I Became a Law School Genius – 89



I Became a Genius Law School Student Episode 89

The seminar was conducted in a way that each hour a different topic was given and opinions were freely exchanged.

In the process seniors evaluate the qualifications of each intern based on various criteria.

How broadly and accurately do you understand legal principles? Can you design your own logical argument by applying it to the case? And how skillful are your attitude and eloquence in conveying it?

In addition to these ability aspects personality aspects such as listening to and respecting the opinions of others are also subject to evaluation.

If it was natural it was natural. This isn’t some kind of competition or test it’s just a procedure to select new employees to work at a ‘company’ called Jin & Ahn.

Although ability is important the company also had to consider whether the person was someone they wanted to work with.

If you show an overly aggressive attitude or do something stupid to stand out such as interrupting other interns your points will be deducted significantly.

Even if you knew the answer resolving the situation through amicable conversation and communication was a much wiser way to confirm.

‘Well I won’t mind.’

I’m not interested in confirmation so what’s the use of going back and forth?

I was just excited to have a chat about law.

“It seems like this is an issue that can be resolved with threatening teachers and misunderstanding the structural requirements.”

The problem was that I wasn’t the only idiot like that.

“The meaning of intimidation in the crime of intimidation. Evaluation of the teacher’s guilt when the person being instigated misunderstands the object of the crime. “It’s easy if you know two things.”

As soon as the issue was revealed on the PPT Baek Seo-yul quickly stood up and took the opportunity to speak as if he would not let anyone take it away.

Considering her skills it was a problem that could be easily resolved so it wasn’t understandable that she didn’t want to miss it.

[The following is a fictitious matter.]

‘Kim Seok-gu (41 office worker)’ and ‘Ha Joo-hee (36 office worker)’ are co-workers and are having an affair.

However Kim Seok-gu began to ask Ha Ju-hee to divorce her husband and remarry him and when Ha Ju-hee refused he handed over the facts and evidence of his affair with Ha Ju-hee to Mr. A who had always been in love with Ha Ju-hee’s husband.

Mr. A decided to threaten Ha Joo-hee with evidence of his affair and get her to divorce her husband.

In this way Mr. A went to Ha Ju-hee and threatened to tell her about the affair if she did not divorce her husband but in fact the person that Mr. A faced was not Ha Ju-hee but Ha Ju-hee’s twin sister who looked exactly like her…(omitted)…

Please present a view that makes Kim Seok-gu’s guilt as light as possible and a view that makes it as heavy as possible.

[Appendix 1]

[Appendix 2]

[Appendix 3]

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‘What is the matter of fabrication?’

According to the original work this was a case where only the names of the characters were changed to pseudonyms for something that really happened or something that happened relatively recently.

You might be wondering why Jin & Ahn would take on something as ‘trivial’ as threatening an affair but there was no business when it came to money.

The real-life person in question ‘Kim Seok-gu’ was of a very wealthy person even if it wasn’t at my level.

If you ask me how much I could afford to pay hundreds of millions of won in advance for a child who was already old enough to be in shackles because he was playing with his lower body incorrectly.

Although this was an advance payment the amount agreed upon as a success fee far exceeded this amount.

Under the current law the success fee agreement for criminal trials is invalid but the opponent is Jin & Ahn.

It was a law firm that knew plenty of tricks to evade the law and collect compensation.

In the end the best minds gathered together and set out to somehow exonerate Kim Seok-gu’s model or reduce his sentence and they succeeded.

However the underlying logic was generally something learned in law school.

Therefore it was a perfect topic to talk about to find out the level of interns who are still first-year law school students.

“First of all Kim Seok-gu informed us of the facts necessary for Mr. A’s threatening actions and also provided evidence. “This should be viewed as an accessory to the crime of intimidation.”

Article 32 of the Criminal Act (Accessory Offenses)

① A person who assists another person’s crime shall be punished as an accessory.

②The sentence of the accessory offender is reduced compared to that of the principal offender.

Criminal Law Article 283 (Threat and Threat to Exist)

① A person who threatens another person shall be punished by imprisonment for not more than three years imprisonment by a fine not exceeding 5 million won or a minor fine.

Baek Seo-yul continued his explanation elegantly.

“The problem is that Mr. A thought it was Han Ju-hee and threatened Han Ju-hee’s twin sister who had nothing to do with this. Two problems arise here. “Well can the ‘mistake of object’ thing that everyone knows about and the story of threatening Han Ju-hee to Han Ju-hee’s sister be seen as ‘threats’?”

Mistake of the object refers to a case where a person tries to commit a crime against A but mistakes another person B for A and commits a crime against him.

You might be thinking what’s the problem with that?

If he commits a crime with the intention of committing a crime shouldn’t he be arrested because he’s a bad guy?

‘But actually it’s not that simple.’

In criminal law the standard for punishing criminal acts is intent.

Unintentional criminal acts will not be punished unless there are provisions punishing negligent offenders.

However in this case the criminal did not have ‘the intention to commit a crime against B.’

There was only the intention to ‘threaten A’.

Therefore if we strictly consider intent one act constitutes two crimes in this case.

Since he tried to commit a crime against A but failed to do so it is an ‘attempted crime against A’.

And since such a result occurred without the intention to commit the crime against B he is a ‘negligent offender in committing the crime against B.’

‘But the judges aren’t stupid either.’

Rather than being deceived by such fundamentalist wordplay the court simply recognizes an intentional crime if the nature of the crime attempted to be committed is similar to the actual result.

It is consistent with the general public’s legal sentiment that ‘I did a bad thing with the intention of doing a bad thing so I should be punished.’

Therefore Baek Seo-yul also did not delve further into this part.

“The real problem is that Han Ju-hee’s sister the person listening to the threats and Han Ju-hee the target of harm that Mr. A is trying to harm are different people. “Does threatening to harm a third party other than the listener constitute a threat?”

“It may work it may not.”

Since everyone was hesitant to answer I got up.

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Because the environment was such that the internet was not available and searches were not possible it was difficult for first-year students who had not yet 100% completed their study of each topic to step forward with confidence.

‘Rather than stepping forward and getting caught for giving the wrong answer you’ll get halfway if you just stay still.’

“For example telling a mother that you will kill her only son seems like a threat to anyone. “But doesn’t it sound a bit vague to say that I will assassinate the president if you don’t listen to me?”

Even though they are ‘different people’ they are not all the same.

If I heard that someone would harm someone who is precious and valuable to me I would feel fear but if I heard that I would attack someone who is not related to me or someone who is my enemy I would not be very moved.

“Precedents also say that a crime of intimidation is established when ‘the victim and a third party are in a close relationship and the content of the harm is sufficient to cause fear in the victim.’”

As he argued like that someone’s grunting and groaning noises flowed low across the table.

We spent the same amount of time together but I smiled bitterly because I felt like I was complaining about why he didn’t know anything.

There is no need to feel unfair. Because we didn’t spend the same amount of time.

If I could not even come up with an answer like this even though I had spent so much time in my entire life I would have to be harshly criticized calling myself a Sangdunjae among dunjaes.

“…that’s right.”

Baek Seo-yul pursed his lips probably displeased with being deprived of attention by me.

“So in order to alleviate the guilt you have to claim ‘It’s not a close relationship.’ “If you look at the attached data there is testimony that Han Joo-hee and her older sister had a very bad relationship and that she heard her say ‘I hope you ruin it.’”

‘I heard you even read the attached materials.’

At the same time as the PPT was released a bundle of documents containing attached materials one copy per person was placed in front of us and it seemed like they had gone through them and extracted the necessary information.

“If she didn’t feel fear because they weren’t in a close relationship it was an attempted threat. Then Kim Seok-gu’s sentence will be much lighter because he did not threaten but rather aided and abetted an attempted blackmail.”

Baek Seo-yul concluded that.

“That’s a good opinion. Student Baek Seo-yul. Do you usually read the full text of Supreme Court precedents?”

“Poetry is sometimes a hobby when I have some free time.”

Baek Seo-yul stuttered as if embarrassed by Seong Jin-tae’s sudden praise but did not seem upset.

There was no way a proud person like her would dislike being recognized and praised by an adult who had the power to select.

“I got the impression that the basics were well developed as they went through each issue step by step. “I heard you well.”

This was high praise. Baek Seo-yul’s expression brightened.

“thank you!”

“Then is there anyone who has prepared an opposing view? So… in the direction of making Mr. Kim Seok-gu’s sentence heavier.”

This time too no one raised their hand.

In fact the opinion that Baek Seo-yul just announced was the same as that presented by Shin Seo-jun in the original work.

In addition it was similar to what Jin & Ahn’s lawyers argued in the actual trial.

‘And it was accepted.’

It is said that the case was concluded in the first trial because the prosecutor did not file a separate appeal.

But I think that was the strangest point.

This is because the relationship between Han Joo-hee’s real-life model and her sister is a battle over recognition of the facts and even so there are clearly other opinions worth presenting from a legal perspective.

‘Didn’t Jin & Ahn do something wrong?’

I was so suspicious.

Because if I could notice it there was no way that current rank and file prosecutors wouldn’t have noticed it.

Of course I didn’t say it out loud as it was just a complaint.

In any case it was clear that Shin Seo-jun in the original work who pieced together the arguments that were actually used in court and Baek Seo-yul who reached the same conclusion on behalf of the guy who was somehow keeping his mouth shut were great talents.

“surely….”

“That student is also quite….”

The seniors also exchanged stories as if they were interested and Baek Seo-yul’s shoulders rose as he finally enjoyed the attention pouring in.

I even think it’s cute that people are so transparent.

But.

“Heh.”

Isn’t this damned person’s arrogant nose not enough to throw a victorious smile towards us?

– how is it? I win this time right?

I feel a little angry because it seems like it’s written on my face.

‘What?’

Even though he risked being disqualified he stole my smartphone and contacted me and I thought he was doing it because he was grateful for my concern.

If you came out like this I couldn’t stay still.

It wasn’t like I really had anything to say.

“One thing.”

So I raised my hand and took the opportunity to speak.

“There’s something I thought about from the beginning.”

“What is that?”

Seong Jin-tae asked in a curious voice.

And the next moment.

“Isn’t this matter…could it be seen as an implied teacher?”

As soon as I answered Baek Seo-yul’s expression cracked.