I Became a Law School Genius – 96
by Jessie@AFNCC
I Became a Genius Law School Student Episode 96
As soon as I opened the box lid what caught my eye was something unexpected.
“…USB?”
Certainly in order to pack something valuable into such a small package intangible information was better than tangible information.
So what data is contained in this?
I took out my laptop and plugged in the USB. While talking about removable disks I keep clicking on the icon for the new device.
“This is.”
I took a deep breath.
[1992.04~1992.10]
[1992.11~1993.05]
…
[201X.04~201X.10]
[201X.11~201Y.05]
[201Y.06~201Y.10]
There were dozens of folders lined up that seemed to organize things by year.
My heart pounded and my heart raced.
“no way.”
Kang Eun-sook who prepared this USB is a veteran lawyer with extensive experience as a detective.
In addition the years written in these folders overlapped quite a bit with the period when she was active in Songmu Field.
Maybe this.
Isn’t this a record of the ‘jobs’ handled by Kang Eun-sook?
The guess soon turned out to be true.
“Oh my god how many cases are there?”
Indeed the materials contained in the folder were about cases that Kang Eun-sook was actually in charge of.
It wasn’t just a simple summary of work performance.
[Name of charge: Violation of the Act on the Aggravated Punishment of Specific Economic Crimes Act of Negligence and Breach of Trust]
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[Facts]
[Litigation Strategy]
[Method of collecting evidence]
[Counseling and detention center interview records]
…
Being a criminal lawyer was not originally a noble profession that involved sitting quietly at a desk and elegantly sipping a cup of coffee.
In order to gather evidence that can sway a guilty verdict there are many cases where you have to run around and visit the scene and you have to go in and out of the police station and detention center to discuss with the client who has already been arrested.
The people they deal with in the process whether they are clients or witnesses are often of poor quality or have low levels of education as they are involved in crimes.
Therefore just knowing the law well does not mean that you are a wise person.
In order to truly receive a non-indictment dismissal or reduce the sentence at trial numerous know-hows that can only be learned in practice were essential.
How to deal with people.
If the client is booked the question is which evidence should be secured first and other things should be put off.
How to behave at the police station.
Precautions that must be conveyed to the client.
This USB contained all of the knowledge that Kang Eun-sook had experienced and acquired over the dozen years of her career as a lawyer.
“It’s awesome.”
To learn these things I actually had to work as an associate attorney under a competent partner for several years listening and watching.
It is similar to the apprentice-style education that took place in medieval guilds.
The difference was that unlike the old masters who had to somehow raise disciples to succeed them partner lawyers often had little interest in teaching their juniors.
As such it was essential to make an effort to study on your own by referring to the materials accumulated in the office.
But now before my eyes there was a report that allowed me to skip all that hard work and glean practical knowledge at once.
Of course I am not someone who makes a living as a lawyer but the know-how of others working in the same field often becomes my know-how.
In fact wasn’t the reason I went to intern at Jin & Ahn to pick up at least some of this knowledge?
Even so we only achieved superficial results when pumpkins came rolling in from an unexpected direction.
There won’t be much that will be helpful for your immediate studies.
However in my future life as a lawyer all of these materials were my blood and flesh.
“I don’t know what they were thinking when they told me this but…”
Since this has happened it would be wise to accept it with gratitude.
I smiled brightly and hugged the laptop affectionately.
* * *
There was a gap of several weeks between my internship at Jin & Ahn and the legal argument competition.
As it was a long-awaited vacation I thoroughly enjoyed this precious time without any schedule.
“okay? So no matter how incompetent hearsay evidence can be used as impeachment evidence there are certain limits to it.”
In other words I faithfully attended the study room every day and prepared for the court argument competition.
“Guaagh.”
Lee Ha-ru was even nauseated and shuddered but he couldn’t ignore it.
Even though this guy was in charge of utilizing the program rather than his own legal skills he still needed to know what he needed to know.
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“This is… vacation?”
“Where is vacation for law school students? ruler. “I can’t leave until I solve this problem.”
“Isn’t this a crime of confinement?”
“uh. The illegality is carved out as a legitimate act under the authority of the acting team leader. “Stop babbling and figure it out.”
In fact Han Seol the team leader is too soft on this guy so I need to step in as well.
I thrust the case book in Haru’s face.
[Problem 86. Permissible range of impeachment evidence]
<Common facts>
‘A’ was summoned as a witness in the trial where his old friend A was accused of murder. During the witness interrogation process ‘A’ testified “At the time the incident occurred I was playing chess in the room with A.” However another friend of ‘A’ B said that ‘A’ told his sister “Actually I was alone at that time.” He secretly recorded the conversation in which he confessed “I don’t want to believe that A is a murderer” and submitted it to the police.
1. Can the prosecutor use the recording submitted by B as evidence?
“ruler. “What is the issue in this case?”
Lee Ha-ru groaned saying that the question sounded like Professor Jang Yong-hwan’s and gave her PTSD but still the conditioned reflex of rolling her eyes felt like she was reading a passage.
“First of all… is the recording illegally collected evidence?”
Lee Haru looked at me and answered.
“Article 3 of the Tongbi Act. They said that recording someone else’s conversation is illegal and has no evidence. “This recording must be evidence of illegal collection.”
“Oh good.”
It is Article 3 of the Communications Secrets Protection Act that I mentioned when I took out the recording to send Go Cheol-soo away.
No one can record a conversation between other people that has not been made public and even if recorded it cannot be used as evidence in a trial.
It wasn’t a problem because I was the one who had the conversation with Go Cheol-soo but in this issue it was written that B secretly recorded the conversation between A and his sister who were clearly strangers.
Therefore the recording becomes evidence collected illegally contrary to the law.
“What next?”
“Next time… Um.”
Lee Haru who hesitated looked at the title in question.
“Can illegally collected evidence be used as impeachment evidence?”
“Correct answer.”
Impeachment evidence.
Article 318-2 of the Criminal Procedure Act (Evidence to contest probative power)
① Even if documents or statements cannot be used as evidence pursuant to the provisions of Articles 312 to 316 the defendant or a non-defendant (a person who investigated the defendant as a suspect or participated in the investigation before the prosecution was prepared for the trial or at the trial date) It may be used as evidence to dispute the probative power of the statement of (hereinafter the same shall apply in this Article).
The condolence sentences are extremely long and messy.
But surprisingly the concept of impeachment evidence itself was simple.
In a trial rather than physical evidence various testimonies and statements are used as evidence to support the verdict.
However there is no guarantee that what you say after standing in court and solemnly declaring ‘I will tell only the truth’ will be the truth.
People tend to tell lies for a variety of reasons and in a variety of situations.
Here the evidence used to point out that ‘what this guy said was a lie’ is impeachment evidence.
For example in court it was stated that it was A but it was said elsewhere that it was not actually A.
“Impeachment evidence does not necessarily have to meet strict requirements to be admitted as evidence. “The credibility of a statement ultimately depends on the judge’s subjective judgment and the impeachment evidence is ultimately just supplementary material used there.”
That is the meaning of that bizarre sentence written in Article 318-2 of the Criminal Procedure Act.
“But it does not constitute illegally collected evidence.”
“yes. “The purpose of the Criminal Procedure Act is to completely banish illegally collected evidence from the world of trials.”
conclusion. B’s recording cannot be used as impeachment evidence.
“I’m doing well but I’m having a hard time.”
“…I’m a monkey? “I can’t even answer what I was teaching you just a moment ago.”
“You can’t even teach me the game you just taught me.”
“What what what what?”
Lee Ha-ru who was trying to hide his embarrassed expression got angry and kicked off his chair.
“Let’s see how much our disciples have grown in a long time.”
“Just right. “I really fell behind.”
We both turned on our laptops and accessed the game.
The fighting game I enjoyed was now in a series that was now available in a version that could be played on PC.
I didn’t have much experience playing games on the computer so it was a huge advantage for Lee Haru.
– KO!
Of course that doesn’t mean you can win.
“…I study all the time so why on earth am I good at this?”
After achieving a clean five-game winning streak Lee Haru fell down on his desk.
Although he had to pick up the bullshit he seemed to have relieved some of his stress perhaps thanks to the dopamine rush of the game.
‘Sometimes it’s necessary to let things go like this.’
Either way the journey to the bar exam was going to be a very long and arduous time.
I’m the kind of person who doesn’t know what to do because studying the law itself is fun and Hanseol’s patience is already at a superhuman level.
However not everyone was able to endure three years of law school without incident.
In order to avoid collapsing or breaking down in the middle I had to constantly revitalize my body and mind.
Especially during exam periods or when preparing for competitions like now I couldn’t help but get tired as I was cramming so many things into my head.
Even when I was concentrating on preparing for the bar exam I never stopped going to the arcade.
There had to be a corner everywhere to take a breather.
As I was resting for a while the door clicked and Hanseol came into the study room.
“What are you doing now?”
“I need to take a moment to find out something. By the way did you see the notice posted?”
“What notice?”
“Ugh. Where are you putting your mind? Of course it’s about the legal argument contest.”
A few weeks had passed since the incident with Jang Hwa-eun and Han Seol’s attitude had completely returned to normal.
Occasionally he would stand blankly as if lost in thought but it was his duty to pretend not to see that much.
‘By the way if it’s a debate contest… aha.’
I could guess what the notice that Hanseol had come to see was. It was definitely something worth making a fuss about.
“Look here. “What on earth does this mean?”
The part of the legal argument contest which is considered the biggest unreasonable number in the original work.
‘In the Law School’ has given up on historical research in various aspects for the sake of fun but it was this legal argument competition that felt the most disconnected from the reality that became its motif.
‘But ironically… it was also my favorite part.’
Without showing it I pretended not to know anything and accepted the smartphone that Hanseol held out to me.
“What is it?”
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