Chapter 7

Chapter 7

[Translation By Divinity]

“Um… Case No. 2015Godan4531, illegal filming using a camera, etc., the witness examination is scheduled for today.”

“Which trial date is it?”

“…It’s the 3rd.”

“The 3rd?”

Upon hearing this, Kang Hyun instantly grasped the situation.

Usually, if the defendant readily admits to all charges, the trial concludes in two sessions: the first trial and the sentencing. But something must have gone wrong, as this was already the third hearing.

‘This means the trial isn’t going well. They must have submitted the evidence list, but the defendant’s side raised an objection, and the judge likely accepted it, postponing the trial to allow for the submission of additional evidence.’

As Kang Hyun remained silent, the clerk provided the remaining information.

“The presiding judge is Judge Choi Ho-jung, and the prosecutor in charge of the trial is Prosecutor Kim Jung-min. Are you here to observe the trial?”

“Ah, no. Thank you. Is there a place where I can use a computer?”

“Yes, you can use the public PC over there.”

Kang Hyun thanked the clerk and headed towards the public PC.

‘Could it be…?’

Feeling nervous, Kang Hyun sat down at the PC and searched for information on legal professionals and news articles. The situation was as he had expected.

‘Judge Choi Ho-jung is known for being meticulous and is also famous for being defendant-friendly and issuing lenient sentences. Prosecutor Kim Jung-min is a law school graduate and the youngest in terms of seniority.’

The fact that the prosecution hadn’t even called him in for questioning beforehand suggested that the situation was quite urgent.

‘But why? The evidence is clear, and the arrest was made on the spot.’

Kang Hyun crossed his arms for a moment, letting his mind wander.

‘There’s definitely something going on.’

As he headed to the courtroom, Kang Hyun pondered deeply.

‘If necessary, I’ll have to change the situation and turn things around with my testimony.’

Kang Hyun continued running simulations in his head as he walked towards the designated courtroom.

Realistically, to achieve anything with his testimony, he should have been poring over the case files and racking his brains. But Kang Hyun didn’t have that luxury.

He was neither a lawyer nor a prosecutor yet.

He entered the courtroom on time, took a seat, and waited for a bit. People were seated, looking ahead, waiting for the trial to begin.

On the left, he noticed a busy-looking prosecutor, and on the right, a lawyer flashing his badge with a relaxed demeanor, along with ‘that guy,’ took their seats.

Soon, the trial began.

“All rise.”

The court officer announced in a loud voice, and a few people in the gallery, the prosecutor, the lawyer, and even ‘that guy’ stood up as the judge entered.

Judge Choi Ho-jung, known for being meticulous about procedures, sat down with a frown, deepening the wrinkles on his face.

“Please be seated.”

Kang Hyun took a seat in the back and looked forward to the start of the trial with excitement.

This was his first time in a courtroom.

Moreover, it was his first time witnessing a trial, but instead of nervousness, he felt a strange sense of familiarity.

On the left was a young prosecutor, clearly a rookie, with a passionate and sharp expression, organizing his documents until the last minute.

He was the junior prosecutor from the trial division mentioned in the information he had seen earlier, but the fact that he was attending the trial alone despite his low seniority suggested he was a promising elite.

Perhaps his only shortcoming was ‘experience.’

On the other hand, in the defendant’s seat, there was a lawyer overflowing with the aforementioned ‘experience,’ looking at the prosecutor with a leisurely air. It was as if he was thinking, *’This young pup is acting up, I need to teach him a lesson.’*

‘Let’s see how this plays out.’

In this atmosphere where a battle of nerves was already underway even before the trial started, Kang Hyun recalled his memories to remind himself of his role.

Finally, the judge looked alternately at the defendant’s and prosecutor’s seats and began to speak.

He had a troubled expression, as if something wasn’t going well, but the details were still unclear.

“Case No. 2015Godan4531, defendant Han Jae-soo, let’s begin. Defendant.”

The lawyer with the shiny badge and neatly combed hair carefully helped the man called Han Jae-soo to his feet. It seemed he wasn’t just a public defender but a lawyer hired from a large law firm.

‘He’s a good actor.’

But that defendant, who had been shouting at Yoon Ha-neul earlier, was now cowering completely differently. He had a pitiful expression on his face, filled with feigned innocence. It was pathetic.

‘Looks like he has some money.’

But that didn’t mean Kang Hyun had any intention of watching him walk free.

To prevent that, he needed to focus on understanding the circumstances and how the situation had unfolded.

After the formalities were over, the judge looked at the ‘evidence list’ and turned to the lawyer.

“Defense counsel, do you have any further comments on what you argued at the last hearing?”

“Yes. We deny all charges and object to all evidence listed, including Exhibit 1, the first defendant interrogation record, Exhibits 2 through 4, the investigation reports, Exhibit 5, the defendant interrogation record, and Exhibit 6.”

‘What!?’

Kang Hyun froze at the lawyer’s response.

To object to all evidence, claiming it was all faulty, was an absurd argument. There were clearly photos taken with the phone, and he must have confessed and apologized during the investigation. How was this even possible?

‘Could it be…?’

Kang Hyun suddenly realized why he had been called as a witness.

A worry that had briefly crossed his mind on the subway that day resurfaced.

‘Illegally obtained evidence.’

He clearly remembered handing the phone to the railway police. But what if they simply took it without doing anything and submitted it as evidence?

‘Article 308-2 of the Criminal Procedure Act. Evidence collected without following due process cannot be used as evidence. This is it.’

Kang Hyun grimaced as he grasped the situation.

According to the Criminal Procedure Act, when seizing evidence at the scene of a crime or immediately afterward, there’s a procedure to obtain a warrant later, which they clearly missed.

“Order in the court!”

Judge Choi Ho-jung frowned deeply as the courtroom buzzed with the lawyer’s words.

‘Such a simple case…’

There was a reason why Prosecutor Kim Jung-min was struggling with this seemingly easy case.

The judge turned his head and spoke sternly again.

“Prosecutor, did you bring any additional evidence to refute the defendant’s claims from the last hearing?”

“That’s…”

The prosecutor stood up.

After a brief silence, Prosecutor Kim Jung-min lowered his head slightly and began to speak.

“Regarding Exhibit 1 submitted by the prosecution, the defendant stated in the first suspect interrogation record that he voluntarily submitted the mobile phone in question…”

“Prosecutor, we’ve already discussed that. So, you postponed the trial to the next date to check for additional evidence such as a voluntary submission consent form, didn’t you?”

The judge sighed deeply.

Then, the triumphant lawyer stood up and confidently gestured with his hands.

“Your Honor, as we stated in our opinion on the evidence, the defendant only agreed to the police’s request during the first investigation because he was flustered. From the second suspect interrogation onwards, he has consistently stated that his mobile phone was forcibly taken from him, so the prosecutor’s argument is incorrect.”

“I understand. Please be seated, counsel.”

The judge shook his head, watching the lawyer sit down with a sly grin hidden on his face.

Even for Judge Choi Ho-jung, this case seemed incredibly frustrating. It was understandable, considering the phone was full of inappropriate videos taken on the subway, but they couldn’t be used as evidence.

‘If the evidence is inadmissible, it’s the same as having no evidence under the current law. My claim that I saw him committing the crime won’t be enough. If things go wrong, that bastard might be acquitted.’

Realizing the gravity of the situation, Kang Hyun started to think.

“Anyway, today is the witness examination date, so let’s proceed with the witness examination requested by the prosecution. Is the witness present?”

The judge called for Kang Hyun.

Finally, it was his first time attending a trial as a witness.

Kang Hyun stood up abruptly and walked towards the witness stand.

“Yes, I am present.”

Although it was his first time in court, Kang Hyun answered in a calm and composed voice.

The judge, who had been told the witness was a high school student, looked at him with a strange expression, surprised by his confident gait and steady demeanor.

“Very well. Do you have any reason to refuse to testify?”

“No, I don’t. I’d like to take an oath.”

The judge smiled at the witness who volunteered to take an oath, as if thinking, ‘Look at this kid.’

Soon, after the oath was taken, the judge said.

“Prosecutor, proceed with your examination.”

The prosecutor, with tightly pressed lips, stood up in front of Kang Hyun, nodded meaningfully, and greeted him with a “Please take care of us.”

The first encounter with a prosecutor.

At this moment, Kang Hyun felt an inexplicable surge of emotion rather than pressure.

A kind of excitement, perhaps?

But the prosecutor, unaware of Kang Hyun’s feelings, asked with a desperate hope to gain something from him.

“Witness, you were present at the scene on the day of the incident with the defendant and the victim, correct?”

“That’s correct.”

“Then you must have seen the defendant hand over his mobile phone to the police, right?”

“…”

Kang Hyun paused before answering the prosecutor’s question and immediately grasped the situation.

‘Something’s wrong!’

From the way he was speaking, it seemed Prosecutor Kim Jung-min wanted Kang Hyun to testify that ‘the defendant willingly handed over his phone.’

If that happened, the most critical procedural error, the ‘issue of not executing a warrant,’ would be resolved.

But how could he say that when it wasn’t true?

The situation was dire.

They must have confirmed with the police in charge, yet such a mistake! The police must have lied to avoid responsibility.

‘I was the one who handed over the phone, so it can’t be considered that he voluntarily submitted his phone, and they should have executed a warrant.’

In other words, the police had lied. They had said, ‘The suspect apologized and said he would voluntarily submit his phone, so we skipped the post-seizure warrant procedure and used it as evidence.’

The prosecutor, believing the police’s words, assumed the defendant was lying in court and had called Kang Hyun as a witness.

The truth was, they hadn’t obtained the phone with the defendant’s consent, and the police had failed to get a warrant.

‘This is tricky.’

If Kang Hyun told the truth, the culprit would be released, and if he lied, he would be committing perjury.

The prosecutor, unaware of his inner turmoil, repeated the same question when Kang Hyun remained silent.

“Witness, can you explain the situation in detail?”

“…”

Kang Hyun paused for a moment, organizing his thoughts.

It was time to use his wit and come up with a strategy. His every word could become crucial evidence.

Then, suddenly…

‘Ah!’

A clear and simple solution came to Kang Hyun’s mind. A smile involuntarily formed on his face.

And he quickly organized his thoughts and began to speak.