I Became a Law School Genius – 93



I Became a Genius Law School Student Episode 93

“That’s a question I created a while ago when I joined the bar exam preparation committee.”

Professors with a strong reputation and career are often asked to write questions for the bar exam.

Being in charge of writing questions for the national exam was a very annoying job that required you to be locked up somewhere for a while and cut off from contact with the outside world but it was also a very honorable job.

“I was asked to write a question on civil law… but the professor in charge of criminal law at the time was seriously ill so I ended up creating a question for that as well.”

Changsoo Kang’s original field of expertise was civil law. His position in civil law is unrivaled.

It was widely said that the civil law test books available on the market were nothing more than annotations of Kang Chang-soo’s writings.

However this in no way meant that Kang Chang-soo was ignorant of criminal law.

He was a person who once served as a Supreme Court Justice of this country.

It was by no means an easy position to sit in with only half-knowledge.

“However it was not actually presented.”

At that time there were a total of three problems created by Kang Chang-soo.

Since the criminal law exam for the bar exam consists of questions 1 and 2 one of them had to be discarded without appearing.

After much deliberation the issue that was ultimately eliminated was the contents of the envelope given to me and Jang Hwa-eun.

‘This is a problem created by Kang Chang-soo.’

This question was created by Kang Chang-soo himself with the intention of appearing on the bar exam.

Even though they were eliminated the quality was guaranteed.

‘It’s also a problem that has never been revealed to the world before.’

It would be rare to find a method as appropriate as this to test one’s legal competency.

“You have 30 minutes to write the answer. Afterwards we will listen to the answers provided by both sides and determine the winner. “I guess this is enough right?”

There was no reason to complain. We started solving the problem without delay.

‘Let’s look at the problem first.’

<Question 1 1>

Examine Party A’s guilt in factual relationship (1) (20 points).

The types of criminal law questions on the bar exam are broadly divided into two.

A 60-point integrated question that gives the facts as a whole and asks you to review all the characters’ guilt and a separate question that breaks the facts into small pieces and examines only the sins corresponding to each paragraph.

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‘This is the latter.’

In this case it is not that difficult to extract what the issue is because you only need to understand the content of the short paragraph.

What determines victory or defeat is how deeply and accurately you understand the issue and whether you can incorporate this into your answer.

‘Let’s read the facts.’

(1) Person A (age 33) admired Miss A (age 17) and courted her but she was rejected. Accordingly A decided to commit adultery with Miss A and followed her at 2 am. Meanwhile when Ms. A arrived at the commercial building to go to the reading room entered the password and went inside A immediately followed before the door closed and grabbed Ms. A’s arm in the commercial hallway.

Next A took out a 17cm diameter knife he had in his possession held it in front of Ms. A’s eyes and threatened to say ‘If you resist I will kill you’ and then committed adultery with Ms. A who was so frightened that she could not resist.

‘…What kind of bastard of a world.’

I always think about this whenever I solve a criminal law problem but the criminals in this problem are all like beasts covered in iron.

When he was over 30 years old he not only lusted after minors but even committed hideous crimes.

Even if you think it’s just a hypothetical case it feels bad enough.

Unfortunately most of the questions on the bar exam or mock exam were created by modifying actually existing precedents.

In other words there was a high possibility that this guy A had a real person who served as his motif even if the details were slightly different.

However now was not the time to be caught up in that discomfort.

What I need to do is judge the situation with a cool and clear mind and build up appropriate logic.

Even if only to become the person who makes these bastards pay for their crimes in the future. Even more so.

‘First of all there is no room for disagreement that the crime of rape under the Acheong Act is established.’

Article 7 of the Act on Sexual Protection of Children and Adolescents (Rape Forced Molestation etc. of Children and Adolescents)

① A person who rapes a child or adolescent through assault or intimidation shall be punished by imprisonment for life or imprisonment for a limited period of five years or more.

Since Ms. A is a minor and Mr. A committed adultery with Ms. A I do not see anything worthy of dispute in this regard. It was not a point of contention.

‘The problematic part is… whether this constitutes a special residential trespass for Party A.’

Article 319 of the Criminal Act (Housing Invasion and Refusal of Eviction)

① Any person who trespasses into a building managed by a person’s residence ship or aircraft or an occupied room shall be punished by imprisonment for not more than three years or by a fine not exceeding 5 million won.

②A person who fails to respond to a request to vacate the place set forth in the preceding paragraph shall also be subject to the same punishment as set forth in the preceding paragraph.

Article 320 of the Criminal Act (Special Residential Invasion) If a person commits the crime of the preceding article by showing the force of a group or a large number of people or carrying a dangerous object he or she shall be punished by imprisonment for not more than 5 years.

If special home invasion is established Party A’s crime is not simply rape but home invasion and rape as defined in the ‘Special Act on the Punishment of Sexual Violence Crimes etc.’

It is an extremely serious crime punishable by life imprisonment or more than 7 years in prison.

There are two things to consider here.

Whether the excess belonging to Party A is a ‘dangerous object’ as defined in Article 320 and whether the act of entering the shopping mall corridor constitutes ‘trespass’.

‘It is clear that the excess that Gap brought in is a dangerous product.’

The standard for a dangerous object is whether its nature or method of use is such that according to social norms it poses a threat of death.

A possessed a dagger for the purpose of threatening and raping the victim and even held it in front of the victim and threatened to kill her if she resisted so it is naturally a dangerous object.

‘And whether or not it constitutes trespassing… aha.’

As I looked over the definition of trespass and related precedents in the case of home invasion I found myself nodding my head.

This is because I realized Kang Chang-soo’s intention hidden in the problem.

The reason why this question was omitted from the bar exam after much deliberation.

And… about why this problem was thrown at me and Jang Hwa-eun.

‘If I’m right….’

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Jang Hwa-eun will never be able to solve this problem correctly.

* * *

Jang Hwa-eun who accepted the problem chewed her lip so hard that it bled.

‘That’s not even funny.’

Jang Hwa-eun always believed that she was superior. In fact the belief was not entirely without basis.

After receiving the highest score on the academic achievement test she entered law school at Korea University as if it were a given.

Although he had no particular interest in law itself he thought that the title proved his excellence.

After enrolling I naturally studied for the bar exam with the goal of becoming a judge.

Because it was the highest honor and elite course that a liberal arts student could enjoy in this country at the time.

If it were a time when fields other than law were considered the best I would have prepared for that.

However despite that belief a crisis came the moment he failed the first exam he took after taking a leave of absence from school.

In fact Jang Hwa-eun did not have much talent in law.

The theories and laws I learned in lectures felt like nonsense and I couldn’t understand them at all no matter how many times I read the precedents.

However I had already made a big fuss about preparing for the bar exam but now I couldn’t say I was giving up.

Jang Hwa-eun’s pride did not allow that.

In the end the path she chose was to give up understanding and literally memorize all the necessary phrases.

I memorize key words of precedents and legal principles for ten to twenty hours every day.

It’s like reciting a magic spell made from foreign characters without being able to reach the true meaning.

Of course there was no way I could pass the bar exam that way.

The bar exam’s tendency at the time was to place much more emphasis on in-depth understanding and rich descriptions than the current bar exam.

She failed the test again and again and when her parents’ eyes began to change from seeing a proud daughter to seeing a child with no virtue she gave up taking the exam.

He masturbated and said that it was not his fault but that he had no choice because the circumstances were not within his reach.

For Jang Hwa-eun it was a truly terrifying experience to have her faith in her own excellence shaken.

Rather than accepting it and growing from it I choose to ignore it deny it and make excuses for the rest of my life.

Fortunately I was able to achieve some success as an instructor.

Her daughter who had been raised by forcing her way to the point where it was almost like brainwashing from a very young age was still only walking the path that was close to the best.

The moment Han Seol became a law clerk and judge while following in the footsteps of Jang Hwa-eun she would be able to completely prove that she was right and break up with old wounds.

The problem was that a scoundrel from whom I don’t know where he came from had barged into this long-held secret garden and was setting up a fishing net.

‘Cheeky.’

A first-year law school student who didn’t even know anything was denying his entire life. It was something that could never be tolerated.

It was easy to ignore it but that kid named Park Yoo-seung was already having such a big influence on Jang Hwa-eun’s daughter.

If left alone the most precious ‘work’ she had created might be damaged.

In fact that was what Jang Hwa-eun feared the most.

At first glance she seemed like a terrible parent who manipulated her daughter according to her own greed and it was undeniable that what Jang Hwa-eun had actually done was close to abuse.

However Jang Hwa-eun also had her own affection for her daughter.

In fact it was no exaggeration to say that he was bigger than others.

It’s just that the failure he experienced was so scary and painful that he just wanted to let Hanseol live a life where he would never know such failure.

The problem was that because she was a defective product who could not overcome the wounds of the past her mind was operating in an infinitely wrong way.

More strictly. Coldly.

I justify myself by saying that although I will make my daughter give up many things and make her suffer it will not hurt more than failure.

That’s why Jang Hwa-eun agreed to this ridiculous confrontation. I had no choice but to agree.

An inner voice was obsessively pushing her to somehow exclude Park Yoo-seung immediately.

‘He’s nothing special anyway.’

How many years have you been an instructor and how many problems have you dealt with?

In fact as soon as she checked the contents of the envelope Jang Hwa-eun was able to compose an answer in an instant.

‘According to the Acheong Act the crime of rape is naturally acknowledged. ‘The key issue is whether or not home invasion is recognized as the crime of home invasion rape.’

It was an issue that I had solved and taught about several times.

This is such an easy problem for her who makes a living doing this.

After quickly writing down the answer to the first question Jang Hwa-eun quickly turned her head and looked at Park Yoo-seung’s movements.

“aha. Oh my.”

But for some reason the guy just kept making exclamations while looking at a certain point in the question without writing a single word on the answer sheet.

‘…What are you doing?’

Jang Hwa-eun frowned in confusion but she soon shook her head as if it was no big deal.

Whatever thoughts were passing through the child’s head it was none of Jang Hwa-eun’s business.

If you haven’t started writing the answer yet doesn’t that mean your skills are only limited to that level?

‘I just lived my mouth and in the end nothing happened.’

It was impossible for Jang Hwa-eun to guess that even she an instructor with decades of experience had discovered something that she had not noticed or that she was just taking a moment to ponder the mystery.