I Became a Law School Genius – 116



I Became a Genius Law School Student Episode 116

I hate to admit it but he really suits me well.

“therefore!”

Seungsu Hwang spoke passionately.

“Co-principal of a negligent crime is a ridiculous concept! “Because it was such a shocking incident the precedent was forced to provide a basis for hasty punishment.”

“I think so too. How are you going to acknowledge the intention for joint processing when there is no contact from the doctor? “When trying to resolve a problem that needs to be addressed legislatively through a ruling the legal principles get messed up.”

“also! “I believed that Mr. Park Yoo-seung would say that!”

‘Damn fun!’

There are many people who study hard in law school. However most people just do it because they have to and surprisingly few people enjoy law itself.

In that respect Hwang Seung-su a person who never stops talking about the law whenever he opens his mouth got along quite well with me.

“How can the topic get so far after less than 5 minutes of meeting each other?…”

“Even real brothers who were separated from each other wouldn’t get hit like that.”

Hanseol and Lee Haru were looking at me with subtle eyes.

Over there two people with exactly the same expression were staring at the back of Hwang Seung-su’s head.

“This is true. “It is exactly as our chief said.”

“head? Ah Baek Seo-yul.”

“He was jumping up and down while talking about Park Yoo-seung. They say there is a crazy person at Korea University who seems to have been born to study law. This is the first time in my life that I have seen him admit that he lost to someone. ha ha ha.”

I guess he was quite upset that he was pushed out of the Jin & Ahn internship. I can’t believe I even told my story when I went back to law school.

“So… it’s really unfortunate.”

Hwang Seung-su who was talking excitedly had a serious look in his eyes.

“I met this person not as a colleague but as an enemy.”

“I’m glad to see you. “A great partner is more valuable than a great friend.”

“Hehe I learned another lesson.”

It was almost time for the contest to begin. There was a loud knock on the door outside and a court employee came in and guided us.

“It’s 3 minutes before the start! “Participants from both sides will move!”

“I won’t look at it. Do it with all your might.”

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“Is this what you mean? After defeating Park Yoo-seung I will go back and scratch the head of the chief. “I beat the opponent you lost to so now I’m higher.”

That would be a scene I’d like to see a little bit of but unfortunately it won’t happen.

‘Because I will win this contest.’

* * *

The contest has begun.

“….”

Hanseol standing next to him was a little more stiff than usual.

The place where her gaze is directed from afar is none other than the audience. Jang Hwa-eun was sitting near the end of the corner.

“Well don’t be too nervous. “Let’s go as we were doing.”

He patted Hanseol’s shoulder and encouraged him.

“…huh.”

For Hanseol this is an event that has more meaning than just a competition.

So I intentionally tried to create a lighter atmosphere but it seems that it wasn’t enough to completely wash away the tension.

As soon as it happened I could clearly see from the side that my composure was shaking.

“Don’t be scared. “We trust you.”

“hit. What if you lose even the slightest thing? “If you come to the dormitory I will kick you out.”

“No you shouldn’t start thinking about losing. “You guy.”

As we were having a nonsensical conversation Hanseol’s stiff mouth loosened a little.

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

With the judge’s guidance I received the case record and USB and returned to the waiting room.

[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’s position present logic for a verdict of not guilty or dismissal of the indictment or a lighter sentence than for the indictment even if you are found guilty.

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

‘Oh. The expression has changed a bit?’

So far the defense’s position has been written to present the logic of ‘seeking a sentence other than imprisonment’ in case of a guilty verdict.

However this time it changed to an order to reduce the sentence rather than the facts of the indictment.

‘What does it mean?’

Let’s just remember this.

“For now just do as usual. “Starting with the crime.”

I said that and opened the indictment.

Defendant Kim Gap-dong

go. Hyeonju building arson fatality

me. Apartment break-in

Defendant Lee Eul-nam

all. Hyeonju building arson fatality

la. Apartment break-in

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mind. special theft

bar. Violation of road traffic laws (driving without a license)

Hanseol expressed his disapproval.

“…There are two defendants?”

“I know. “It’s not the first time.”

In reality we have already encountered the problem of having two defendants. This is the final of the preliminary round held at Korea University.

Although there was only one defendant indicted Kim Gap-dong in reality it was a difficult structural problem that could only be solved by considering Lee Eul-nam’s guilt first.

“This looks more difficult than that.”

“I saw it accurately. First of all the number of issues is different.”

There were a lot of crimes and they were all crimes that appeared frequently on exams.

The fact that it appears frequently on exams means that there are a lot of good issues to bet on.

Just looking at the crimes listed in this indictment more than six or seven issues come to mind.

“Let’s see some more.” You’re messing around with the data you received via USB. “We’re going to read this some more.”

“Yes sir.”

First you must read the material that can help you understand the core of the incident.

The facts of the crime recorded in the indictment the defendants’ own statements recorded in the suspect’s interrogation record or the trial record. If necessary even witness statements fall into that category.

– go. Death by arson at Hyeonju building and invasion of apartment complex

– Defendant Kim Gap-dong and defendant Lee Eul-nam are employees of a restaurant run by victim A. The defendants who could not endure A’s usually insulting remarks conspired to kill A by setting fire to A’s house.

– Kim Gap-dong and Lee Eul-nam broke the wall of a single-family home in Moil A Mowol and entered the yard. However before setting fire to the wood taken by Lee Eul-nam defendant Kim Gap-dong said ‘I am so scared that I can’t even kill him. He left the words ‘If you don’t have the confidence to handle it think again’ and ran away from the scene.

– However Lee Eul-nam who had no intention of stopping the crime set fire to the wood and threw it indoors. As a result A’s single-family home was completely destroyed by fire and A who was sleeping inside died.

me. special theft

– Meanwhile after the fire was extinguished Lee Eul-nam entered the burned room to confirm A’s death. However Lee Eul-nam found precious metals in A’s bedroom and suddenly became greedy so he took the precious metals and fled the scene.

…(syncopation)…

“It’s difficult.”

As I read the crime facts I sighed. As expected the issue was not easy as there were two defendants.

“First of all there is no problem with breaking into a shared residence. “It is clear that the two men plotted a crime together and broke into A’s single-family home together.”

“You mean the inside of the wall is a secret place? Supreme Court 2009 Do14643.”

Hanseol understood my point and immediately called the case number. Every time I see him I am amazed at his memorization ability which is as if he were using a supercomputer.

“that’s right.”

I nodded.

“The two broke the fence and entered the yard. Since the yard is also included as a target of trespassing at this point trespassing into a common residence is established. The statements seem to match each other.”

Seeing that CCTV is included in the evidence list it will be proven without any major problems.

I’ve felt this a few times but even if the facts are overturned through evidence they don’t play around with such obvious issues.

“The problem is this.”

I pointed to the part about arson at the Hyeonju building in the crime report.

“I studied all the details so I know the basics right?”

“huh.”

Article 164 of the Criminal Act (Arson of existing buildings etc.)

① A person who sets fire to a building used as a residence or where people are present a train a tram an automobile a ship an aircraft or an underground mining facility shall be punished by imprisonment for life or more than three years.

② If a person commits the crime of paragraph 1 and causes injury to another person he/she shall be punished by imprisonment for life or more than 5 years. If death is caused the penalty is life imprisonment or imprisonment for 7 years or more.

Hyeonju building arson.

To put it simply it means setting fire to a building with people in it.

As a result he even killed a person so the death was followed by the Hyeonju building arson fatality.

“First of all there is no problem in establishing that Lee Eul-nam was guilty of death by arson at the Hyeonju building.”

Lee Eul-nam set fire to A’s house where A was sleeping resulting in A’s death. All requirements for arson fire in the current building are met.

The problem lies with Kim Gap-dong.

“This guy left the scene before starting the fire.”

“Aha leaving the collusion relationship?”

“As expected tied for second place with Korea University. “Exactly.”

“…Are you kidding me?”

Hanseol’s eyes widened but he didn’t argue any further as there was no time.

‘Departure from collusion.’

This is a problem when several people decide to commit a crime together but one of them leaves before the crime is actually committed.

At this time it is somewhat difficult to hold the defector responsible for the crime. Because literally the defector ‘did not commit’ the crime.

“okay. Of course it is true that the defector also prepared and conspired to commit a crime so if he is guilty of preliminary conspiracy he can be punished for that. But you cannot be punished for a crime committed.”

In this case Kim Gap-dong refused to participate and ran away before Lee Eul-nam set the fire.

He even warned Lee Eul-nam to think again.

But in any case it is true that he conspired with Lee Eul-nam to set fire to the Hyeonju building and came close to carrying it out.

Therefore the most suitable crime for Kim Gap-dong is the crime of ‘preparation for arson of a prefectural building.’

“Oh but you can’t be so sure right?”

Hanseol raised a counterargument.

“When determining whether there has been a departure from the collusion relationship the precedent divides the leading conspirator and the general conspirator.”

“Keep talking.”

“Even if it is a collusion relationship there will be someone taking the lead and someone being persuaded by it. Since the former is more responsible for causing the crime to occur… one must completely exclude one’s influence to admit departure.”

It was just as she pointed out.

Not all accomplices are the same.

There are crazy people who suggest robbing our bank when they’re bored and there are also idiots who join in because they think it’s a good idea after hearing it.

Of course they are both bad guys but if I had to choose the worse guy it would definitely be the former.

If it weren’t for this guy they wouldn’t have planned and executed the crime.

Therefore in order for the instigator to be recognized as having ‘left’ before committing the crime he or she must meet somewhat stringent requirements.

“Active efforts to stop crime. Removal of influence over execution. “It was the 2008 Do1274 precedent right?”

The phrase was exactly the same as the precedent without a single mistake enough to elicit applause.

To put it in simpler terms it means that he decided to commit a crime because of you so you have to grit your teeth to stop him from doing so in order to acknowledge his departure.

“Good point. And simply giving a verbal warning is not considered an ‘active effort.’”

in other words.

“If Kim Gap-dong was the leading conspirator his defection will be denied and he will be punished along with Lee Eul-nam for the resulting arson of the Hyeonju building not the preliminary arson of the Hyeonju building. The problem is… we can’t tell whether that’s the case or not based on the information we have now.”

“So that’s the evidence we need to find this time?”

“that’s right.”

Was Kim Gap-dong the leading conspirator?

Or were they simply equal members?

If the former is the case arson of a building in Hyeonju would result in death. If the latter arson of a building in Hyeonju would be a crime.

“Then what you always do? “We’ll take care of the rest of the documents and you’ll look for this part of the evidence?”

“okay. Basically that’s what we’ll do. but.”

“but?”

“There are still some questionable parts left.”

In fact there are many other issues related to this issue.

Regarding the reserve issues such as ‘suspension of the reserve’ ‘possession of a sign’ for special theft and ‘scope of the road’ for unlicensed driving must be considered one by one.

However anyone with sufficient skill can answer this question correctly.

All you have to do is quickly understand the contents of the prepared records find the necessary data and connect them appropriately.

In the end the key to deciding victory or defeat was the fatal arson attack at the Hyeonju building.

It is understandable if the changed wording in question was intended to reduce the death by arson of a pre-existing building to a reserve for arson of a pre-occupied building from the defense’s perspective.

‘okay. That’s right but…’

What on earth is this feeling of not being refreshed?

A subtle unpleasant feeling as if something was missing.

The problems at this legal debate often came from unexpected places.

Then I needed to consider all possible scenarios.

‘Arson of the Hyeonju building. preparation. leave. execution. …execution?’

As I was looking back at keywords related to the incident something occurred to me.

“Hanseol.”

“huh?”

“There are many issues in this case. If you want to use it all in time you will need to write down the fire prevention part of the current building in advance. “One scenario is a backup and one is a fatal scenario.”

“Uhm. I guess so. “I think it will definitely be tight.”

“however.”

I looked into Miju’s eyes and asked Hanseol.

“Can you prepare one more thing?”