I Became a Law School Genius – 33



I Became a Genius Law School Student Episode 33

My eyes secretly turned to the bag placed under the desk.

What’s inside the bulging black bag is ‘Summary Theory of Criminal Law’ and ‘Civil Law Knot’ that you always carry with you like a part of your body.

My treasure created by cutting out what needs to be cut out and editing what needs to be touched up.

Of course these guys are also marked with a lot of multiple-choice exam questions.

‘Otherwise it wouldn’t be a true single volume.’

Although the case type is the core of the law exam the score in the multiple choice test cannot be ignored.

I read these books without a single day off and even the multiple-choice essays were constantly on my eyes.

Even when I had some spare time like the last time I went to my parents’ house I took out a multiple-choice workbook and often solved it to check my knowledge.

A crazy person who is always prepared for multiple-choice tests?

That’s me.

Of course it wasn’t that there were no competitors.

“hey. “What should I do about this?”

“Is there anything else? “You have to do what you normally do.”

“No that’s something only you can say….”

Although Shin Seo-jun expressed a bit of confusion he didn’t seem to be too embarrassed.

In this scene from the original work this guy showed a correct answer rate of over 80% with basic skills even without preparing for multiple choice.

The time it took to complete everything was 1 and a half hours so it was definitely first place.

Considering that there were a total of 60 problems to be solved today it was quite a speed.

Indeed the honor of being the chief of the police academy was not something that could be won by gambling.

Proof of achievement achieved by learning criminal law as a major subject and competing in a place where a considerable number of elites gathered.

Regardless of my personal feelings about Shin Seo-jun his skills were genuine.

‘And you don’t have to look far for competitors.’

“Uhm. Still I’m glad. “It’s multiple choice.”

“…Why am I glad about that?”

“I’m confident in my memorization.”

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Hanseol’s study method is to hit all the content within the scope. Forget about strength control or tips.

Her motto was that if there was a lot of work you could sit longer and if it was difficult you could concentrate more deeply.

An average person would be lucky if they didn’t get sick while imitating it.

However thanks to a lifetime of hard work Hanseol’s memorization ability far exceeded that of a criminal.

In terms of pure multiple-choice skills he was about half a step ahead of Shin Seo-jun.

‘Actually even during the first free exam he solved the multiple choice questions faster than Shin Seo-jun. I guessed more correctly.’

Jang Yong-Hwan’s multiple choice had some difficulties due to the mixture of somewhat unusual types but she still firmly maintained her position as second chair.

Sitting in the same classroom as these monsters and solving multiple choice questions.

This is so true.

‘Is it the best?’

It was an opportunity to test how competitive my level was before the midterm exam which could be considered the main game.

Regardless the current situation was very advantageous to me.

Anyway I knew this incident would happen around today and I usually prepared in advance.

On the other hand no matter how good they are they are not properly prepared for the exam.

If you can’t achieve overwhelming results even under these favorable conditions you obviously won’t win the midterm exam when it’s obvious that everyone will do their best.

At least for today I had to be the best.

“Then I’ll just go. So that each of us can do our best.”

Jang Yong-hwan left the test management to the teaching assistants and left.

The door closes and the teaching assistants guide the test to begin.

“Let’s get started. “You can solve the problem.”

There is no time to waste. Let’s start working on the house right away.

[Question 1. Which of the following statements regarding types of crime is incorrect? (In case of dispute depending on precedent)]

① The crime of dereliction of duty is an immediate crime because there is a fact that meets the constitutive requirements by failing to perform the duty of action and the state of penal illegality is said to continue to exist as long as the illegal random state of not performing the duty of action continues thereafter. I can’t.

② The crime of intimidation is a dangerous crime that protects a person’s freedom of decision-making and even if notice of harm reaches the other party but the other party does not perceive it or does not recognize the meaning of the harm notified the crime of intimidation can be considered to have reached its peak. Do it.

③ The crime of abuse is a state or immediate crime in which the crime is completed at the same time as an act of causing physical pain or psychological discrimination to a person under one’s protection or supervision.

‘He’s not an easy guy from the first problem.’

Perhaps because it was a sudden exam the questions consisted of 3 choices instead of the usual 5 choices.

Pooh was thankful because there was less confusion.

However this does not mean that the questions each question is asked become easier.

‘Types of crime D.’

Dizzying terms pop out of Seonji.

Immediate offender status offender dangerous offender etc. People who don’t know it may feel nauseous but they are actually not that difficult of a concept.

First of all all crimes can be divided into infringers and dangerous crimes based on the ‘degree of infringement on interests’.

Infringers are the type who believe that a crime is committed only when a realistic infringement occurs.

The crime of murder can only be committed if one kills a person and the crime of injury can only be committed by injuring a person.

On the other hand a dangerous criminal is considered to have committed a crime even if a dangerous situation occurs.

For example the crime of obstruction of business is the same. Let’s say I tried to steal customers from a competing store by spreading bad rumors.

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If obstruction of business is an infringement I can only be punished if I actually steal customers from a competing store.

On the other hand if it is a dangerous criminal it can be seen as having committed the crime of obstruction of business because ‘there is a risk of customers disappearing’ at the time of spreading the rumor.

In short the conditions for punishment are more generous.

Now let’s look at choice number 2.

‘It is true that the crime of threatening is a dangerous crime. Once there has been an act of intimidation the crime of intimidation is established regardless of whether the other person actually felt fear as long as there is a possibility that the other person may feel fear.’

If you look at it that way it seems like a correct prediction at first glance.

This is a prophetic question asking whether you know exactly the meaning of the concept of a dangerous criminal and the type of crime of intimidation.

But this damn professor took the trap one step further.

‘Wait a minute did the other person not perceive or did not recognize the meaning of harm?’

If I made a threat but the other person did not hear me or did not understand what I was saying even if they did hear me.

In that case isn’t there actually ‘the possibility of feeling fear’?

It cannot be said that a crime has been committed even though the danger itself did not occur.

It can be said that he was a wise man who made a wrong answer by touching on an expression in a trivial way but in some ways it was also a matter of filtering out people who simply memorized the definition of a dangerous criminal by rote.

Only by accurately understanding the meaning of a dangerous state and being able to think about it could you point out the wrong answer.

‘okay. Number 2 is wrong.’

The problem is that it asks you to select the wrong one so you can just select number 2 and move on.

If I had been studying alone I would have thought about the meaning of numbers 1 and 3 continuous and immediate but this time I didn’t have time to do that.

‘He’s also a prophet that I saw in the past exams to begin with.’

Options 1 and 3 are all versions that reproduce the conclusions of precedents as they were in the original text.

I was able to judge them as soon as I saw them because I had read them ad nauseam.

Next question.

[Question 2. Choose the correct explanation for the following case (if there is a dispute rely on precedent).]

– Gap was driving down the road with his fiancé in a car around 21:40. However B who was drunk and waiting for a taxi on the sidewalk mistook A’s car for a taxi came out onto the road stopped A’s car and tried to get in.

– When A blocked Eul Eul grabbed A’s pants and pulled him causing A’s pants to rip and then pulling A and falling with A. A was subduing B by holding both of her hands for about 3 minutes until the police officer who had been dispatched following a report from his fiancé arrived at the scene.

‘…What is this again?’

In civil law multiple-choice questions questions that require giving examples and making judgments often come up but in criminal law most of the questions were questions such as having people judge the noon of a prophet or choosing the correct one among ‘ㄱㄴㄷㄹㅁ’.

This type was not something you see often.

But there is no need to panic. In fact if you think about it a little these problems can be solved more easily than other problems.

‘Considering the extent of the incident this is probably a matter of self-defense.’

First B is doing things that seem illegal at first glance such as ripping A’s pants or knocking him down.

At this time it is a matter of determining whether A’s subduing of B can be recognized as self-defense.

‘What are the requirements for self-defense to be recognized?’

– Article 21 of the Criminal Act (Legitimate Defense) ① An act committed to defend one’s own or another’s legal interests from an existing unfair infringement shall not be punished.

If we recall the provisions of self-defense we can easily extract the requirements.

First of all the current unfair infringement. Infringement must be taking place right now and is no longer recognized when the risk of infringement has already been eliminated.

And acts done ‘for defense’ that is the intention to defend and the resulting acts of defense.

The act must be done with the intention to protect oneself or someone else.

Just because I was bored I beat up a passerby but it turned out that the person was an assassin hiding a weapon to kill me. Self-defense cannot be recognized in a situation like this.

The last requirement is not written in the article but is required by precedent.

It is ‘substantiality’. It gets a bit complicated when you get into specifics but the bottom line is that you shouldn’t blow someone’s head off with a pistol just because you’re in danger of getting hit with your bare fists.

Acts of defense are recognized only if they are carried out in a suitable and appropriate manner that is generally understandable.

It was a requirement that ranks among the top reasons why self-defense is denied in reality.

Articles such as that a mother who strangled a robber to save her child was not recognized as self-defense.

Isn’t this a story that can be easily accessed?

Of course it was not a very satisfactory interpretation of the law.

However regardless of right or wrong the right decision had to be made according to the position of a precedent that states ‘In case of dispute it shall be determined by precedent.’

‘okay. Let’s focus on the problem for now.’

He shifted his gaze towards Seonji.

① In the above case since the offensive and defensive acts were carried out in succession and Party A’s defensive act had a dual nature of being both an offensive act and A’s act alone it is difficult to single out A’s act and say that it constitutes self-defense.

② Party A must prove that Party A’s actions constitute self-defense or legitimate acts but the proof does not have to be based on strict evidence that has the probative power to convince a judge beyond doubt.

③ If B is indicted for assault and during the trial proceedings he denies the crime by saying that he had no memory of it because he was drunk at the time of the crime and at the same time claims that he was in a state of mental and physical loss the court must clearly state its judgment when convicting B. .

‘This is crazy!’

Choice 1 is not that difficult. In legal terms self-defense can include not only acts of defense but also acts of active aggression.

Self-defense is only denied if the attack is ‘so severe’ that it loses significance.

The problem was number 2 and 3.

‘This is a litigation law issue!’

The two books explicitly included content covered by the Criminal Procedure Act.

Of course since it was related to the process of discussing self-defense it was not that there was no justification but the problem was that I had never learned it.

It can never be solved with knowledge learned at the first grade level.

Unless you were someone like Shin Seo-jun who had completely learned criminal procedure law it was natural that you wouldn’t even know what you were asking.

but.

‘This is number 3.’

I am an exception.

Although the review system for the procedural law itself has not yet been completed my ‘Summary of Criminal Law’ includes these forewords on the self-defense page.

This is because it has been on the bar exam.

I remember that even back then it was tied together with the issue of self-defense.

We divide the exams according to the level of progress but the bar exam is not like that.

When it comes to related topics there are many cases where criminal law and criminal procedure law are intertwined within one issue.

Perhaps Jang Yong-Hwan is asking people to get used to such situations.

‘Anyway he’s a nasty human being.’

But that also made it more fun.

‘This is number 3. You are number 2. Or is it just a trap of pretending to use the precedent’s conclusion?’

After that I continued to solve the problem.

Each and every problem was filled with traps that could be caught if the slightest mistake was made but I couldn’t fool my eyes.

My hands became more flexible as I checked the answers. I turned the pages without stopping.

Some people are afraid of exams but these moments are actually the most enjoyable highlights of the process of studying law.

Even for me the process of reading through a thick law book was not without difficulty.

It cannot be read in a cursory manner like a novel; it is a task of accurately absorbing the meaning of each word and memorizing it until you can bring it back to life.

Of course it is tiring difficult and painful.

However if you endure the time of hardship correctly reward will come.

Moment of confirmation. Moment of proof.

A glorious stage where I can proudly spread my heart and say that the time I spent was not worthless that it steadily became my flesh and blood and that I made progress.

That is the test.

“Whoa….”

I finally checked the answer to the last question and let out the breath I had been holding.

I was so focused that sweat ran down my back and I held the pen so tightly that red marks were left on my fingers.

Filled with a sense of satisfied exhaustion I walked out with the test paper and stood in front of the teaching assistant.

“Are you okay?”

“yes? what.”

The teaching assistant asked in a worried voice when I handed out the test paper.

Do I look that sick? I’m just a little tired from concentrating but my physical condition hasn’t really improved.

But I soon realized that I was mistaken.

“As the professor said the grading results of this multiple choice will be reflected in your grade. “You can’t just roughly solve it and hand it over.”

“…?”

‘What’s wrong with this guy?’

There’s no way I could pass the test half-heartedly.

When I looked at him with that gaze the teaching assistant scratched the back of his head as if embarrassed.

“No that’s not true. “Give it to me.”

Before I knew it not only the teaching assistant but all the students who were solving the problem were looking this way.

Some looked like they were dejected and some looked like they couldn’t believe it.

I wondered why these people were doing this as a group and then I followed the assistant’s gaze and looked at the electronic clock on the table.

[14:50]

Less than 50 minutes have passed since the start.

…It was an overwhelming first place.