I Became a Law School Genius – 90
by Jessie@AFNCC
I Became a Genius Law School Student Episode 90
“Implicit teacher?”
Seong Jin-tae asked back as if it was fun.
“yes. “Teaching by omission is not recognized but in principle tacit teaching is possible.”
Article 31 of the Criminal Act (crime by instigation)
① A person who instigates another person to commit a crime shall be punished with the same punishment as the person who committed the crime.
② If the person who was instigated consents to the commission of the crime but does not begin to commit it the instigator and the instigated person shall be punished in accordance with conspiracy or preparation.
③ Even if the person who received the instigation did not consent to the commission of the crime the same applies to the instigator as in the preceding paragraph.
There is quite a big difference in the crime being ‘abetment’ rather than ‘aiding and abetting’.
The sentence for aiding and abetting offenders is reduced compared to that for contributing offenders.
However in the case of instigation crimes the principle is to punish them with the same punishment as execution crimes.
In reality they are usually punished more severely than actual criminals.
This is because the person who instigated others to commit a crime is the one who initiated the crime.
On the other hand actual criminals often receive reduced sentences for various reasons such as being lured by poor circumstances and their family’s hospital expenses or being forced to commit a crime for some reason.
The question is is there any basis for seeing him as a teacher?
“All Kim Seok-gu did was tell Mr. A about the affair and handed over the evidence.”
Baek Seo-yul hastily countered.
“How can you say that you ‘incited’ a crime because of that?”
“If you look at Appendix 2 the circumstances at the time are described in more detail.”
I picked up Appendix 2 which contained a lot of testimonies related to the matter and waved it around.
“I informed Mr. A of the affair and gave him videos and recordings of the secret affair and said ‘You have feelings for Joo-hee’s husband right? “I trust you will use it wisely.”
“What…”
“Precedents have also acknowledged instigation of theft in cases where a person with a history of theft was handed tools such as a screwdriver and hinted ‘You will need money so work hard.’”
Like a person who chose to commit theft to make money Mr. A has an incentive to commit a crime if he has the necessary tools.
In such a situation if the material that could be used as a means of committing a crime was handed over and mentioned ‘what to do’ even if it was not pointed out and told to threaten it is not impossible to say that there was implicit guidance.
“Well wouldn’t that be a bit of an unreasonable claim?”
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Seong Jin-tae who was watching at that time intervened.
“Of course it is true that the implied teacher is theoretically affirmed but I don’t think giving a screwdriver to someone with actual experience of theft is the same as providing information to Mr. A who only has a plausible incentive.”
That was a valid point.
In the case I mentioned the reason why the precedent recognized the instigation of theft was because the instigator was a professional thief who made a living by stealing.
The teacher was even a fencer who bought and sold the items stolen by the thief.
Because of such circumstances providing the tools for the crime could be interpreted as a request to steal another item.
In the case of Mr. A considering all the circumstances it is not difficult to infer that his actions were meant to ‘take this and threaten Han Joo-hee.’
However in order for it to become a judgment rather than a personal inference more rigorous proof and hearing procedures were required.
“Maybe so.”
So I coolly admitted it.
“However I think that those aspiring to become legal practitioners should not be afraid of such ‘unreasonable claims.’ From there new legal principles emerge and the boundaries between unconfirmed concepts are reestablished.”
The reason it is an ‘unreasonable claim’ is because there is no precedent to accurately support it.
But in other words it meant that there was no precedent that could cut and deny my claim.
In practice there were a lot of fights in such a gray area.
We learn only facts that have relevant precedents and when writing answers we write conclusions by citing only non-controversial legal principles.
However as I became a prosecutor and then a lawyer I was just sucking my fingers and thinking that there was no precedent for this situation so it was obvious that the chief prosecutor or my partner lawyer would come to stab me in the back.
‘I need to somehow interpret the law to my advantage and make an effort to gather the facts necessary to do so.’
For example it is possible to gather additional evidence about Mr. A’s usual personality criminal history words actions and attitudes toward Han Joo-hee and her husband.
The premise in the precedent is that if a thief is handed a tool to use for work it is obvious that he will steal it.
Applying the same logic we argue that it is natural that Mr. A will threaten if he obtains information.
“If you only rely on existing precedents legal professionals are no better than search engines. “I think that in order to become the necessary talent you need to be able to take a step forward.”
As I revealed my beliefs the seniors including Seong Jin-tae looked at me with a stiff expression on their faces.
‘Oh. Did I cross a line?’
Seeing that reaction made me break into a cold sweat wondering if I had chosen the wrong option.
Maybe it was theoretically possible but it might not have been the answer these people wanted.
It may have sounded arrogant for a fresh-faced first-year law school student to talk about the significance of being a lawyer while practicing.
Just as I was rolling my eyes and thinking about how to resolve this.
match. match.
“Great.”
Suddenly applause rang out.
“…This is the real thing!”
“okay. “You have to have this level of ambition and spirit!”
“Lawyer Seong where did you get that guy from?”
The applause started by one of the seniors soon spread to everyone.
They laughed cheerfully and exchanged lines among themselves and Seong Jin-tae shouted proudly.
“Did I tell you? “He’s a friend that’s really hard to find.”
Even the other interns were caught up in the atmosphere and were clapping without thinking.
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“Student Yoo Seung. “Never forget that posture.”
The added word is too much of a compliment for me to accept right now.
“There is a system called law school to discover people like Yoo Seung.”
I was speechless and could only stand there and lower my head.
* * *
“In the end I lost again. “Tch.”
“Is there a win or loss in the seminar? “The opinion presented by Baek Seo-yul was good enough and had a persuasive logic.”
“Are you saying that even after seeing that atmosphere?”
In the end Baek Seo-yul who lost the leading role in the end grumbled with her lips hanging out but when I acknowledged her opinion her expression slowly began to relax. He was a really easy person to get to know.
“It’s been a tough week. “It was fun competing with talented people.”
“Well it wasn’t bad for me either.”
“Next time we might see each other in court.”
You become Jin & Ahn’s lawyer and I become a prosecutor.
I said my goodbyes half wishing that things would get better for both of us and half meaning that we would not see each other again at least until we graduated since we had suffered enough so far.
‘He wasn’t a bad guy though.’
He was just the type with a bit of pride and a strong desire to win.
There were many people in the world who expressed such temperament in insidious ways.
I didn’t really dislike the type of person who threw his whole body away like that and insisted on fighting head-on.
After parting ways with Baek Seo-yul I made my way through the interns who were each getting ready to go back.
This is because there was still work to be completed before the end of this internship.
“there. for a moment.”
Finally I found the face I was looking for.
“Ahaha that’s rare. “I can’t believe Park Yoo-seung is looking for me.”
“…I have something to tell you.”
Shin Seo-jun was always smiling with an incomprehensible expression on his face.
I came down to the first floor with him and moved to a corner of the parking lot to avoid people’s gaze.
“I will ask you directly.”
A chilling voice came out of my mouth.
“Is it you? …I encouraged Go Cheol-su to create such a self-destructive beast.”
“What are you talking about?”
“Implicit Teacher.”
I cut him off.
“It’s the same as the case we saw earlier. “I guess I leaked the information to Go Cheol-soo that I was an aspiring prosecutor which led him whose judgment was impaired to bite me.”
“…this.”
Shin Seo-jun stepped back as if he had been hit.
“How did you know?”
“Isn’t it obvious? “You’re the only way for that guy to hear about my identity.”
Among the interns who applied and were selected as detectives this time only two Shin Seo-jun and I graduated from Hankuk University Law School.
In the first place it was widely known that detectives were no different from errand boys for all officers so based on Korea University Law School detectives were a relatively unpopular field no matter how large the law firm was.
‘If you’re a former police officer it’s a little better because there’s Beeville Hill.’
Starting a career in the detective field was not a recommended career path for an ordinary undergraduate student with no background.
So naturally the only person who knew about me was Shin Seojun.
Even though there is only one suspect I’m not so stupid that I don’t notice.
“Aren’t you wary of being needlessly tied up by the scrap metal tree so you tried to use me to get rid of the troublesome human?”
“…Don’t you think they were trying to eliminate a strong confirmation candidate?”
“I won’t.”
That’s because Shin Seo-jun like me probably wasn’t that interested in the confirmation itself.
Just as I applied to intern to gain knowledge and experience he decided to participate because he had something he wanted to find out.
‘How can a guy like that eliminate competitors?’
Trying to hide the real purpose by citing such obvious reasons is of no use to me.
Wasn’t it a situation where there was absolutely no possibility of me losing money in the first place?
It was reasonable to assume that Shin Seo-jun had expected and induced this result from the beginning.
“I’ll tell you right now.”
But no matter how much it worked in my favor I have no intention of dancing like a puppet to do whatever he wants.
That’s because it’s a full-throated sprint toward the tragedy that lurks at the end of all these scenarios.
“No matter what dark intentions you are hiding beneath that smooth face…”
“What a black heart. “You said too much.”
“Stop thinking about using me to get things done.”
“….”
I glared straight at Shin Seo-jun and he finally wiped away the smile he always had on his face.
An inorganic face that shows no emotion.
The silent confrontation continued a little longer and soon the corner of his mouth curved into an arc like it always did.
“Park Yu-seung is a very interesting person.”
“You’re a really boring guy.”
“Ahaha.”
Shin Seojun laughed and lowered his head.
“I was rude this time.”
“Speak as if you never said anything.”
“I will heed Mr. Park Yoo-seung’s warning.”
After saying those words the guy turned around and disappeared. Only then did I let out a long sigh and relax my body.
“Whoa….”
I realized long ago that it was Shin Seo-jun who moved Go Cheol-soo.
So before this matter is concluded I had to go over it at least once.
The more he perceives me as a threat the less likely he is to take advantage of me or the people around me.
That’s why I deliberately showed my teeth to Shin Seo-jun.
‘On the other hand they might pay more attention to me…’
The more he does this the more his weaknesses are revealed.
“Tsk.”
With a short burst of energy I shook off various thoughts and stretched lightly.
For now I’ve finished everything I wanted to do. Now all I have to do is meet up with Han Seol who has also left work and return.
“…But why doesn’t he come here?”
Normally I would call you when it was time to get off work.
Even though there was quite a delay in negotiating with Shin Seo-jun my smartphone was quiet without any notifications.
Just when I was wondering if I should at least make a phone call a vibrating sound rang.
“hello?”
– Student Yoo Seung?
“Attorney Seong?”
However the person on the other end of the phone was lawyer Seong Jin-tae. A strange ominous feeling came over me.
– Do you know a friend named Hanseol among the Hankookro students who interned at Jin&An this time?
“…This is my friend. But why”
– It is said that a student named Hanseol fell unconscious during a civil affairs seminar. First take him to the emergency room… Student Yoo Seung?
I didn’t answer.
I couldn’t do it. The moment Han Seol’s name came out of Seong Jin-tae’s mouth he was already running toward the main street with all his might.
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