I Became a Law School Genius – 120



I Became a Genius Law School Student Episode 119

“We will resume the contest.”

It starts as always with the prosecution’s reading of the indictment and charges.

“… Therefore defendant Kim Gap-dong suffered death by trespassing into a shared residence and arson of a building in Hyeonju. “We assert that defendant Lee Eul-nam is guilty of breaking into a shared residence arson of a building in the current state causing death special theft driving without a license and illegal use of automobile lights.”

“Do you acknowledge the defense?”

Hwang Seung-su stood up on the other side in response to the judge’s question.

“Kim Gap-dong’s guilt led to the death of Hyeonju building arson! Special theft for Lee Eul-nam’s guilt! “Are you sure that’s what the prosecutor said?”

“Yes but.”

As expected I couldn’t get used to that energy no matter how many times I saw it.

“This lawyer admits defendant Kim Gap-dong’s trespassing into the shared residence but does not admit that he caused death by arson at the Hyeonju building!”

Hwang Seung-su shouted in a dramatic tone as if he were performing a play.

“Also defendant Lee Eul-nam’s charges of trespassing into a shared residence arson of a building in Hyeonju causing death and illegal use of a car light are acknowledged but special theft and driving without a license are not acknowledged!”

‘Did it come out like that?’

The parts that are acknowledged without dispute and the parts that are denied are as expected.

If so now it’s time to confront it with evidence and logic.

“First the special theft part….”

I presented prepared evidence.

CCTV footage showing defendant Lee Eul-nam entering the interior of A’s house after setting the arson.

Lee Eul-nam’s fingerprints remaining on the stolen jewelry and the appraisal report that appraised them.

Testimony of a fencer who purchased the precious metals from defendant Lee Eul-nam.

“Based on the above evidence it is acknowledged that Lee Eul-nam damaged the wall of A’s single-family home at night and stole jewelry belonging to A. Therefore there is no reason not to recognize special theft under Article 331 Paragraph 1 of the Criminal Act.”

“I will submit evidence against it!”

Hwang Seung-su came in as if he had been waiting.

“Evidence number 11. This is the autopsy doctor’s opinion on the body of Victim A! According to this document A’s estimated time of death is 11:17 PM!”

“Lee Eul-nam’s re-entry captured on CCTV footage was around 11:30 p.m.”

A teammate sitting next to Seungsu Hwang helped out.

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“According to the above evidence it is clear that A was already dead when defendant Lee Eul-nam entered the house again!”

“So?”

“Criminal Code Article 329 Theft. It is a crime that involves stealing someone else’s property! As you know in this case ‘other people’s property’ means property ‘occupied’ by someone else.”

Seungsu Hwang continued his explanation without hesitation.

“A person loses all rights starting from the time of death. Of course it cannot be the subject of possession. “At the time of the crime A’s jewelry was out of his possession so defendant Lee Eul-nam’s crime only constitutes the crime of embezzlement of property out of his possession and does not amount to theft!”

‘It’s an expected argument.’

I poked Hanseol.

“hey. “Rebuttal.”

“…That is an unreasonable point.”

Hanseol glanced at me hmm cleared his throat and began answering.

“Of course it is true that the common view in academia is that a person cannot be the subject of possession. However there is precedent that is exactly the opposite of this.”

A case number was called from her mouth.

“93 degrees 2143.”

‘That’s right.’

It was worth entrusting the preparation to Hanseol. He pointed out exactly the precedent I wanted.

I raised my thumb from under the desk and Hanseol chuckled and continued answering.

“This is a precedent that states that if a murderer steals an item that was in the victim’s possession it must be protected as the victim’s possession while alive continues even after death.”

“…Possession continues even after death?”

Seungsu Hwang’s teammate narrows his eyes and glares.

“Does that make logical sense?”

“Being a lawyer is a profession where you have to be logical but you can’t just be logical.”

“What is that”

“There is a concept called concrete validity.”

Law is a logical discipline. Concepts are defined based on the provisions and legal principles are constructed by linking definitions to definitions.

What was built up one by one is a huge theoretical system of law.

However on the other hand law is also a tool and means of solving real-life problems.

If we are too absorbed in logic for logic’s sake we end up with conclusions that are somewhat distant from what we actually consider to be right or wrong.

That is why the concept of ‘concrete validity’ is taken into consideration.

We examine the context and specific details of each case in detail to determine right and wrong so that no one is wronged even if it breaks the logic somewhat.

“Why is there a charge of theft?”

Hanseol’s sonorous voice resonates.

“Because stealing other people’s things is reprehensible. “We will force them to stop committing such acts by making them pay the appropriate price.”

The explanation is so obvious that even a five-year-old child can understand it.

However according to the obvious explanation there is a huge contradiction in the claim that ‘stealing from the dead is not theft.’

“Can it be said that a person who kills a person and then steals the property receives less punishment than if he or she just stole the property?”

It was a question no one could answer. No matter how you look at it the former is worse but it cannot be considered less bad.

Then why should the lesser crime of embezzlement of property be applied than the crime of theft?

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Could something be wrong?

“This precedent contains such a critical awareness. “It was created to correct the imbalance in punishment and ensure specific validity.”

“….”

Hwang Seung-soo’s teammates fell silent.

I had no choice but to run out of words to refute.

Sin must be punished accordingly. Isn’t it natural that a lighter punishment should not be given to the same or more serious crime?

The general principle that everyone had no choice but to sympathize with and agree with did not allow for counterarguments.

“Don’t you think this is a problem that needs to be resolved legislatively?”

At that time Hwang Seung-su stood up and asked.

“I agree with the concern that there may be a gap between legal principles and reality! but! “If we improvise and add precedents that become ‘exceptions’ one by one… won’t the system of law be overly damaged?”

“As a law student this is a matter of concern.”

It was I who answered.

“As someone who studies academics I want the academics I study to be flawless.”

From a study perspective these exceptional precedents are very uncomfortable.

This reduces the theoretical completeness and intuitiveness of law and requires you to memorize each conclusion increasing the amount of content to study.

but.

“Aren’t we standing here as law students right now?”

That’s a complaint that only a student can say.

“I am a prosecutor. And the defense stands here as counsel. He is a legal professional and practitioner. “If we are in such a position we must place the utmost importance on ensuring that no one is wronged and that a proper outcome is reached.”

It reminded me of the line that adorned the final episode of ‘In the Law School.’

– Law is not a complete order in itself.

It was a sentence that resonated with me more than anything else.

– Nor is it ultimate justice. Bringing back to life what was just a bunch of dusty letters with the power to protect the people of the world who have blood flesh and bones. Please do not forget that this is the duty given to you who were trained as lawyers.

“Jurisprudence should not be considered flawless in itself. No matter how much I love law no matter how much I love it it’s especially true.”

“….”

After hearing what I said Hwang Seung-su stood blankly for a moment.

Then all of a sudden they stood up and started clapping.

“indeed! “That’s great!”

“Why are you clapping you idiot? “What are you going to do if you give in so easily?”

“But what can I do with something wonderful! “I was so absorbed in my position as a student that I forgot the natural attitude that a lawyer should have!”

Hwang Seung-soo’s teammates sighed and squeezed him but he didn’t care at all.

“Quiet. Please be quiet.”

“yes! sorry!”

Only after the judge stopped him did he finally sit back down.

‘Well has special theft reached this level?’

“Next is the case of driving without a license.”

What we will discuss next is the crime of driving without a license as stipulated in the Road Traffic Act.

“The crime of driving without a license occurs when a person without a license drives on the ‘road.’ Therefore the issue is whether the parking lot where Lee Eul-nam drove has road quality but I will submit evidence here.”

“Evidence No. 36. Photo of a parking lot in a single-family housing complex.”

As planned in advance Lee Haru ordered the court staff to post the evidence. The scene of the parking lot the scene of the incident was displayed on the screen on the wall.

“What matters is whether this parking lot qualifies as a ‘public space.’ However as you can see there are no control devices such as circuit breakers installed in this parking lot.”

You wouldn’t know if there was a manager standing guard. But such a person did not even have a shadow.

I even looked at the CCTV footage of the incident just in case but there was no such thing as a manager.

“In other words the parking lot in this case is a place where the general public is allowed to pass so Lee Eul-nam is guilty of driving without a license.”

“I have an objection!”

Hwang Seung-soo stood up and shouted as if he had never been quiet again.

“I submit evidence against it! Exhibit No. 44.”

And I couldn’t help but be astonished by the words that followed.

“This is CCTV footage of the parking lot entrance ‘before’ the incident!”

“This is…!”

I rubbed my eyes at the incredible sight.

This is because in the video submitted by Hwang Seung-su a manager was clearly filmed walking around and guarding the entrance.

‘What happened?’

“Let me explain! Long story short there was a janitor before the incident!”

Seungsu Hwang shouted happily.

“Of course you weren’t there at the time of the incident. The manager may not have been captured in the CCTV footage. “But that’s because the manager was on vacation on the day of the incident and later retired due to the shock of the incident.”

“her.”

“I submit the manager’s testimony as supporting evidence!”

The recording submitted by Seungsu Hwang is played. The parking lot manager’s testimony is identical to what Hwang Seung-soo said.

– yes. I am the manager of this parking lot….

“In other words the parking lot is originally a place where access to the general public is restricted. This means that it is reasonable to view it as a private space rather than a ‘road’ within the scope of general police authority.”

‘What nonsense.’

“If Park Yoo-seung was a cautious person he would have checked at the time of the incident… but it seems that he did not even consider the possibility that it was different from his previous ‘usual’ state!”

There was a degree to even vicious things.

Obviously I confirmed that there was no custodian at the time of the incident.

Otherwise there was no security room where such a person could have been working and no circuit breaker was installed.

Therefore it was viewed as a public place where access was not controlled.

This conclusion was also supported by the fact that several vehicles were parked outside and were directly adjacent to the road outside.

‘I never thought it was a triple trap.’

Is this really the final? The trap was dug worse than expected.

This time I had no choice but to admit that I got a kick out of Hwang Seung-soo.

For the first time I faced an enemy that exceeded my expectations.

‘…It’s fun.’

But that only fueled my fighting spirit even more.

Driving without a license is clearly my mistake. However if you count the blows exchanged it is now one to one. The scales of victory have not yet tipped in either direction.

“I believed you would come out like that!”

Hwang Seung-soo’s expression brightened when he saw that my momentum had not waned in the slightest.

The most important part was now to begin. In fact it is the final issue that will decide the winner or loser of this contest.

“Next is the Hyeonju building arson fatality incident.”

The beginning of a counterattack has begun.