I Became a Law School Genius – 60



I Became a Genius Law School Student Episode 60

“Acts take precedence over omissions.”

I said an old saying:

“…what?”

“It is a basic principle of criminal law that if the same act can be evaluated as a crime of commission or a crime of omission it is considered a crime of commission.”

“Whatever that is.”

“This incident.”

He spit out Gu Minhwan’s words as if cutting them off.

“This means that defendant Lee Eul-nam’s crime cannot be murder by omission.”

Calmly as if stating an obvious fact.

“Because aiding and abetting murder by design takes precedence.”

“…!”

That’s right.

Defendant Lee Eul-nam’s decision to discontinue A’s life-sustaining treatment and discharge him from the hospital can be viewed broadly as an omission of Lee Eul-nam’s duty as a doctor to save the patient’s life.

However this does not mean that the existence of a series of active actions or ‘acts’ in which Lee Eul-nam removed the life-sustaining treatment device from A by moving his own limbs and exerting physical action disappears.

Rather it is the murder by omission that is absorbed and disappears. This is because the principle of priority of action comes into play.

Therefore Lee Eul-nam’s actions can only be evaluated as a crime of aiding and abetting murder which is equivalent to an ‘act’ and cannot be seen as an act of omission.

“Your idea itself was fresh and interesting but it was an impossible logic from the very beginning.”

“What…!”

A look of embarrassment flashed across Gu Minhwan’s face. I also see that rock-like person making that kind of expression.

I drove a wedge into him.

“It’s a basic theory that can be found in any textbook… Did you know that?”

If you think about it it’s funny.

The principle of precedence of action is not an incredibly difficult subject nor is it a legal principle that is not so famous that you can barely find it without studying it very deeply.

Rather it was a legal principle that was asked relatively frequently in paraphrases and mock exams.

In most exam books or textbooks it is mentioned at least once.

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In fact it was ridiculous for someone as talented as Koo Min-hwan to not know.

“Yes you probably didn’t know.”

but.

“We just… couldn’t connect it to this case.”

“…What are you talking about?”

Next to him Han Seol asked with a puzzled expression.

“It’s simple.”

I shrugged my shoulders.

“It’s a multiple-choice precedent for the principle of priority over action.”

I once said that multiple-choice study in preparation for the bar exam is of a somewhat special nature.

This is because the multiple-choice type of the law exam is closer to a time attack where you have to quickly pass the exam by mechanically judging the noon of the time rather than looking at the questions and thinking about the legal principles.

The precedents that make up the precedent are often one-off issues that are rarely raised as case-type issues.

The way to study such precedents ‘efficiently’ is to just look at them several times and learn them rather than deeply pondering their meaning or understanding them by organically connecting them to other issues.

Just by looking at a familiar phrase you can immediately put a circle or a cross mark and pass by.

“…Are you saying that senior studied like that too?”

“I guess so.”

Koo Min-hwan has no interest in law itself.

If there is an efficient way to achieve high grades there is no reason for him to reach out beyond that.

What requires in-depth and organic study are cases and precedents presented in records.

There is no way to ‘waste’ brain space by putting such effort into multiple-choice precedents.

I am different.

First in pursuit of efficiency and speed we reduced the amount of study and simplified the method but in the process of increasing the number of readings we gradually strengthened the basics and woven all knowledge into one system.

“I told you a little while ago that you are a poor law student.”

“….”

“Of course.”

I shot at Goo Min-hwan who was speechless.

“Because you don’t love law.”

They did not love the law had no interest in it and treated it only as a means.

Therefore the method of learning was limited and knowledge was created that could not be recalled in this situation even though it was clearly seen.

That was Gu Min-hwan’s defeat.

“….”

Gu Min-hwan did not answer.

He just stood there staring at me with his black empty eyes as always.

‘It’s over.’

There is no way to reverse this situation.

Koo Min-hwan’s idea was brilliant but since it started from the wrong premise there was no room for turning back.

It would have been better if the argument had been resolved with a moderate compromise.

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But his defense which collapsed spectacularly would never have scored enough points for victory even if there were some shining moments along the way.

The silence continued like that for a while.

“…then.”

In the end Jang Yong-hwan who had been watching all of this came forward.

“Can I hear your final statement now?”

“yes.”

Now it was time to end the long fight.

“I will state the prosecutor’s opinion.”

I slapped the prepared document on the desk organized it neatly and picked it up.

“It is acknowledged by the evidence previously submitted that defendant Lee Eul-nam removed Mang A’s life-sustaining treatment device and discharged him from the hospital causing him to die. This facilitates the murder by omission of Kim Gap-dong an alienator in other words ‘aiding and abetting.’ The defendant’s crime should be considered a crime of aiding and abetting murder in accordance with Articles 250 and 32 of the Criminal Act.”

This is enough.

All facts have been proven and the necessary legal principles have already been presented.

There is no room left for further argument.

Therefore it is enough to recite the applicable law and conclusion once.

“The defendant. “Please make a final statement.”

Gu Min-hwan still didn’t say anything.

Now the monster who was so obsessed with victory faces its first defeat.

To be honest I was a little curious about how he would react but he just stood tall like a stone statue and cast his eyes aimlessly into the air.

He didn’t break down like Bae Hyun-joong or run wild like Jeong Min-sik.

He just stood there motionless as if he needed time to process this unfamiliar situation.

The gaze suddenly turned towards me.

“The defendant.”

When Jang Yong-hwan called again only then did a soft voice come out of Gu Min-hwan’s mouth.

“Didn’t you love me?…”

And the next word.

“…the defendant.”

It was the sentence that signaled the end of the preliminary finals of the legal argument contest.

“I completely agree with the prosecutor’s statement of opinion.”

* * *

What happened afterwards was nothing special.

As winners of the preliminary round we were selected as the national team in the criminal field at Hankuk University Law School.

You can say that you’ve done one thing or you can say that you’ve just gotten a ticket to the finals so you’re at the starting line.

After the finals Koo Min-hwan quietly disappeared somewhere.

The only ones who remained at the scene were team members who did not seem to be very close to him.

There were some things I needed to ask Goo Min-hwan but his contact information was listed in Wonwoo’s notebook anyway so there was no need to rush to find it.

There was still a lot of time left until the finals.

It’s mid-July.

Actually it wasn’t a very leisurely schedule considering that I had to look into all the criminal law and criminal procedure law during that time…

Now that one big hurdle had been overcome it was time to focus on other tasks first.

‘okay. There are only a few weeks left until final exams…’

In fact there was one thing that was even closer than that.

“It’s been a while since I saw you Driver Choi.”

I opened the back door of the stylish Mercedes Benz and said hello.

I thought about taking the passenger seat but it seemed like too much of a performance for the purpose of showing the young man who had changed his mind so I stopped.

In any case isn’t Driver Choi employed by our family?

It was something I might have jumped up and tried to dissuade.

“How have you been?”

“Oh of course. I had a good time. “It’s all thanks to you Master.”

“What are you saying I did?”

Driver Choi was as ever a laid-back person.

He confirmed that I was seated and started talking in an excited voice.

“Isn’t it my job to keep an eye on the elderly? “You always looked like you had a dark cloud hanging over your mind but these days you’ve become brighter.”

‘That guy has become brighter…?’

I thought of Park Geon who was like a walking piece of metal.

I couldn’t imagine a smiling expression appearing on that grim face.

“Haha you are an old man too. “I guess you’re not the type to show your emotions honestly.”

Still I can see it all with my eyes that have seen it for a long time. And Knight Choi boasted.

‘Is that enough to be described as disingenuous?’

But if Choi is the one then it must be like that.

A vassal who has been by my side all my life would know better than a guy who flew in from another world and wasn’t even my real son.

“Anyway what happened this time…?”

“I’m going to get the award.”

I answered briefly.

“I aced the midterm exam.”

“Oh really?”

Engineer Choi was happy about it as if it were his own work.

“Congratulations! Hey I knew you would do something big someday! To be number one in a place where talented people gather. After all where would your wife’s blood go haha!”

That’s right.

I was now returning home to claim the compensation I had promised to Park Geon.

Even in the process of preparing for the legal argument competition the issue of compensation was always on my mind.

In any case isn’t this an opportunity to get something from the owner of the Yuseong Group?

‘Well you can’t be so ridiculously greedy but…’

This is Park Geon of the world. I didn’t think he would have just given in to my three-chip tongue and agreed to the bet.

Considering that he had been summoned back to his parents’ home it was obvious that even what he was asking for as compensation would be the subject of a test.

You should not be overly greedy and you should not waste precious opportunities on useless things.

Park Geon will once again evaluate his son’s ability to change from my requirements.

‘I have something in mind though.’

As I looked out the window organizing my plan step by step I suddenly realized that there was silence in the car.

‘…Huh.’

Driver Choi is actually a very talkative person.

This does not mean that the mouth is light.

He knew better than anyone else how to keep quiet about things that needed to be kept secret and that was the reason he was able to gain Park Geon’s trust.

However in everyday situations like this he was always a noisy person.

I remember the last time I returned to my hometown the conversation continued continuously.

I take a quick glance and look at Driver Choi’s complexion.

“….”

There was a strange shadow on his face.

Those worried eyes did not suit Knight Choi very much.

Now that I think about it even when they congratulated me energetically a little while ago it seemed like there was a feeling that I was overexerting my energy.

“Chief Engineer Choi.”

Should I ask him directly?

“Did something happen? “You don’t look good.”

“…haha. “I can’t do this to you.”

Driver Choi confessed in a dark voice.

“Actually there is a parent invitation event at my daughter’s school today.”

Now that I think about it you said you have a daughter who is a senior in high school.

I remembered that the other day I personally airlifted the workbook and handed it to them.

You might be wondering what kind of school event would mobilize even high school seniors but the school that Choi’s daughter attended was strictly based on rolling admissions.

The position is that you only need to pass the minimum cutoff line for the CSAT so even if you are a high school senior the burden of the exam itself is not that great.

On the other hand since the life record was posted it was inevitable that all students would faithfully participate in whatever was done at school.

It was said that almost all parents attend parent-invited events unless there are special circumstances.

“I’ve never been there before.”

It wasn’t just a story limited to high school.

Knight Choi was a confidant who had been with Park Geon’s every move for a very long time and he always had to be on standby to make a move as soon as he called.

From the time my child entered elementary school until now when he is spending his last year as a student.

Whether it was a sports day or an invitational event Knight Choi had never been to his daughter’s school.

His daughter was alone unlike her other friends who always stood with their parents.

“Luckily I didn’t have a work schedule this time so I was told I would be able to go… but I can’t refuse the work that my elders have entrusted me with.”

Driver Choi tried to smile.

‘her.’

Suddenly events from the long past flashed through my mind.

These are memories I have from my past life not as Park Yoo-seung.

I was a child who grew up without parents.

When I was assigned homework at school to draw the faces of my family instead of my parents who were so blurry that I couldn’t even remember them I drew pictures of myself and my younger brother so big that they filled the drawing paper.

However unlike drawing paper there were some things that could not be filled no matter what.

On sports day my hand was secretly hidden in my pocket behind my friends who were running around to greet their parents.

Unlike my friends’ colorful lunch boxes on the picnic day my lunch box looked particularly empty containing only a few rice balls that I had hastily put together in the morning.

“Chief Engineer Choi.”

“yes?”

“By any chance what time does the event last?”

“It closes at 4 o’clock.”

Open your smartphone and check the time. It’s half past two in the afternoon.

“…turn the car around.”

“Yes yes?”

“You said Seongmun High School right? “I’ll take a picture of the navigation.”

“Yeh…?”