I Became a Law School Genius – 132



I Became a Genius Law School Student Episode 132

“There are two main ways to resolve this issue.”

“…are there two?”

Go Ye-rin asked as if it was hard to believe.

“yes. One answer is easy and realistic but produces incomplete results. The other answer is difficult and requires a lot of labor but it is the answer that can achieve the best results.”

The former is probably the answer Chansol’s partners intended when creating this problem.

The other is… it is an option that has not yet been approved at this point but it is theoretically possible and is a ‘perfect’ path that will eventually be accepted through precedent in the future.

“The first one is simple.”

I shook my head.

“It’s a sentencing argument.”

“…A sentencing argument?”

Jeon Hyeok asked back.

“No but that’s it.”

The reason for his embarrassment was clear.

“Isn’t sentencing… something you don’t learn in law school?”

“But in practice it is the most important tool.”

Sentencing is not taught in law school. I’ll just mention it as ‘there is such a thing’ and move on.

Therefore even talented students who studied hard could not immediately think of having to rely on sentencing arguments.

However the process was not easy for the law firm intern to fall for with such an excuse.

“We are participating in Chansol Law Firm’s internship program. It is a process of learning and experiencing practical work to prove that you are the talent that law firms want. “Then since we are here we must think and act like practitioners.”

I looked straight at Jeon Jeon-hyeok and answered.

“Are you planning on saying something like ‘I didn’t learn this in school’ in front of the client?”

“…Tsk!”

Jeon Si-hyeok blushed bright red and closed his mouth.

“Then let me continue my explanation. “Everyone has no objections right?”

There was no one who complained more.

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“Let’s see.”

I pointed to the first paragraph of the question on the screen. The part that states that he lived an honest life with no previous criminal record and was a person of good reputation.

Next lower your finger slightly. It describes circumstances such as that A tried to help victim B or that he went to the police and surrendered himself after committing the crime.

“Client A committed the crime of forcible home invasion and molestation. He deserves to be condemned and held accountable for the sins he has committed. “You have to accept that and move on.”

Even if it was started with good intentions there is nothing we can do about it. As long as a wrong act is committed with wrong intentions a crime is a crime.

It is inevitable that Client A will be found guilty and receive the appropriate punishment.

‘It is something that cannot be avoided.’

“But… there is still room for discussion as to ‘how severely’ the punishment will be.”

I looked around the audience and mentioned a concept that should be familiar to everyone.

“I’m sure you all know that one of the basic principles of criminal law is the ‘principle of proportionality.’”

Sinners must be punished.

But only in proportion to the weight of the sin.

To put it extremely simply that is the principle of proportionality.

Those who commit theft cannot be punished in the same way as those who commit murder. Of course the opposite is also true.

This is because the weight of sin is different.

The same applies even if the charges are the same.

I once said that a vicious pleasure killer cannot be treated the same as a boy who killed his instigator because he could not endure bullying.

“Even if the crime is the same the specific nature of the act is very different.”

The same goes for the forced home invasion in this case.

A’s act is a crime that deserves punishment. However even in the same case of forced home invasion and molestation there can be many cases where the crime is much ‘worse’ than A.

For example a person deliberately follows B with the purpose of molesting him from the beginning or the level of molestation goes beyond simple groping and reaches a much more terrible and ugly level.

Even after committing a crime they refuse to take responsibility for their actions and run away until the end or they do not reflect and instead mock the victim and commit second and third offenses.

Of course both A and these hypothetical examples are bad guys but few people would disagree that the latter is a ‘better’ bad guy.

However it is said that the weight of punishment is proportional to the weight of the crime. If so isn’t it natural that the latter should be punished more severely?

“According to the provisions of the Article the statutory penalty for forcible home invasion and molestation is life imprisonment or imprisonment for more than 7 years. However under Articles 53 and 54 of the Criminal Act if there are extenuating circumstances the sentence can be reduced by up to half of the statutory sentence.”

And in this case there are quite a few circumstances that qualify as ‘extenuating reasons’ in light of precedent.

“He initially approached the victim with the intention of helping the victim. It was not a premeditated crime. It was his first offense. He showed a remorseful attitude by going to the police station immediately after the crime surrendering himself and reaching an agreement with the victim.”

And there is enough data to prove this.

“Then the advice I can give to A is simple. First admit all of your crimes at trial. “If you claim innocence unnecessarily there is a high possibility that it will be seen as an unreflective attitude.”

Next gather as much data as possible that can be used in sentencing and submit it.

“An agreement with the victim a written reflection a testimony from a bystander to prove his or her good behavior a document to prove the fact that he or she has surrendered a record from the intercom that records a conversation with the victim etc.”

I glanced up and saw Hyun Jun-seo nodding.

‘I think you’re satisfied because you got the answer you wanted.’

Actually it wasn’t that difficult to read their intentions.

‘First paragraph. ‘That is completely unrelated to whether or not it constitutes a crime.’

What does A’s social status or reputation have to do with the nature of the crime?

Therefore it may be considered useless content but the story is different if the sentencing argument was designed as an answer from the beginning.

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‘There is no useless content in the problem. ‘Every sentence necessarily contains some kind of intention.’

That principle worked without fail this time.

‘Perhaps… the intention was to try a way of thinking that is closer to practical work.’

In actual criminal cases there are not many cases where guilt or innocence are contested.

Rather there are far more frequent cases where it is best to admit the crime find as many reasons as possible for sentencing and reduce the sentence.

Therefore rather than reviewing the nature of the crime the issue was raised as a sentencing argument. To order a shift to practical thinking.

It was the perfect problem to announce the first day of my internship.

“In my personal opinion this case is one of the least serious types of cases that constitute forcible home invasion and molestation. “Perhaps if I can prove it sufficiently… I might be able to get my sentence reduced by up to half.”

However this answer has limitations.

“Of course the minimum statutory sentence is 7 years so even if you get the maximum sentence reduction it cannot be reduced to less than 3 years and 6 months. “To receive probation the sentence must be less than three years so it is inevitable that you will be sentenced to prison.”

Article 62 of the Criminal Act (Requirements for probation)

① When a sentence of imprisonment or imprisonment for not more than 3 years or a fine not exceeding 5 million won is imposed the matters of Article 51 shall be taken into consideration and if there are extenuating circumstances the sentence may be executed for a period of not less than 1 year but not more than 5 years. It can be postponed.

However this does not apply if a sentence is imposed for a crime committed during the period from the time the judgment imposing a sentence of imprisonment or heavier punishment becomes final until three years after the execution is completed or the sentence is exempted.

The flower of sentencing is probation. The goal is to somehow reduce the sentence to meet the baseline of probation and lead to the judgment that imposing a prison sentence is excessive considering the circumstances.

However in the case of forced home invasion and molestation it is a very serious crime.

Accordingly the lower limit of legal punishment is also high.

Therefore no matter how much you cut you cannot get a suspended sentence.

Although it is relatively easy and highly feasible it is difficult to think of it as the best result from the client’s perspective.

“hmm. indeed….”

“also….”

The three partner lawyers nodded while whispering something to each other. The gaze directed at me is very favorable.

We found the answer we had prepared and discussed precisely its feasibility and limitations. It was clear that he was satisfied with this.

“I heard you well intern Park Yoo-seung. “I have a good understanding of sentencing.”

Attorney Heo Min-jeong also praised me that way.

“But… what is the ‘second answer’?”

A voice filled with some confusion.

‘Well isn’t this an assignment that was given with much thought in mind?’

Looking at Attorney Heo Min-jeong’s reaction it seemed like they did not design this issue with the second answer in mind.

“is it so. You said earlier that although it is definitely difficult and requires a lot of effort it is the method that can achieve the best results.”

Go Ye-rin also joined in with a strangely questioning voice.

Jeon Jeon-hyeok who had been put forward as an opponent for a long time was unable to use his strength and seemed to have lost his composure as the game was not going as he expected.

“What is that? “Is there really such a thing?”

Everyone’s eyes are focused on me.

expectation. curiosity. interest. boundary. That moment when various emotions are mixed and pouring out.

“well.”

“…yes?”

“Let’s take a guess.”

I blurted out that.

“…yes?”

“The first answer I just mentioned. “It contains all the clues that lead to the second answer.”

Home invasion and forcible molestation.

Principle of proportionality.

Sentencing and probation.

If you connect the three elements in a row and break away from the framework of criminal law you can discover a completely new solution.

“I will give you a chance. “Wouldn’t it be difficult in many ways to score on my own?”

Will you be able to reach that conclusion?

‘Are you too arrogant?’

But wasn’t that Director Oh Hye-in’s order? She will cover most things.

Once we have a concept let’s push through it shamelessly until the end.

“under.”

Then Jeon Si-hyeok suddenly burst out laughing.

“You’re bragging too much Intern Park Yoo-seung.”

“What do you mean by that?”

“Be honest. The second answer that even our partner lawyers don’t know about? “There’s no way something like that exists.”

He added as if it were absurd.

“Actually there is nothing like that but you just pretend there is something and since you can’t resolve it you just pass it on to us don’t you think?”

‘What the hell.’

It seemed like his pride was quite damaged. He forgot that he was in front of the camera and started acting obscenely trying to accuse me of being a braggart.

“What will you do if there is?”

“What?”

“The second answer exists.”

I dismissed Jeon Hyeok’s opposition.

“Don’t worry. “If no one guesses I will tell you the answer myself.”

“under….”

Jeon Hyeok seemed speechless at my overly confident attitude and kept his mouth shut.

“It seems like it was a very difficult order for you. “Let me give you one more hint.”

I added looking around the audience.

“Please look more closely at the provisions of Article 3 Paragraph 1 of the ‘Special Act on the Punishment etc. of Sexual Violence Crimes’ which stipulates the crime of forcible indecent assault through home invasion.”

I took out a law book from my bag and opened it to the relevant page.

“If you look carefully you will notice something ‘odd’ about it.”

“…Could there be anything strange in the law?”

While grumbling like that Jeon Hyeok took out his law book.

Same goes for other interns. Some people were looking up the law while others were searching laws on their laptops.

Everyone was in a daze but I pushed ahead with so much confidence that they seemed to get caught up in the process.

Meanwhile I glanced at Chae Song-ha.

“….”

He was deep in thought while holding his laptop.

‘I gave you enough clues.’

Her strength is her unconventional and free-spirited way of thinking. Moreover the depth and breadth have been further developed through training over the past week.

‘okay. As for Chaesong who faithfully followed my training….’

If anyone guesses the answer here I think it will be Chae Song-ha.

Of course you may not be able to get it right. Maybe someone else will reach a conclusion first.

‘Then what’s the regret?’

I’ve done enough.

Chae Song-ha’s purpose is to prove her capabilities to the vice president who will be watching this broadcast. To do that she ultimately has to achieve something on her own.

All I can do is create an opportunity for this.

Chae Song-ha If you can’t achieve it with your own strength it has no meaning.

Silence fell in the conference room. Only the sound of a law book being flipped and the sound of a laptop keyboard being tapped mixed together. Everyone was preoccupied with finding the answer I had declared.

Eventually someone broke the long silence and raised their hand.