I Became a Law School Genius – 5



I Became a Genius Law School Student Episode 5

“It’s gastric insertion.”

The audience became quiet.

After seeing the students’ blank expressions I realized that I had habitually used abbreviations that had stuck in my mouth since I was a test taker.

He quickly shook his head and elaborated.

“Therefore there is room to review the ‘mistake of the prerequisite facts for grounds for illegality.’”

Only then did some students nod their heads.

‘Mistake of the prerequisite facts for grounds of illegality’ is a concept that appears relatively early in the general theory of criminal law.

If you are a student who has diligently studied in advance you would have skimmed through the first half of the Introduction to Criminal Law and should have heard of the name.

“In this case it is only said that ‘A’ saw the gossip and posted the content on the school community but it does not guarantee that the content of the chit-chat is true. As student Shin Seo-jun said applying Article 310 requires ‘it must be a true fact’ and ‘it must be for a public interest purpose.’”

“…keep explaining.”

“If the gossip is true Article 310 can be applied. But can it be applied even if it is false? Even though it is not a ‘true fact’?”

I held the law book in my hand and flipped through it.

The place to open is not the page on defamation which is the issue in this case but the general section much earlier than that.

“Article 13 of the Criminal Act. Criminal intent.”

At the sound of my voice each student turned to his or her law book.

“An act of failing to recognize facts that are elements of a crime will not be punished.”

“…What does that mean?”

“At the beginning of this lecture the professor said: “What we have to decide is just what kind of action what crime and how much punishment should be given.”

I elaborated.

“Modern criminal law primarily bases its standard on ‘intention’ to commit a crime. “Unintentional crimes will not be punished unless there are special provisions for punishing negligent offenders and when determining ‘what’ the crime a person committed is the intention that the person harbored is used as the standard.”

This is an extremely general story.

No matter which criminal law textbook you open it is knowledge at the level of liberal arts written on the first page and it is clearly written in the code as an article.

No matter how long it has been since you were a student taking the test you will lose face if you can’t even say this much.

“In this case if the gossip was false the perceived act of ‘A’ was to reveal the facts and thus damage the reputation of ‘B’… but what actually occurred was an act of damaging the reputation of ‘B’ by spreading false information. . Therefore we must first determine whether to consider the crime of defamation by stating the facts under Article 307 Paragraph 1 or the crime of defamation by spreading false facts under Article 307 Paragraph 2.”

Oh sounds came from everywhere.

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“I told you that our criminal law judges crimes based on knowledge and intent. So even if the gossip is false. As long as Party A’s knowledge and intention are facts the provision to be reviewed is confirmed as Article 307 Paragraph 1. “Then again the question becomes whether Article 310 which is a special rule for Article 307 Paragraph 1 can be applied.”

Flip the page again and open Article 310.

“If you look the title written next to Article 310 is ‘Reasons for illegality.’ Everyone has probably heard of the reasons for illegality in one way or another. “There was intent and facts that constituted a crime but since a justifiable reason for such behavior was recognized and it was not illegal they would not be punished.”

Let’s clearly point out the nature of the clause.

“A representative example is self-defense in response to an illegal infringement. In the case of Article 310 it stipulates that ‘it must be a statement of fact’ and ‘solely for public purposes’ as special reasons for illegality that apply only to defamation.”

I slowly turn my head and look at Wonwoo.

Even the hostile looks that were being thrown at me just stared at me holding the law book open as if fascinated as if they had never done that before.

All the students trying to get into the best law schools in Korea were only listening to me…

“In other words ‘A’ mistakenly believed that he had ‘stated the facts’ even though there were no grounds for illegality. In other words it can be said that it corresponds to the so-called false preposition ‘mistake of the prerequisite facts for grounds of illegality.’”

“Hoo. so?”

Before I knew it Jang Yong-hwan was also raising his eyebrows as if he was interested.

Now after going around I got to the main point I brought up in the beginning.

In fact up to this point it was almost like reciting from a cheat sheet.

Shin Seojun already told me where to look.

The rest was simply reading the title and requirements of the provisions written in the law and then adding general remarks.

Next you have to exaggerate what you remember as much as possible and minimize what you don’t remember as if it’s not a big deal and pretend to know everything.

“With regard to matters corresponding to ‘false transfer’ the prevailing opinion in academia takes the position of liability theory limiting the effect of the law. But precedent does not follow this.”

First we introduce the conflict between conventional wisdom and precedent.

“Instead it consistently holds that illegality arises when there is a justifiable reason for the mistake. So can it really be said that there is a ‘legitimate reason’ in this case?”

When I pointed at the blackboard with my finger the students’ eyes involuntarily turned in that direction.

“‘A’ immediately posted a post on the community relying on evidence that was not certain of the authenticity of the content which was a piece of trash dropped on the street.”

Pronounce the part ‘I’m not sure’ with emphasis.

“Considering the fact that ‘B’ was a candidate for student council president and the election was in progress we cannot rule out the possibility that it was black propaganda distributed by the opposing camp. However it cannot be said that there is a justifiable reason for considering the contents to be true without investigating it.”

At this point let’s take a break and conclude.

“Therefore if the gossip is true Article 310 will be applied as per the previous answer. If it is an unpunished lie the application of Article 310 will be denied and the original will be punished as defamation if the facts are stated.”

“….”

In fact there are more than six theories regarding ‘mistake of the prerequisite facts for reasons for illegality.’

During the bar exam it was basic to write down the name and conclusion of each theory but it was impossible to remember them all.

So because I had used it so many times I barely mentioned the name of the majority theory that remained in my mind and passed on the rest as if I knew it all.

Afterwards too much emphasis is put on the interpretation of the issue and it ends up being glossed over.

If you ask me to explain the theory of liability limited by the effect of law or what other positions exist I cannot answer.

Because I forgot everything!

‘Please eat it.’

There was silence that seemed like an eternity.

and.

Clap clap.

Soon I raised my head to the sound of applause.

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“Great. “It’s an extra 5 points.”

Jang Yong-hwan was clapping his hands.

‘5 points? It’s more generous than you can imagine.’

The group evaluation in free-ro is a total score of 40 points.

The basic score is 10 points and as group members receive additional or deducted points they are accumulated.

Here the first test score is converted to 10 points and the second test score is converted to 50 points giving a final score out of 100.

Group evaluations are highly valuable because they are reflected as raw scores.

Especially compared to the first test the 5 points I just received was a significant score that could have turned over four or five multiple-choice questions.

“Did you say Park Yoo-seung?”

“Yes Professor.”

“That’s great. “Memorizing the principles of the law is something anyone can do.”

Jang Yong-hwan’s mouth drew a good line.

“But it is different to find issues that the problem does not teach based on that. Requires a solid understanding of the basic system of criminal law requiring much experience and repeated mastery. Or… a natural genius.”

It was too much of a mischievous question to throw at a prospective student who was not even a first year student.

Jang Yong-hwan who was nodding his head in acknowledgment asked me.

“Have you decided on an advisor?”

“yes?”

“If you ever become interested in the prosecution come see me.”

My mouth dropped open.

That was the greatest compliment Jang Yong-hwan could give.

“…I’ll think about it.”

In fact I expected that Jang Yong-hwan would be satisfied with this level of answer.

In the original work he was a practitioner who had worked as a prosecutor for decades and as an educator he showed the attitude that there was no need to obsess over theory as long as he could present the position and evidence of precedent.

It was not his style to check his knowledge of each theory.

I believed that and made a gamble but I had no idea that the response would be this positive.

I was just planning to get an extra point or two…

The fact that Jang Yong-hwan mentioned his advisor first means that he really liked my answer.

Of course they would not force someone who did not have good grades to become a guidance student.

Still it was a great achievement to leave a good impression on Jang Yong-hwan.

The rest of the class went smoothly.

Jang Yong-hwan’s lectures were easy to understand as expected from a great professor and he pinpointed and emphasized the important things you need to know.

It was such a beneficial time that I didn’t even know how the two hours had passed.

When class ended and it was lunch time.

“for a moment.”

Hanseol caught me as I was about to leave to find a restaurant.

“…How did you know?”

“How did you know?”

“There is no way in the world Park Yu-seung could have studied the various aspects of criminal law. “How on earth did you find the answer?”

Han Seol’s pupils were shaking in embarrassment.

It seemed as if she could see a conflict between the horse she knew named Park Yoo-seung and the savior who had just picked up an issue that no one could answer and scored points.

“Are you really Park Yoo-seung?”

It was a harsh question but I pretended not to know and answered the question.

“answer? “I didn’t know?”

“…what?”

“As you said how am I supposed to know the details? “If I had known I would have raised my hand before Shin Seo-jun answered.”

“no. “Then how?”

“I just looked up the article he mentioned and it said it was a reason for illegality so I just said it because I thought it would be a false accusation. “I was bored during vacation so I looked through the general information and caught a glimpse of it.”

“That’s ridiculous. “Park Yoo-seung looked at textbooks ‘because he was bored during vacation’?”

Han Seol was astonished.

“I told you. I also decided to change my mind and make a fresh start. “I may not have studied as hard as you guys but I’m trying my best.”

“….”

Han Seol’s eyes narrow.

He looked like he was wondering whether he should believe me or not.

But she will eventually be convinced.

The conclusion that ‘Park Yoo-seung solved the problem of criminal law and even answered the hidden issue!’ would not be accepted even if the world turned upside down.

However it is much more likely that Shin Seo-jun was lucky enough to help solve a problem.

Actually that was closer to the truth.

“…good.”

Han Seol quickly nodded.

“I can’t completely trust you yet but it’s true that you’ve been a big help this time. “It was a problem I knew nothing about and I also gave that stupid bastard a beating… so I’ll say thank you.”

“Why are you thankful? “I did this to eat my points.”

“If you can’t even talk.”

Han Seol laughed.

“But from now on tell me before you do anything. “I was so scared earlier because I didn’t know what you were going to do.”

“Yes yes.”

I roughly waved my hand and sent Han Seol away.

It took up more time than I expected.

I was hungry. Let’s eat rice.

* * *

‘In the Law School’ was a webtoon that had a reputation for drawing food without any need.

I still can’t forget the day when an oven gratin with a whole large chicken leg appeared.

Even though it was clearly a picture I couldn’t stop my mouth from drooling at the combination of crispy grilled chicken legs and flowing cheese.

Perhaps because I watched it while eating cup ramen alone in a dark office that scene was deeply engraved in my mind.

In the comments section there were many comments saying that if I were to fall into the world of ‘In the Law School’ I would definitely try that gratin and it was selected as a best bet so I guess I wasn’t the only one who had this sentiment.

And now.

An opportunity has come to me to make their wishes come true.

[Cooking completed: No. 397 No. 398 No. 401]

In my hand was a number ticket with the number 401 printed on it.

I rushed over to get the food and found a corner seat in the student cafeteria.

The menu of course is the oven chicken gratin seen in the original.

I tried to calm my trembling heart and stuck a fork into the chicken leg.

The feeling of the crispy grilled skin falling apart when touched by a fork was fantastic in itself.

I couldn’t hold back any longer so I tore it into large pieces and stuffed it in my mouth along with the cheese.

“it’s good….”

It was a touching taste.

I was especially impressed because I lived a life with no connection to food.

This gravy! This soft cheese! Just being able to study law feels like a dream but is it possible to be this happy?

It won’t work.

It is impossible to lazily waste even a moment of such a blessed life.

As I savored the taste of chewy meat in my mouth I took out ‘Minjeong Principles’ from my bag and spread it out on the table.

Take a spoonful and read a line from a book….

It was a time when we were having a great time eating.

“Can we sit down and eat together for a moment?”

For a moment I thought I had heard wrong.

There’s no way there’s a crazy person at Hankuk University who would tell Park Yoo-seung to eat together right?

Puzzled I lifted my head from my gratin.

On the other side.

“I have something to tell you.”

Shin Seo-jun the original protagonist was staring in this direction with a grin.