I Became a Law School Genius – 131



I Became a Genius Law School Student Episode 131

I almost died laughing when Jeon Hyeok answered ‘writing’ as if he was revealing some great secret.

What kind of expression will he make when he finds out that the investor he praised so much is actually me? It was a very curious thing.

After finishing such an enjoyable meal we returned to the conference room. Before we knew it attorneys Hyun Jun-seo and Heo Min-jung also attended and stood side by side with attorney Kang Dong-hwi.

“Well this is a sudden story from my first day at work.”

Attorney Kang Dong-hwi took a quick look around us and then operated the beam projector to display the PPT on the screen.

“I have an assignment for you to do.”

Although it was a sudden incident it was quite predictable.

How could anyone just feed him and send him home? We are not here to have fun but are participating in Chansol Law Firm’s internship program.

‘This is especially true when you consider that it is a broadcast.’

So many cameras and staff. It was ridiculous to mobilize this much manpower just to film a shabu-shabu mukbang.

Of course it was right to think that something serious was about to unfold.

The other interns were nodding as if they had expected that.

“The content is simple. “We will read the following case and provide the necessary legal advice to client A.”

Attorney Kang Dong-hwi pointed to the PPT.

“Since it’s the first day let’s go a little light. Let’s solve this assignment not as an individual assignment but by discussing it together. “It’ll be okay right?”

A collaborative task not a competitive one.

But no one relaxed at those words.

‘We cooperate because we like talking.’

Only a fool would believe the saying that there is no competition because it is a problem that everyone solves together. Aren’t the three partner lawyers with their eyes wide open?

This was no different from a declaration that they would observe each discussion process and give scores in real time.

‘Participation. positiveness. Reasonableness of opinion. Depth of legal knowledge.’

It was clear that everything was being evaluated and ranked from various angles.

Considering the format of the broadcast you have to take first place in ‘all’ tasks. If so it meant that even in this task an invisible competition would eventually take place throughout the discussion.

“Then shall we begin?”

First of all let’s start with the matter. Attorney Kang Dong-hwi flipped through the PPT and I focused my attention on the words that appeared on the screen.

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[Assignment 1]

Read the following case and provide the most appropriate legal advice to client A.

– A is a man in his 50s who works at a construction company. He had two children was devoted to his family and had a good reputation at work as a generous and polite boss. There is no previous criminal history of the same type.

– On January 0 A found B a woman in her 20s staggering in front of the first floor entrance of Villa XX on her way home from work. A who thought that B was drunk and couldn’t control himself was worried about B and approached him to ask if he was okay.

– However B who was actually drunk did not understand A’s words and after getting the password for the first floor door wrong several times he finally opened the door and went up the stairs with unsteady steps. A who thought something big might happen if left alone followed B into the villa and up the stairs.

– B arrived at the door of his house on the 3rd floor but immediately after that he fainted and fell. As a result A tried to support B but ended up being crushed by B who fell rendering him unable to move.

– After a while B came to his senses and tried to get up but A grabbed B’s waist or buttocks and did not let go groping him. Later A appeared to the police and stated that the reason was ‘I suddenly felt lustful and ended up doing such an act.’

– When B screamed A hurriedly ran away then voluntarily appeared at the police station and reported all of the above incidents. A is currently indicted on the charge of ‘forcible home invasion and molestation’ under Article 3 Paragraph 1 of the Special Act on the Punishment of Sexual Crimes.

# significant

1) After the incident victim B reached an agreement with A and submitted an agreement to the court stating ‘It is true that I felt sexual shame due to A’s actions but I do not wish to be punished.’

2) As a result of the police investigation all of the above information was found to be true through CCTV and intercom recording devices.

“The information described is ‘entirely’ true. Please proceed with the discussion with this premise in mind.”

Attorney Dong-Hwi Kang added:

‘I mean everything.’

If this has been emphasized it means that the facts must be acknowledged as they are.

It is also true that A initially followed B out of concern for B without any other intention.

However it is true that when physical contact occurred as he himself admitted he committed an act of molestation ‘with lustful intentions’.

I am asking you to review it with that premise in mind.

‘What is certain… is that a crime is established at the point when the person acknowledges the intent of the molestation.’

This is true even if you initially tried to help out of pure good intentions. As long as he made a bad decision and put it into practice he is a criminal who cannot be dismissed or dismissed.

A If you claim that you did not intend to do so there is no problem with the fact that harassment is established as long as you go to the police and admit your intention.

‘Then what did Chansol’s partner lawyers want by raising this issue as an issue?’

What are the issues that need to be pointed out?

What kind of answer do they expect from us?

“Can I speak first?”

The first to raise her hand was Go Ye-rin.

“First of all I think we need to consider whether it constitutes forced home invasion and molestation. “I don’t have a problem with the forced molestation part but I think the home invasion part is a little ambiguous.”

“That makes sense.”

Jeon Si-hyeok agreed.

“I think there is room to argue that A entering the villa was not a ‘trespass.’ What do you all think?”

Article 3 of the Special Act on Punishment etc. of Sexual Crimes (Special Robbery Rape etc.)

① Article 319 Paragraph 1 of the Criminal Act (Housing Intrusion) Article 330 (Night-time Home Invasion and Burglary) Article 331 (Special Theft) or Article 342 (Attempted Crime. However limited to attempted crimes under Articles 330 and 331). A person who has committed the crime of Article 297 (Rape) and Article 297-2 (Similar Rape) of the same Act If a person commits the crimes of Article 298 (Forcible Molestation) and Article 299 (Quasi-Rape and Quasi-Forcible Molestation) he or she shall be punished by imprisonment for life or more than 7 years.

In fact this article which stipulates the crime of ‘forcible intrusion into a home and indecent assault’ has a fairly complex structure.

If a person who commits a crime in the category of home invasion described in the first part of paragraph 1 commits a crime in the category of sexual crimes described in the latter part he or she shall be punished in accordance with this article.

In other words both sex crime and home invasion must be established. There is no problem with forced harassment as long as the person admits it so it was a natural starting point to touch on home invasion.

“It will work. “Home invasion.”

However it was not a starting point to branch out on the right path.

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“You seem to be confused because A initially entered the villa with good intentions but A was never permitted to enter by B the resident. Since B said ‘I entered the wrong password several times’ there is a device in place to control access.”

In other words this villa is not a place where the general public is freely allowed to enter. Consent was not obtained from the residents. A simply entered after B entered the password and opened the front door.

According to the legal principles of home invasion the situation is sufficient to recognize ‘trespass’.

“There is no need to panic just because it is a special law. In the end we just have to judge based on the basic legal principles we have learned so far.”

“I see….”

Go Ye-rin who had been denied from the front showed a shocked expression. This was the same as pointing out that the basic skills were poor.

‘It’s not wrong.’

In fact if you think about it a little you can quickly see that home invasion is an issue that is difficult to deny. If the discussion had turned to home invasion denial it would have been difficult to leave a good impression on the partner attorneys.

In fact after listening to our questions and answers Hyun Jun-seo frowned and started writing something down on the notepad he was holding. When Go Ye-rin saw that her eyes twitched noticeably for a moment.

“What about the part where the agreement was submitted? Since the victim does not want to be punished this cannot be reflected….”

“It also does not affect the establishment of a crime or the possibility of punishment.”

This time Jeon Hyeok brought up the topic of the agreement but I cut him off with one cut.

“Under the Special Act on Punishment and Procedure for Sexual Violence Crimes the crime of forcible intrusion into a home is neither a crime of pro-crime nor a crime of impunity against a doctor. “Even if an agreement is signed there is no problem in concluding a guilty verdict.”

In criminal law there is a concept of pro-reporting or anti-reporting and impunity.

The crime of pro-reporting is a crime that cannot be prosecuted without a complaint from the person with the right to file a complaint including the victim.

Involuntary punishment refers to a crime that cannot be prosecuted if the victim does not wish to be punished.

In the case of these crimes if an amicable agreement is reached with the victim the case may not go to trial at all. Even if the case has already been taken to trial if an agreement is reached before the end of the first trial a not guilty verdict will be obtained.

However other crimes can be prosecuted and tried regardless of the victim’s will. This means that no matter how well the agreement is reached with the victim a guilty verdict will occur as long as the judge acknowledges that there is sufficient evidence of guilt.

“In this case B’s statement that he ‘felt sexual shame’ was even included in the agreement. Rather it serves as evidence establishing indecent assault.”

The ‘molestation’ of forced molestation refers to an act that causes the victim to feel sexual shame or disgust.

Looking at the objective nature of the act of groping the buttocks or waist or looking at B’s statement in the agreement it is difficult to avoid the establishment of forcible molestation.

Home invasion is also established. Forced harassment is also established.

If so it seems impossible to deny the application of the crime of forcible intrusion into a home. It’s like we’ve hit a dead end. A stuffy silence fell between the interns.

“Then… what can we do?”

As if to represent this a young man with a still pale face asked me. This is a friend who revealed his name as Na Sang-wook from Boseong University during his self-introduction.

“is it so. Then intern Park Yoo-seung let’s talk about it.”

Jeon Si-hyeok stepped in looking displeased.

“The task we have been given is to provide appropriate legal advice to Client A. There is no point in just denying that this doesn’t work and that doesn’t work. “We have to find an alternative solution.”

It was a voice that conveyed nervousness. Both Go Ye-rin and Jeon Ji-hyeok were pointed out to me as having a poor understanding of basic legal principles.

It was an attitude that gave a sense of crisis that if things continued like this they would end up receiving a unilaterally low evaluation.

“We really don’t know anything so we’re not talking about this and that. “Because the situation is unfavorable to the client we are discussing to find a way.”

The words that followed proved this.

“Since you denied all of that intern Park Yoo-seung must have a solution right?”

It was an aggressive question that seemed to be based on the premise that you don’t know either.

Actually it was worth it. A himself acknowledged parts that could be controversial and lawyer Kang Dong-hwi declared that everything was true so there was no room to argue with the evidence.

Even in legal terms it is difficult to deny the establishment of forced home invasion and molestation.

It was truly a beleaguered situation.

It was natural to think that even if it were me there was no way I could have such an amazing answer.

‘But it’s there. Amazing answer.’

This issue was disguised as a criminal law issue but its essence was something completely different. Therefore it was possible to arrive at the correct answer only with a completely outside of the box way of thinking.

However there was no point in saying it out loud and solving the problem on my own.

Unlike other interns I don’t aim to pass Chansol or come out to promote myself to the viewers beyond the screen.

“….”

I glance at Chae Song-ha.

“This is um no… is this really okay?”

Chaesongha who had been quiet for a while was looking through the law book while muttering strange words to himself.

When I looked at the opened page I got a sense of something but it seemed like I was hesitating because I wasn’t sure.

Wouldn’t it be possible to reach the correct answer if you give just a few more hints?

‘Then I’ll give it to you. hint.’

I quickly got up from my seat and stepped on Chae Song-ha’s feet under the desk.

“…?”

“Do you have a solution?”

Then he slyly responded to Jeon Jeon-hyeok.

“Of course there is.”

‘If you don’t accept this it’s your fault.’