I Became a Law School Genius – 53



I Became a Genius Law School Student Episode 53

“In this case it’s not just about determining guilt or innocence. “That is just one of the many many issues involved in this problem.”

“…then?”

So far the case format for the legal argument competition has been the same as the first preliminary round.

The story is that the crime was decided in advance informed and asked whether it was true or not.

If it proves the defendant’s guilt it is a victory for the prosecutor and if it is revealed that it is not enough to prove the defendant’s guilt it is a victory for the defendant.

Intuitive yet clean rules.

But this time it’s not that simple.

“You didn’t give it to me. “Crime.”

“oh. “I see.”

“This means directly measuring the weight of the crime… In other words deciding from the beginning what should be punished and how much.”

For example let’s say there is a guy who kills someone while committing robbery.

If it is not enough for this guy to just steal money and property if he intentionally kills someone he will be punished for robbery and murder.

On the other hand if you committed a robbery but did not intend to kill and the arm you swung slightly to scare was accidentally hit and the victim died it would be a different story.

In this case you will be punished for robbery and causing death.

The weight of the crime and the punishment that follows it are different for both.

Of course what needs to be proven is also divided into intent and negligence.

“From a lawyer’s perspective the best outcome is to be acquitted. “If that is not possible we must try to encourage him to be punished for a lighter crime.”

If that is the defense’s victory condition then naturally the prosecution’s victory condition is the exact opposite.

The argument must be structured so that the person is punished with as severe a sentence as possible and the outcome of being found not guilty must be avoided at all costs.

“But just doing it heavy or light doesn’t mean it’s the answer.”

First of all it must be a claim that can be proven that is ‘makes sense’ in light of the data and evidence presented.

The possibility of persuasion and the weight of the sin in one’s position must be carefully weighed to come up with the most reasonable compromise.

“Then… it’s the most similar to the criminal problems in the second freero evaluation.”

“yes. Even back then the prosecutor was told to make the argument as heavily as possible and the defense attorney to make the argument as light as possible.”

When a case is structured in this way it is overwhelmingly advantageous to choose the defense attorney.

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The prosecutor has only one opportunity to choose a crime to apply but the defense lawyer can first claim not guilty and then continue to argue for a less severe crime to be applied.

In addition since the burden of proof in a criminal trial basically rests with the prosecutor there is relatively more room to dispute the evidence.

Of course Jang Yong-hwan who set the question is well aware of this.

In other words the idea is to synthesize all the processes of developing arguments arguing and defending and favor the team that did ‘better’ overall.

“As a result even if you come to a conclusion that is close to the answer Jang Yong-hwan thinks you may lose if you are unreasonable in the process or go around in circles if you cannot find the right path.”

“It’s difficult….”

It’s not intuitive.

If guilty the prosecutor wins. If not guilty the defendant wins.

The structure of the preliminary rounds that have been held so far is much simpler and easier to understand.

Still what is the intention behind this change?

“What do you think it is?”

“hmm….”

The sparkling eyes of my teammates turn to me.

Perhaps because I have always found amazing answers in these areas I feel like I am filled with infinite trust.

I nodded my head vigorously towards them.

“I don’t know.”

“Eck.”

“Am I God? “If I can tell the professor’s inner thoughts at any time I should be sitting there so why would I sit next to you guys?”

I pointed to the judge’s seat where Jang Yong-hwan was sitting and our seats in order.

I am just a test taker who has solved more problems than others so I am a bit smart and have a lot of know-how.

What you don’t know is that you don’t know.

“But… I know how this incident was created.”

“I think I know that too. “Isn’t this a bit of a mix of the ‘Boramae Hospital’ incident and the ‘Grandma Kim’ incident?”

“You saw it correctly.”

The Boramae Hospital incident was a case in which a wife who suffered domestic violence from her husband and had separated demanded that her husband who was receiving life-sustaining treatment while unconscious be discharged from the hospital resulting in the husband’s death.

In the case of Grandma Kim the family demanded an end to life-sustaining treatment for ‘Grandma Kim’ who became vegetative due to excessive bleeding while receiving treatment for lung cancer.

Although the hospital approved this the grandmother did not die immediately after treatment was stopped and continued to live for hundreds of days.

The fact that the patient became vegetative due to excessive bleeding and that the patient was an elderly person is similar to the grandmother Kim case.

It is similar to the Boramae Hospital incident in that the patient was a villain who committed domestic violence before the incident and that he died immediately after life-sustaining treatment was stopped.

Indeed it was just a rumor about the precedent copier.

As soon as I saw it I could immediately see what precedents were used to create the problem.

“If you think that those two cases are mixed together… I have a rough idea of ​​what the issues that need to be addressed are. “Whether to choose between the prosecutor and the defendant.”

“Well as expected you had all your thoughts. So which one should I choose?”

“test.”

I asserted.

“Are you saying that in this structure the defendant’s defense team has an advantage?”

“That’s right. However Professor Yong-Hwan Jang is obviously well aware of that and he mentioned that he would take that into consideration when evaluating it. And the fact that the defense attorney has an advantage means that it is structurally so.”

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I added tracing a certain spot on the document with my index finger.

“In this case it would be better to be on the prosecutor’s side.”

* * *

The screens of both waiting rooms are being broadcast in real time to the judge’s seat and the audience.

If you think about it there was still a long time left before the legal battle began in earnest.

Once this 10-minute analysis period ends both teams have 2 hours and 30 minutes to read the data write and prepare their arguments.

Nevertheless there was a reason why the audience was already so crowded.

Thanks to the screen transmitted in this way the entire process of the participating team analyzing the problem searching for data and preparing the argument is revealed one by one without a second being left.

In other words it was a golden opportunity to learn about all kinds of things including the way excellent students think and approach logical problems.

One fact that should not be forgotten. This was Korea University Law School.

A group of crazy people who seem to risk their lives to succeed in their studies.

Therefore it was impossible for so many people to gather just because it became a hot topic.

They are a group of people whose hips are too heavy to move for fun.

They all gathered together because there was sweet water to drink.

‘Hoo.’

And it is not only the audience who watches the entire process.

The evaluator sitting at the judge’s table also observes the preparation process and uses it as reference data for scoring.

Even at this moment Jang Yong-hwan was looking directly at the video being transmitted from both waiting rooms with sparkling eyes.

“Hey Minhwan oppa. Is there anything we can help with…”

“does not exist.”

“Brother it’s because we feel uncomfortable. Of course I am grateful that they dragged me away by the collar but even so we are a team so it would be shameful for us to be of some use…”

“It’s okay.”

A strange situation was happening in Koo Min-hwan’s team.

Goo Min-hwan who could easily feed 3 people by himself or even 5 or 10 people which is more than 3 people for an average student was in a situation where he grabbed all the materials and wouldn’t let them go.

He had divided the stack of documents in front of him into three piles and was flipping through all three at the same time to get an outline and scribbling something down on a notepad.

The two team members who had become empty sacks as always were just struggling next to them.

“This case record. “How did they make it?”

“huh? How to make it? “Can you even know that?”

“hmm.”

Gu Minhwan shook his head.

“That means you don’t have to.”

Just then as if I had heard it an answer came from the screen in the waiting room on the other side.

“Isn’t this a bit of a mix of the ‘Boramae Hospital’ incident and the ‘Grandma Kim’ incident?”

‘…There is a bit of a difference in skill.’

Jang Yong-hwan was lost in thought.

There was every reason for Choi Seong-cheol to be happy about this freshman year calling him a golden rider.

No matter how top-tier they were this team of first-year students was already well above the average level of second-year students.

Hanseol boasts such a vast amount of memorization that one wonders if there are any precedents he does not know.

That alone is surprising but that guy Park Yoo-seung showed a very shameful act of trying to sit on top of the head of the male test examiner.

It was so embarrassing that a smile almost spread across Jang Yong-hwan’s lips.

‘It’s fun.’

Among these freshmen the one he had his eyes on the most was Park Yu-seung.

Since the beginning of the semester he had been showing off his acrobatics by pointing out issues that others could not point out and avoiding pitfalls that others could not see and now he was showing off his spirit by even achieving first place in the midterm exam.

‘What are you going to show me this time Park Yoo-seung?’

Of course no matter how much Jang Yong-hwan had high expectations for these first-year students whether he could guarantee victory in this final was another matter.

Because over there a genius of another level named Goo Min-hwan was showing off his presence.

“The issue is as follows.”

“Huh? Are you explaining this?”

“Just once.”

Gu Min-hwan compared the words written in his notebook with the pile of documents and began to recite.

“first. “Whether or not euthanasia can be constitutionally justified in this case?”

“Constitutional…? “Oppa weren’t we dealing with detectives?”

“In the Kim grandmother case a precedent was established that passive euthanasia is legal under special conditions. “If the conditions for euthanasia in this case are met to be considered legal it does not constitute a crime in the first place so both Kim Gap-dong and Lee Eul-nam are innocent.”

“…Oh I see!”

After that Koo Min-hwan continued to read the notes written in his notebook pointing out the issues of the case one by one.

This was after carefully checking how many pages of relevant data there were.

His eyes were shining coldly as he picked up the document and reviewed it.

“Wow that guy is really crazy. “You read that much document by yourself and already pulled out that many issues?”

“How can you beat an expert? “He is someone who has already made a living through criminal law.”

“There are degrees of massacre of civilians.”

There was a lot of chatter in the stands.

That’s how much weight the name Gu Minhwan had was extraordinary even among second graders.

However in Jang Yong-hwan’s opinion it was a question he could not be certain about.

“Look at this data.”

“Is this… a doctor’s opinion?”

“Isn’t it a little strange?”

“Oh wait a minute. Umm… where are you going?”

“This part here. I tried replaying it earlier and found an error so I rewatched it and there were clearly changes in sentence structure and formatting. “It means that the original is separate and someone tampered with it in the process of making it problematic.”

On the other side of the screen Park Yoo-seung was picking up documents and making a statement.

“A professor is not someone who has nothing to do. They are incredibly busy people. However while creating hundreds of pages of materials for the preliminaries there were some parts where you changed the content so much? “It means that the issue has been kept hidden.”

“…I know I’m just saying this now but is it really okay to solve it this way?”

Park Yoo-seung’s observation skills. Intuition. And the unique approach of reading the questioner backwards was not easy at all.

I didn’t expect him to pick up a clue like this but Park Yoo-seung actually smelled things quite accurately.

‘That report… I guess I made a little mistake while editing it.’

In fact it was hard to even call it a mistake.

The sentences used by doctors and the sentences used by lawyers are bound to be different from the basics so it was not strange to see traces of tampering with them.

Rather Park Yoo-seung who was using the ‘trick’ of finding hints there might actually be a strange person.

– Beep. Beep. Beep.

As I was immersed in those thoughts the stopwatch I had kept in my arms beeped sharply. It meant that time was up.

“Timeout ends.”

The curtain on the stage was finally rising.

“For both teams to come together in court and present their desired position.”