I Became a Law School Genius – 94



I Became a Genius Law School Student Episode 94

The hand that was writing down the answers to each question one by one touches the corner of the paper and soon stops.

Everything that needed to be solved was solved.

Immediately after that a booming vibration passed through the desk.

It meant that the time limit had expired.

“I can’t believe I spent all my time solving this problem.”

Jang Hwa-eun burst out laughing.

“There’s still a long way to go.”

“Resolving it quickly is not the solution.”

I just shrugged my shoulders.

I also had a good understanding of the speed battle but this time I deliberately took it slow because there were parts I wanted to review.

Of course there was no need to explain that.

Everything ultimately boils down to results.

“Who will announce the answer first?”

Jang Hwa-eun stood up in response to Kang Chang-soo’s question.

“Let me do it first.”

He had a confident attitude as if he was going to teach him a lesson.

“First of all question 1. The most important thing is to distinguish between the parts that are controversial and those that are not. “There is no room for interpretation or dispute that A’s actions constitute rape under the Acheong Act.”

Since Ms. A is a minor at 17 years old it should be covered as a crime under the Sexual Harassment Act that is the Act on the Sexual Protection of Children and Adolescents rather than under the general criminal law.

Since the person committed adultery with the intention to commit adultery the crime of rape is naturally established and there is no need to add anything about this.

The point of contention is whether the act of Person A walking behind Miss A and entering the commercial building while hiding a knife constitutes a special residential trespass.

As an experienced instructor Jang Hwa-eun addressed that part first.

“There is no room for debate as to whether a knife constitutes a dangerous object for trespassing into a special residence. All you have to do is write down the concept and then accept it as applicable.”

The real issue is next. It is necessary to clarify the meaning of ‘trespass’ in the crime of trespassing under Article 319 of the Criminal Act and determine whether A’s act of entering the commercial building constitutes trespassing.

“The precedent defines the meaning of trespass as ‘a de facto act that harms the tranquility of a residence.’”

Jang Hwa-eun spit out the exact expression used in the precedent without making a single mistake.

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A mechanical tone as if a copier was spitting out paper sheets with printed contents.

It felt strange because it reminded me of Han Seol when I first met him.

“Entering a common area of ​​a residential space such as an apartment such as a hallway staircase or elevator can be a trespass and even if it is not necessarily inside a building entering a ‘surrounding area’ that is separated by a wall or fence can also be trespassing.”

Wiyoji refers to the land attached to a building such as a yard or parking lot.

This means that if a space like this has clearly marked boundaries and it is possible to tell that it is private property it will be subject to trespassing.

“However the precedent denied the establishment of the crime of forcible molestation by entering a commercial building and forcibly molested the victim and held that only forcible molestation was established.”

Unlike residential spaces such as apartments or private houses in the case of commercial buildings the precedent generally denies the establishment of trespass.

These are the basic precedents that you must know if you are studying residential trespassing which is written in any exam book.

Jang Hwa-eun who said that came to a conclusion.

“In the case the place where A followed Ms. A into a commercial building. “If we follow the precedent the establishment of home invasion is denied and only the rape part is recognized so Party A is guilty of rape under the Acheong Act.”

It was a neat solution.

In the case of residential trespassing the definition of trespassing is first revealed and precedents that determine whether trespassing is legal or not depending on the type of place are used as a basis.

Next find commonalities with the issue and conclude with a conclusion.

It was evident that he had crammed all the precedents he needed to write his answer into his head without leaving them out.

It seems like all the years that passed were not for nothing.

‘but.’

That’s why you’re wrong.

“Acupuncture is illegal and constitutes rape under the Acupuncture Act. “Is that the final answer?”

“okay.”

“Wrong.”

“what?”

Only superficial memorization can never capture the intention of Kang Chang-soo who designed this problem.

I spat out to the ghost haunted by my long-standing failure.

“And that’s also why you don’t deserve it.”

“What nonsense.”

Jang Hwa-eun’s irritated voice was cut off.

“The precedent denies trespassing in the case of commercial buildings. On the other hand in the case of apartments or public housing trespassing is affirmed. Well that’s good.”

The problem lies beyond that.

“Why is that?”

why?

Why are apartments approved and shopping malls denied? Why on earth does the precedent come to that conclusion?

Only those who asked themselves the question and tried to find the answer could solve this problem correctly.

Faced with an unfamiliar question Jang Hwa-eun froze for a moment.

The eyes which seemed cold waver in despair.

However free time does not mean wasted eating. Soon Jang Hwa-eun found an answer among the precedents stored in her mind.

“That’s because… the ‘actual act of action’ that constitutes an intrusion must be judged objectively and externally.”

A de facto act that harms the tranquility of a residence.

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What is important here is the expression ‘de facto mode of action’.

To put it a little more broadly it means that the behavior of the person entering must give off a criminal smell when seen from the outside.

Examples include kicking down a door breaking it jumping inside or climbing over a wall.

Clearly if a person who is not permitted to enter enters in an unauthorized manner it is considered trespassing.

On the other hand if you pass through in a seemingly normal manner it is not recognized as trespassing even if it actually had a criminal purpose.

“According to precedent a shopping mall is a place where the general public is allowed to enter. Even if it can be seen that the suspect had criminal intent and that the store owner would not have allowed entry if he had known about it that alone does not allow trespassing.”

“no. “Everyone knows that.”

That is the purpose of the basic legal principles and precedents. But that’s not what I asked.

“What I’m saying is… what did the precedents look at to make that decision?”

It is true that shopping malls are generally places where the general public is allowed to enter. After all in order to do business you need customers to come and go.

But if you put it that way the same applies to apartments and public housing.

In many cases spaces such as hallways elevators or parking lots where trespassing was acknowledged by precedent were in fact open for anyone to enter and exit.

However this is why the apartment complex admits the intrusion and the shopping mall denies it.

A crucial difference between the two.

The precedent is what are you looking for?

“that….”

Jang Hwa-eun frowned.

don’t answer I can’t answer.

Whether as a test taker or after becoming an instructor she has always insisted on mechanically inputting and outputting only the theories and precedents needed to write answers.

Although it seems efficient at first glance it is an insufficient method.

In the end you can only find out why the precedent reached that conclusion and what it looked at and judged by reading the full text of the precedent and digesting the underlying logic for yourself.

So I decided to teach him kindly.

“The answer is whether there are facilities to control the access of outsiders such as CCTV access control devices.”

“…!”

Jang Hwa-eun’s pupils dilate greatly.

“Actually that’s true right? What is the external basis for restricting or allowing the passage of the general public to a certain place? “Whether there is a device to control access rules or security there has to be something that is visible on the outside.”

That’s right.

The question that came to mind a moment ago was actually a bit incomplete.

Just because it’s an apartment doesn’t mean it’s okay to break in.

Apartments which are residential spaces are ‘generally’ equipped with various facilities to control the traffic of non-residents.

There are quite a few complexes where security guards monitor the common areas by looking at CCTV in three shifts and in addition door locks that require a password to be opened from the first floor are installed.

Even if it is an apartment or even a private house if there are special circumstances that indicate that such management is not carried out at all intrusion is not recognized.

For example the owner of the house was a person with very unusual beliefs so he put up a sign saying that all passers-by were welcome and left the door wide open for anyone to come in and out.

Although this is an extreme case sticking your head into a house like this out of curiosity will not constitute a home invasion.

That means.

“In other words… no matter how much it is a shopping mall.”

I tapped a certain part of the question paper with my index finger.

“This means that if the general public is not permitted to enter and there are special circumstances that indicate an unusual method of passage a home invasion can be established.”

It is clear what that special circumstance means here.

This is the part I’m touching.

“Let’s read the passage again. 2 o’clock in the morning. Miss A said she entered the ‘password’ and entered right?”

Entering a password means that a door lock has been installed that will not open unless the password is entered.

Considering that the time zone is 2 a.m. anyone can pass through during the day but at night access is restricted to only a certain number of people who have received a password in advance.

“For example… students who have quit reading rooms that are open 24 hours a day could be the target.”

In many cases reading rooms are open 24 hours a day for students who study all night.

However since other buildings in a shopping mall usually close late at night there is no reason to keep the building open throughout the morning just for reading room users.

Therefore unlike during the day it should be seen that access to the commercial building in question is restricted at night.

“A time period where only a certain number of people are permitted to enter. Can an outsider who does not know the password and secretly jump in after a student be called a ‘normal way of passing’? “That won’t be possible.”

Therefore the crime of trespassing is established.

Since the person who broke into the home committed the crime of rape the crime of home invasion rape is also established.

The correct answer is that Party A is guilty of home invasion rape under the Act of Aggressive Harassment.

“When citing precedents.”

I smiled at her just like Jang Hwa-eun did a moment ago.

“You must clearly understand its purpose.”

The blood drained from Jang Hwa-eun’s face.