I Became a Law School Genius

Chapter 49

『 Translator – Divinity 』

“Article 310 of the Criminal Procedure Act. Corroboration rule.”

Han Seol’s clear voice resonated.

Article 310 (Admissibility of unfavorable confession) A confession of the accused shall not be admitted as evidence against him when it is the only evidence unfavorable to him.

The corroboration rule is a provision that states that to use a defendant’s confession as evidence, there must be at least one other piece of evidence to support its credibility.

The reason is simple.

Korea had experienced a long period of authoritarian rule, and coercive investigations by investigative agencies wielding excessive power were commonplace.

It was also common to obtain false confessions through human rights-violating methods such as torture or threats.

To prevent this, it was necessary to eradicate the trend of police and prosecutors relying solely on the defendant’s confession.

It was in a similar context to the exclusion of illegally obtained evidence.

“All the remaining evidence submitted by the prosecution has lost its admissibility. It’s as if it never existed in this courtroom. Then, even if the defendant’s confession is valid, there is no corroborating evidence to support it.”

Han Seol concluded,

“In other words, ultimately, the defendant’s confession cannot be used as evidence either.”

“Ha, haha.”

However, Jeong Min-sik burst into laughter.

Rather than someone whose last resort had been sealed, he looked as if he was convinced that he had finally gained the upper hand.

“I was wondering what you were going to say.”

Jeong Min-sik turned towards Jang Yong-hwan.

“Your Honor, I object!”

“Permission to speak granted.”

As Jang Yong-hwan nodded, Jeong Min-sik asked us,

“What we are talking about, the issue at hand, is the confession the defendant made during the first trial. Correct?”

“That’s right,”

I replied.

“It’s not a confession made during the investigation, during interrogation by the prosecution or the police. It was made in the courtroom, in front of many people, and especially before Your Honor, after being given the opportunity to speak. There’s no mistake about that, right?”

“Of course.”

“Your Honor,”

A triumphant smile spread across Jeong Min-sik’s face.

“Then, the prosecution will argue that the corroboration rule does not apply to the defendant’s confession.”

“Why is that?”

Jang Yong-hwan asked with interest.

“The prosecution is also aware of the corroboration rule. The legislative intent behind it is to correct the malpractice of investigative agencies relying solely on confessions and to prevent obtaining false confessions through unlawful means.”

“That might not be all… but it’s certainly the core.”

“Then, the target that the corroboration rule regulates should naturally be considered confessions made ‘during the investigation’.”

‘Ah, he noticed.’

Jeong Min-sik continued his argument confidently.

“Confessions made in court are different from those made during the investigation. They are made here, where many people are watching and monitoring, where lawful procedures are guaranteed, and most importantly, before Your Honor, who will judge fairly, after being given the opportunity to speak.”

“Naturally,” Jeong Min-sik cleared his throat.

“It’s an environment where the defendant’s voluntary will is respected to the utmost, and the pressure from investigative agencies is excluded. To extend the scope of the corroboration rule even here goes against the principle of criminal trials to reveal the truth and is no different from distrusting Your Honor and the authority of the court.”

Then he added,

“Or does the defense counsel have any precedents to support their argument?”

I was inwardly impressed.

‘Sharp.’

The corroboration rule was a provision to correct the malpractice of investigations.

Therefore, there was actually room for debate on whether it also applied to confessions made by the defendant during the trial, not during the investigation.

For example, in Anglo-American countries, confessions made during trial are considered evidence in themselves.

In Korea, there had been no precedents dealing with confessions in court for at least the past 20 years, and it was a topic of heated debate among scholars.

This was the reason I had been racking my brains until the very end.

Since this Kim Gab-dong guy had blatantly confessed in front of the judge, it wasn’t easy to come up with a solid logic to refute it.

The biggest problem was that I couldn’t find any relevant precedents.

Relatively recent precedents could be searched online.

But if we had to look up precedents from the distant past, there was a high chance that they wouldn’t be digitized.

Jeong Min-sik, who seemed to know this, perhaps because he had researched it beforehand, said triumphantly,

“If the defense counsel truly wants to argue that the defendant’s confession is invalid, they need to bring a valid basis.”

But how could I bring a precedent that couldn’t be found even after searching everywhere, even with ‘Effortless’? It was impossible.

Unless I was a crazy memorization king who had crammed dozens of precedent collections into my brain, from the latest editions to the old, dusty first editions that could only be found in old bookstores.

‘…But, there is one.’

I winked at Han Seol.

‘Such a crazy person…’

“66do634.”

“There’s no way you could have that. Just admit defeat…”

“‘Confessions’ made in court or statements to investigators as a suspect are not distinguished.”

“What…!?”

As Han Seol recited the case number in a low voice, Jeong Min-sik’s eyes widened as if they would pop out.

“N-no way.”

He clutched his head in disbelief.

“I’m sure there was no such precedent in the precedent search engine! Are you just making things up…”

“No. That’s not true.”

At that moment, Jang Yong-hwan shook his head.

“Supreme Court case 66do634 is a real en banc decision. These days, it’s not often dealt with as a separate issue, and its meaning is rarely discussed. It’s often omitted from textbooks.”

“That…”

A precedent from over 50 years ago, a time when no one here was even born.

There was no way they could know such an old and outdated precedent.

‘It’s a godsend that Han Seol is my teammate.’

When I instructed Han Seol to study this and that part of the procedural law, she immediately went to the bookstore and swept up all the precedent collections, then achieved the feat of memorizing the entire relevant section.

She said it wasn’t that difficult since the scope was limited.

It was a mystery how she could copy the letters from the book into her head like a photocopier before even understanding the legal principles.

Thanks to that, the match was decided.

Jeong Min-sik seemed speechless, his mouth opening and closing.

It seemed like he was trying to come up with a counterargument, but there was no way to overturn the situation now.

After standing there for a while, Jeong Min-sik finally lowered his head.

A dry voice escaped his cracked lips.

“…I, I…”

It was like the groan of a beast caught in a trap and wounded.

“…Lost?”

His empty eyes turned towards us.

“I, I worked hard. More than anyone else. I poured everything I had into studying.”

Money, time, energy, even his heart.

“But why… why did I lose?”

It was then that I realized why he hated me.

“Why… why can you know things that I don’t?!”

‘You were scared.’

Despite working himself to the bone, Jeong Min-sik couldn’t achieve the top spot.

Shin Seo-joon, the perfect superhuman, and Han Seol, the memorization machine, were both above him.

And now, even I, who seemed like a good-for-nothing living a wasted life, had finally overtaken him.

It was understandable that he couldn’t comprehend why he had been working so hard, why they could easily obtain things that he couldn’t.

The fear of having his life’s path completely denied.

That was what was driving Jeong Min-sik.

‘Really…’

Competition is cruel.

Everyone tries their best, but not everyone can be number one.

Most people can’t bridge the gap between their eyes, which are always looking upwards, and the ground beneath their feet.

Actually, Jeong Min-sik was considered to have overcome that gap quite well.

After all, he was maintaining a top-tier ranking in the best law school in the country.

But the desire to improve was a monster that knew no satiation.

When it hit the wall of reality and could no longer consume what it desired, it would bite and devour its owner’s flesh.

It hurts. It’s unbearable for a sane mind.

I wasn’t someone who didn’t know that pain.

After failing to reach the interview stage of the bar exam and losing my deferment, I had to face constant failure.

Every year, a new list of successful candidates was announced, but my name wasn’t there.

Because I had to pay off my debt, because I was working myself to death… such excuses were meaningless.

Of course, people would understand if they heard my circumstances, but I couldn’t accept it myself.

The fact that I wasn’t standing among the shining successful candidates tormented me.

Perhaps that’s why I worked even harder to the point of death.

Literally, to the point of dying and being reincarnated like this.

“…”

Jeong Min-sik didn’t raise his head.

If he were to break down here, it might actually be an easier path for him.

If he accepted that he couldn’t always win, if he understood that everyone faces their own limitations, learning to be content might be healthier.

‘But… I don’t like it.’

Jeong Min-sik, this guy was a bad guy.

He was jealous and hateful towards me, who had done nothing wrong, and even hurled insults.

There was no way I would let such a jerk find peace of mind and settle down.

‘No, I can’t stand to see that.’

More than anything, I didn’t want to see it.

The sight of the flames of fighting spirit and motivation that burned in his life being extinguished so pathetically.

Therefore,

“Why did I lose?”

You need to burn even brighter.

“That’s obvious, isn’t it?”

I said with a triumphant grin and a mocking tone.

“Because I did the same.”

“…What?”

For the first time, Jeong Min-sik raised his head.

“Do you think you’re the only one who worked hard? I worked my ass off too. When I was sleepy, I stabbed my hand with a mechanical pencil until I bled, and I even tried taping my eyelids open to keep them from closing. I flipped through the pages so much that the skin on my index finger wore off, and my fingerprints disappeared.”

I raised my right hand.

There were scars and scabs from stabbing myself with something, and my index finger was smooth.

The calluses etched between my fingers gleamed under the light.

I had reached this point in just a few months in this new life.

Then, including my previous life, the thickness of the calluses engraved on my soul would be even greater, not less.

“Do you want to win?”

I stared directly at Jeong Min-sik.

“Then try harder, you punk. Put your life on the line.”

At least,

“That’s what I’m doing.”

It’s fine to hate me.

But I didn’t want him to misunderstand that I had reached this point with less effort than him.

No matter how hard he struggled with law, it couldn’t compare to the time and passion I had dedicated.

Acknowledge me.

And through that, acknowledge yourself.

“…!”

Jeong Min-sik’s empty eyes widened.

I could see something flickering within them.

A tenacious spark, weakening as if about to be extinguished, but then reigniting.

“…That should be enough.”

Jang Yong-hwan, who had been watching with his eyes closed, quietly muttered.

“It’s closing time. Prosecution, present your opinion.”

“…”

“If you don’t speak, I’ll consider it as what’s written in the submitted brief, the indictment. Is that alright?”

“…Yes.”

“Then, defense, present your closing argument.”

‘Ah, that was long.’
The countless pieces of evidence pointing to the defendant Kim Gab-dong’s guilt.

I had nullified each and every one of them by revealing their illegality, and finally, even Kim Gab-dong’s own confession, the last one remaining, was rendered unusable.

The thick case record, dozens of pages long.

There was not a single line left in it that could be used to prove Kim Gab-dong’s guilt.

“We will now present our closing argument.”

I slowly stood up and began to speak.

“The defendant has been charged with murder under Article 250 of the Criminal Act and drunk driving under Article 44 of the Road Traffic Act. However, as shown in the evidence investigation, there is no evidence left to prove the defendant’s guilt for each charge.”

If guilt cannot be proven, then innocence.

When in doubt, for the accused (in dubio pro reo).

Then, the conclusion was obvious.

“Therefore, we ask Your Honor to acquit the defendant under the latter part of Article 325 of the Criminal Procedure Act.”

Article 325 of the Criminal Procedure Act (Acquittal) When the accused’s act does not constitute a crime or there is no proof of the facts of the crime, the court shall render a judgment of acquittal.

The very thing commonly called acquittal due to insufficient evidence.

Silence followed, and a deep wrinkle formed between Jang Yong-hwan’s brows.

“…I pronounce judgment.”

Finally, Jang Yong-hwan declared.

“The defendant, Kim Gab-dong, is not guilty. The winners are the team of Park Yoo-seung, Han Seol, and Lee Ha-ru.”