracing the distant past rather than a mock court unfolding before our eyes.
“Oh right.”
Shin Seo-jun’s natural question was asked to Jang Yong-hwan.
“I just happened to think of something because the topic is like this. “If you don’t mind is it okay if I ask you a question now?”
“…that.”
Jang Yong-hwan asked back in a dry voice.
“Is this a question about legal principles or a ‘personal’ question?”
“Of course.”
Shin Seojun smiled.
“It’s both. “You know it well professor right?”
Jang Yong-hwan facing that inorganic smile finally realized the identity of the sense of discomfort he felt from Shin Seo-jun.
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