I Became a Law School Genius – 49



I Became a Genius Law School Student Episode 49

“Article 310 of the Criminal Procedure Act. “The law of reinforcing confessions.”

Han Seol’s sonorous voice rang out.

Article 310 (Admissibility of Adverse Confessions as Evidence) If a defendant’s confession is the only evidence disadvantageous to the defendant it shall not be used as evidence of guilt.

The law of reinforcing confessions is a rule that in order to use a defendant’s confession as evidence there must be at least one other piece of evidence to support its credibility.

The reason is simple.

Our country has experienced the rule of a dictatorship for a long time and coercive investigations by investigative agencies wielding enormous public power have become an extremely common occurrence.

False confessions were often obtained through human rights-violating methods close to torture or intimidation.

In order to prevent this it was necessary for police prosecutors to eradicate the trend of focusing only on the suspect’s confession.

This is in a similar context to illegally collected evidence.

“All the remaining evidence submitted by the prosecution has lost its admissibility. In this court it is as if it never happened from the beginning. “In that case even if the defendant’s confession is valid there is no supporting evidence to support it.”

Han Seol concluded.

“In other words the defendant’s confession cannot be used as evidence.”

“ha ha ha.”

However Jeong Min-sik burst out laughing.

Rather than someone whose last move was sealed he seemed confident that he had finally won.

“I said something.”

Jeong Min-sik turned his head towards Jang Yong-hwan.

“Your Honor I have an objection!”

“Speech is permitted.”

As Jang Yong-hwan nodded Jeong Min-sik asked us a question.

“What we are talking about now is the confession the defendant made during the first trial. Is that correct?”

“Yes but.”

I responded.

“This is not a confession made during interrogation by the prosecutors or police the investigative agencies during the investigation. I did this because I had the opportunity to speak in front of the judge especially in front of the judge with many people watching in the trial court. “It must be true right?”

“Of course.”

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“Your honor.”

A smile of repentance appeared on Jeong Min-sik’s lips.

“In that case the prosecution will argue that the confession enhancement rule does not apply to the defendant’s confession.”

“Why is that?”

Jang Yong-hwan asked as if he was interested.

“The prosecution is also aware of the law of confession enhancement. The purpose of the legislation is to correct the wrong investigative trend in which investigative agencies rely only on confessions and prevent false confessions from being obtained through illegal methods.”

“I can’t say that’s everything… but it’s true that it’s the core.”

“In that case the subject governed by the confession enhancement law should naturally be regarded as a confession made ‘during the investigation.’”

‘Oh I noticed it too.’

Jeong Min-sik continued his argument confidently.

“A confession in a trial court is different from a confession during an investigation. “So many people are watching and monitoring legal procedures are guaranteed and most of all it is an opportunity to speak in front of the judge who will make a fair ruling.”

Of course Jeong Min-sik cleared his throat.

“An environment where the defendant’s autonomous opinion can be respected to the greatest extent and external pressure from investigative agencies is excluded. Nevertheless expanding the scope of application of the confession enhancement rule to this point runs counter to the ideology of criminal trials which require uncovering the truth and is tantamount to distrust in the authority of the judge and the court.”

Then he adds one more word.

“Or does the defendant’s lawyer have any precedents to prove his claims?”

I was secretly impressed.

‘Is it sharp?’

The confession enhancement rule is a regulation aimed at correcting faulty investigative practices.

Therefore it is actually debatable whether it applies to confessions made by the defendant during the trial rather than during the investigation.

For example in English-speaking countries a confession during trial is considered evidence in itself.

In Korea at least in the last 20 years there has been no precedent dealing with confessions at trial and it is a topic on which opinions have been fiercely divided among scholars.

This was why I had trouble until the end.

That’s because this guy named Kim Gap-dong freely confessed in front of the judge so it wasn’t easy to come up with a solid logic to break it.

The biggest problem was that no relevant precedents could be found.

Relatively recent precedents can be searched on the Internet.

However if you have to look up precedents from the distant past there is a high possibility that it will not be computerized at all.

Jeong Min-sik who seemed to know this as if he had done some research in advance spoke triumphantly.

“If the defense really wants to argue that the defendant’s confession is ineffective they will have to bring reasonable grounds.”

But how do you bring about a precedent that doesn’t come up even if you wash your eyes and search for it even if you search for it? It was impossible.

Unless you are a crazy memorizer who crams dozens of case books into your brain from the latest editions to outdated first editions that can only be found in old gosi bookstores.

‘…But it exists.’

I glanced at Hanseol.

‘That kind of crazy person.’

“66 degrees 634.”

“There’s no way you can bring it. “Obviously admitting it is… huh?”

“‘Confession’ does not distinguish between a confession in a trial court or a statement to an investigator as a suspect.”

“What…!”

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As Han Seol softly recited Jeong Min-sik’s eyes got so big that they almost popped out.

“That’s ridiculous.”

The guy held his head in disbelief.

“Clearly there was no such precedent in the precedent search engine! Ah just making things up and talking about it randomly.”

“no. “That’s not it.”

At that time Jang Yong-hwan shook his head.

“The Supreme Court’s 66-634 precedent is an actual en banc ruling. These days are not often treated as a separate issue and their meaning is rarely discussed. “There are probably many cases where you are lost in books.”

“that…!”

A precedent from more than 50 years ago when no one here was born.

There was no way I could know such an old and outdated precedent.

‘I’m so glad my teammate is Hanseol.’

When I instructed Hanseol to study the litigation law from here to there he immediately went to the bookstore swept up a collection of precedents and showed off his ability to memorize the entire section.

Since the scope is limited it’s not difficult or anything.

There was no riddle like how on earth someone could copy the text in a book into their mind like a copy machine before fully understanding the legal principles.

Thanks to this it was the difference between victory and defeat.

Jeong Min-sik gaped at something as if speechless.

It seemed like he was trying to make a counterargument but there was no way to turn the situation around.

Jeong Min-sik who had been standing there for a while suddenly lowered his head.

Soon a dry voice came out between cracked lips.

“…I am I.”

Like the groan made by a wounded animal caught in a trap.

“You lost…?”

Empty eyes looked this way.

“I worked hard. More than anyone else. “I poured everything I had into my studies.”

Money time stamina and even your heart.

“But why… did I lose?”

It was only then that I realized why he hated me.

“Why… how can you guys know things I don’t know!”

‘You were scared.’

Even though he worked really hard Min-sik Jeong did not get the top prize.

Han Seol a perfect superhuman memorization machine named Shin Seo-jun was also sitting on his head.

And even I who seemed like a guy who was living a barracks life eventually overtook him.

At this point he couldn’t understand why he couldn’t have what they were so easily able to obtain.

The fear that the traces of one’s life may be completely denied.

That was the essence of what was driving Jeong Min-sik.

‘really….’

Competition is cruel.

Everyone tries their best but not everyone can be first.

Most people are unable to make up for the difference in elevation between the eyes pointing infinitely upward and the ground on which they step.

In fact Jeong Min-sik was one of those who was able to overcome that gap quite well.

In any case isn’t he maintaining a record that is one of the best in the best law schools in the country?

However the spirit of improvement was a monster that did not know how to get full.

When it hits the wall of reality and can no longer swallow what it wants it bites off its owner’s flesh and eats it.

sick. I can’t bear it in my right mind.

I was no stranger to that pain.

After failing to go to the bar exam interview room and losing my grace I had to face constant failure.

Every year a new list of successful applicants was announced but my name was not there.

Because I had to pay off my debt and was working so hard… that excuse was meaningless.

Of course people in the world would understand when they heard about my situation but I could not accept it myself.

The fact that the place I was standing was not next to the shining successful candidates bothered me.

That may be why I worked even harder.

To the point where I literally end up dying and being reincarnated like this.

“….”

Jeong Min-sik did not raise his head.

If he ends up breaking here it might actually be an easier path for Jeong Min-sik.

If you accept that you can’t always win it may be healthier to understand that everyone faces their own limitations and learn to be satisfied.

‘But… I don’t like it.’

Jeong Min-sik This guy is a very bad guy.

Didn’t he become jealous and hate me even though I had done nothing wrong and lash out at me?

Do you think we will let such a bastard find peace of mind and become complacent?

‘I can’t see cancer like that.’

More than anything I don’t want to see it.

The flame that burned my life with fighting spirit and motivation was extinguished so carelessly.

therefore.

“Why did you lose?”

You need to burn a little more.

“That’s natural.”

He had a triumphant expression on his face and spoke in a mocking tone.

“Because I did that too.”

“…what?”

For the first time Jeong Min-sik raised his head.

“Do you think you were the only one who worked hard? I told him to die too. When I got sleepy I would cut the back of my hand with a sharpie and it would bleed and I would also put tape on my eyelids to keep them from closing. “From turning the pages so hard the skin on my index finger was so worn that even my fingerprints were erased.”

I raised my right hand.

There are scars and blood scabs left on the back of the hand from being cut with something and the index finger is smooth.

The calluses between my fingers shined in the light.

I came to this point just a few months after starting a new life.

In that case the thickness of the calluses engraved on my soul including my previous life would have been more than this never less.

“Do you want to win?”

I glared straight at Jeong Min-sik.

“Then try harder you bastard. “Please risk your life.”

at least.

“Because that’s what I’m doing.”

It’s okay to hate me.

However I hope you don’t make the mistake of thinking that I got to this point with less effort than you.

No matter how much effort you put into studying law it cannot compare to the time and passion I have devoted.

Acknowledge me.

So accept yourself.

“…!”

Jeong Min-sik’s empty eyes shook greatly.

I was able to find something swaying beyond it.

There was a strong ember that seemed to be going out forever but was burning again.

“…That would have been enough.”

Jang Yong-hwan who had been watching with his eyes closed quietly recited.

“It’s finishing time. “Let the prosecution state its opinion.”

“….”

“If you do not speak we will replace it with what is stated in the written indictment submitted. Does it matter?”

“…yes.”

“Then the defendant. “Let’s make the final argument.”

‘Oh it was long.’

Numerous evidences point to the guilt of defendant Kim Gap-dong.

Each and every illegality was exposed and invalidated and even the last remaining confession of Kim Gap-dong himself could not be used.

Dozens of pages of thick case records.

There was no longer a single line of evidence left in it that could be used to prove Kim Gap-dong’s guilt.

“I will make my final argument.”

I quietly stood up and began speaking.

“The defendant was indicted for murder under Article 250 of the Criminal Act and drunk driving under Article 44 of the Road Traffic Act. However as shown in the previous evidence examination there remains no evidence to prove the defendant’s guilt in relation to each charge.”

If you can’t prove guilt you’re not guilty.

When in doubt in dubio pro reo.

If so the conclusion to be drawn is obvious.

“Therefore I hope that the judge will sentence the defendant not guilty under the latter part of Article 325 of the Criminal Procedure Act.”

Criminal Procedure Act Article 325 (Judgment of Not Guilty) If the defendant’s case does not constitute a crime or there is no proof of the crime the defendant must be declared not guilty.

This is what is commonly called not guilty due to insufficient evidence.

Silence continued and deep wrinkles appeared between Jang Yong-hwan’s eyebrows.

“…I will judge.”

Finally Jang Yong-Hwan declared.

“Defendant Kim Gap-dong is not guilty. The winner is Park Yu-seung Han Seol and Lee Ha-ru’s team.”