I Became a Law School Genius – 137



I Became a Genius Law School Student Episode 137

Kang Do-yoon explained the situation in detail from the beginning at my request.

I sipped my cocoa and paid attention to his story.

“It was a day when work wasn’t going particularly well. “I thought I needed some new inspiration so I went outside with my in-ear microphone in.”

Do-yoon Kang was walking down the street humming a melody at random.

His explanation was that he recorded those impromptu lyrics with an in-ear microphone and listened to them again later trying to salvage something useful.

“Then I gave up and was on my way home when I met those police officers.”

As soon as the police saw Kang Do-yoon they chased after him and stopped him. What happened next was the same as what was already said.

“So at that time one of the police officers said ‘You are under arrest for robbery and assault.’ I was startled and ran away for 30 seconds? 1 minute? “At that point I ran away and was caught by a sturdy detective.”

“What next?”

“They handcuffed me and dragged me to the police car while glaring at me with scary eyes. “It was so scary because he kept looking at me with a cold expression without saying a word.”

“…without saying a word? “Is that true?”

“Yes you literally didn’t say a word. There was silence while I was being dragged and even after I got into the car. “The police didn’t talk to each other probably because they were tired from chasing me.”

‘Hmm.’

I saw a clue. I asked Kang Do-yoon one more time.

“Are you sure about everything you just said? “Is there any possibility that I am missing something or remembering it incorrectly?”

“I’m sure. “It was such a shocking experience that I remember every single moment clearly.”

“If that’s true.”

I put my cup of hot chocolate down on the table.

“I think there is a way to help Kang Do-yoon.”

“Am I serious? “Is there any way…”

“Mr. Kang Do-yoon. Have you ever heard of the ‘Miranda Principle’?”

“The Miranda Principles?”

The Miranda principle is a principle that when an investigative agency arrests a criminal the suspect must be notified of the rights the suspect can exercise including the right to appoint a lawyer and refuse to speak before arrest.

investigation. arrest. redemption. hearing.

These are necessary procedures to realize judicial justice and give criminals the punishment they deserve.

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However these processes are carried out in a way that powerful state institutions wield that power over citizens.

Therefore for the procedure to be legal and fair it is necessary to ensure that citizens can fully exercise their right to defend themselves.

‘If you are unable to properly defend yourself there are many cases where the wronged person may end up in jail.’

One of the representative devices for guaranteeing the right to defense was the Miranda principle.

In Korea suspects who are arrested are informed of the facts of the case and that they have the right to appoint a lawyer the right to refuse to make unfavorable statements and the opportunity to make excuses.

“It is explicitly legislated through Article 200-5 of the Criminal Procedure Act.”

Article 200-5 (Notice of Arrest and Suspicion Facts etc.) When a prosecutor or judicial police officer arrests a suspect he/she shall state the summary of the suspect facts the reason for arrest and the ability to appoint a defense attorney and give him/her an opportunity to make an excuse.

“In principle such notice must be given ‘prior to arrest.’ Even if this is not possible because the criminal is running away or resisting with violence notification must be made during or immediately after arrest.”

“Oh so that means…?”

“According to Kang Do-yoon’s story it seems there was no such notice.”

Kang Do-yoon’s statement did not include information that the police had notified him of such matters.

‘I said I would be arrested on charges of robbery so it’s okay to notify the suspect.’

However there was no explanation at all about the really important things such as the right to appoint a lawyer or the right to refuse to make a statement.

“This is a clear violation of Article 200-5 of the Criminal Procedure Act. Therefore the arrest of Kang Do-yoon is an illegal arrest and does not constitute obstruction of official duties.”

Since the requirements for lawful execution of duties were not met the crime of obstruction of official duties is not established.

It is also impossible to separately charge a person with assault and causing injury solely for the fact that he knocked down and injured a police officer.

“The illegality is carved out as self-defense as it is seen as an attempt to resist ‘unlawful arrest.’ “This is all recognized as Supreme Court precedent.”

“Oh oh…!”

According to precedent the likelihood that Kang Do-yoon would be tried and found guilty was infinitely low.

Kang Do-yoon’s face brightened as he regained hope after hearing my explanation.

But even then as if he realized something he asked back in a timid voice.

“But will we admit that the police did not give notice?”

That was an important point.

“What if the people who arrested me agree and claim that they followed the Miranda Principles?”

Something only becomes true if it can be proven. The problem becomes complicated when police officers do not acknowledge the fact that they were not notified.

‘There is a high possibility of that happening.’

Article 200-5 of the Miranda Principles of the Criminal Procedure Act was a very important and basic regulation.

If these are not followed the entire investigation becomes illegal and the evidence obtained through it becomes unusable.

This means that investigators working on the front lines should never be unaware of something.

In the first place it was a topic that came up frequently in police recruitment exams and it was something that was taught to be adhered to even when learning about the job.

‘If it turns out that you violated the most basic of basics it could become a problem that won’t end with just a single page of your statement.’

The case has already been forwarded. There was a good chance that they would match their words to cover up their mistakes.

“If it is difficult to expect the other side to admit it themselves there is only one way.”

“That means….”

“We just need to prove it.”

Evidence must be secured.

“If it had been done the way it was it would have been a very troublesome task. Since it happened in the middle of the street they would have had to look for witnesses or analyze the shape of the police officer’s mouth through CCTV. but.”

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I waved the music album Kang Do-yoon gave me.

“Kang Do-yoon you’re a singer-songwriter right? “Even before his arrest he was recording his own voice with an in-ear microphone.”

“ah!”

“It is possible that the microphone recorded the conversation during the incident. “Do you have it now?”

“Of course! “It’s something that’s easy to carry around so I always put it in my bag and bring it back with me.”

Kang Do-yoon hurriedly ran to another room and returned with the microphone in question.

– Emergency arrest on charges of robbery and injury!

– Drag him away quickly! He’s a very dangerous guy!

The voice that was played clearly contained such comments but no matter how hard I listened there was no voice recorded informing me of my right to appoint a lawyer or my right to refuse to make a statement.

“This much is certain. “In light of precedent even if notification was made after this recording was completed it would still be an illegal arrest that was long past the due date for notification.”

“thank god…!”

He handed the microphone back to Kang Do-yoon who was heartbroken and gave advice.

“Keep this well and submit the original as is during the prosecution investigation or copy it in a way that recognizes its identity.”

Prosecutors are people who hate being found not guilty in a case they prosecuted more than dying.

In a world where the conviction rate exceeds 90% a not guilty verdict is no different from evidence pointing to the incompetence of the prosecutor in charge.

‘They either forcibly prosecuted a case that was clearly not a crime or made a case that could have been sufficiently guilty to be acquitted due to failure to prove it.’

Either way it is difficult to avoid criticism that the work was done poorly.

If this much clear evidence were submitted in advance there was a high possibility that the prosecutor in charge unless he was an idiot would decide not to indict the case and end it.

“thank you!”

I thought as I looked at Kang Do-yoon who kept lowering his head.

‘By the way you might think that those police officers were just guessing…’

Mistaken arrest is something that can happen.

However I couldn’t shake the feeling that releasing him and then sending him to prison for obstruction of justice was somehow a so-called scandalous crime or retaliatory investigation.

In addition the right to appoint a lawyer and the right to refuse to make a statement are not notified.

‘If the truth is revealed everything will break down at work. Those people.’

***

“Oh well.”

Inspector Park waved his hands as if he was annoyed.

“Is it difficult to apply with just this? “I already explained everything to you.”

“Ha but.”

Across from Inspector Park a young woman was sitting with a pale complexion trembling.

“It’s already been three months since I started being stalked. I feel like I’m going to go crazy if I don’t do something. Please do something…”

“Wow. “Just from what you said I can’t tell if you’re really being stalked or if you’re just nervous and mistaking it for something trivial.”

The woman came to us saying she was being stalked. Just by looking at the rough skin and deep dark circles it was clear that he was under severe stress.

‘It’s a bother.’

Inspector Park clicked his tongue inwardly.

‘Stalking is difficult to prove and requires a lot of effort to investigate so I don’t really want to take on it. I’ll just crush it and send it back.’

Inspector Park was a person who was only interested in improving performance and work performance evaluation.

Cases like stalking where collecting evidence is difficult and time consuming and where it is difficult to produce tangible results were clearly outside of his interests.

That was the secret to why Inspector Park was quickly promoted to captain at a relatively young age.

However things have not been so good recently.

‘I’m already annoyed because I was caught by the head of the investigation department for the robbery and mistaken arrest case last time.’

Anyone could see that he looked exactly like Montage so he was so excited that he even forgot to notify him of the Miranda Principles so he was immediately arrested.

It turned out that it was a case of mistaken identity so it was just a waste of time.

I even sprained my ankle in the process. Sergeant Park was so angry that he even booked the suspect on charges of obstruction of official duties.

‘Anyway I can’t waste my precious time on something like this.’

“If you are having a hard time please bring more specific evidence. “We don’t have infinite manpower so how can we conclude that it is a stalking case and file a case based only on vague stories like this?”

“….”

Inspector Park sent the woman after her. Then he rummaged through his pockets and found a cigarette. I must have been under a lot of stress so I decided to cheer myself up by taking a ride.

Right then.

“Lieutenant Park!”

Suddenly the head of the investigation department burst through the door and started looking for Inspector Park looking furious.