Chapter 55 — Your Illegality Is Excluded at the End of a Swaying Sword (3)
Donggu, who had been lying down, suddenly sat up.
Spring!
"Now's the time."
While confined at the provincial office, Donggu had been constantly searching for an opportunity.
And now that the hearing had begun, he had the perfect chance to search the provincial office.
To prepare for the hearing, Jo Jinkyung had assigned more men than usual to guard the outside.
As a result, security inside was considerably lighter than normal.
Naturally, Jo Jinkyung was aware of this, but he wasn't particularly concerned.
There's very little chance that the leader of the eight provinces will cause trouble in the meantime.
If he starts a disturbance during the hearing and gets caught, every member of his bandit group could be executed for treason.
...And whoever is backing him wouldn't be foolish enough to give such an order.
Even so, Jo Jinkyung had taken precautions.
He had ordered Donggu to wear a wooden punishment collar throughout the hearing and stationed a guard outside the empty room where he was confined.
But those measures were practically meaningless to Donggu.
CRACK!
Donggu casually shattered the wooden collar and swiftly hid himself.
"W-What was that?!"
Rattle!
The guard stationed outside hurriedly opened the door and rushed into the room.
But Donggu was nowhere to be seen.
"...!"
"T-This is terrible!"
"Where has the leader of the eight provinces gone?!"
Donggu, who had been hiding in a corner, lightly struck the guard on the back of the neck.
"...Huh?"
Thud.
The guard collapsed.
Donggu looked down at him for a moment, changed into the guard's clothes, and walked outside.
"He'll wake up soon."
Doyul began speaking.
"The defendant, Hong Myeong, stands accused of robbery."
"However, that accusation does not reflect what actually happened."
"What is the representative's argument?"
"Hong Myeong was merely attempting to treat Eunggyo Seo."
"Merely attempting to treat him..."
Jo Jinkyung remained completely unmoved by Doyul's statement.
"Hmm..."
Doyul had expected the governor to challenge his argument.
Instead...
"I see."
"But... so what?"
"...!"
Jo Jinkyung waved his hand dismissively, looking thoroughly bored.
"If you say that was his intention, and Hong Myeong himself makes the same claim, why should I deny it?"
"I have no desire to see innocent people falsely accused."
...What's his intention?
"Since there are no other circumstances that would give me reason to reject your claim, let us accept it as true."
"...Then does Your Excellency acknowledge that Hong Myeong was attempting to provide treatment and reject the allegation that he was committing robbery?"
...Does he intend to release Hong Myeong so he can extort more wealth through further negotiations?
That's fine.
As long as I rescue Hong Myeong and get Donggu out afterward, the immediate problem will be solved.
But Jo Jinkyung's answer was unexpected.
I don't know what you're plotting...
But I certainly can't allow everything to go exactly as you want.
"One of the representative's claims is correct, and the other is incorrect."
"...What do you mean?"
Jo Jinkyung smiled.
"If you insist that Hong Myeong's intended action was medical treatment, I have no reason to deny it."
"However, that is all."
"...!"
Jo Jinkyung gave the startled Doyul a malicious smile.
That brat... I heard he uncovered the truth behind the death of an official in Yeongsan.
"Dosa, bring me the Great Ming Code."
"As you command!"
At Jo Jinkyung's instruction, Seo Gyeongsik hurriedly picked up the Great Ming Code.
Now then...
Let's see what you're capable of!
"Find the provisions concerning killing and injury."
Seo Gyeongsik quickly searched for the relevant section.
Jo Jinkyung spoke leisurely.
"What constitutes bodily injury?"
"State the standard established by the Great Ming Code."
"J-Just a moment, please!"
After finding the appropriate provision, Seo Gyeongsik read it aloud.
"I shall recite the Great Ming Code."
"Article 325, Affray!"
Dun!
[Great Ming Code, Article 325 — Affray. The standard for determining bodily injury is swelling accompanied by blue or red discoloration of the skin at the place struck. Under Tang law, the appearance of blood was used as the standard for bodily injury.]
Jo Jinkyung rested his chin on his hand and looked leisurely at Doyul.
"Dosa, tell me."
"What is the standard for bodily injury stated in the Great Ming Code?"
"...Bodily injury is recognized when blue bruising or reddish discoloration appears."
"Good."
"Then I have a question for the legal representative."
"...Please ask."
"In order for Hong Myeong to treat Eunggyo Seo, he would have to cut open the abscess with a knife."
"Is that not so?"
"Your Excellency is correct."
"In that case, blood would flow."
"Is that not so?"
"...Your Excellency is correct."
Oh...
Doyul was genuinely impressed.
To think someone in Joseon would approach the matter this way.
"Even if the wound were wrapped in bandages after the treatment, blood would eventually seep from the cut and stain the cloth red."
"Do you have any objection to that?"
"Not in the slightest."
Jo Jinkyung grinned at Doyul.
"Then let me ask the representative."
"Would that not constitute bodily injury?"
"......"
When Doyul did not answer, Jo Jinkyung turned to Seo Gyeongsik again.
"What does the Dosa think?"
"Forgive me for speaking so directly, but if blood flows and stains the cloth used to cover the wound, I believe it constitutes bodily injury."
Seo Gyeongsik based his answer on the commentary explaining the provisions of the Great Ming Code.
"Then let me ask you another question, Dosa."
"How is bodily injury punished?"
"According to the Great Ming Code, an affray in which a person injures another with a blade is punishable by eighty strokes of the heavy stick and two years of penal servitude."
"Since Hong Myeong intended to use a knife to remove the abscess, his actions should be regarded as an attempt to injure another person with a blade."
[Great Ming Code, Article 325 — Affray. A person who breaks another's ribs, damages another's eyes, causes another to miscarry, or injures another with a blade shall be punished with eighty strokes of the heavy stick and two years of penal servitude.]
"Excellent."
That provision applied when the act of injury had actually been carried out, so it could not be applied directly to Hong Myeong.
But that was not what Jo Jinkyung was aiming for.
"I have another question for the representative."
"...Please ask."
"Even if Hong Myeong's actions were intended as treatment, as you claim, it is certain that he intended to put a knife to an official's body."
"Can you deny that this would constitute bodily injury?"
"No, I cannot."
Jo Jinkyung chuckled and continued pressing him.
"Hong Myeong intended to inflict bodily injury upon Eunggyo Seo in order to accomplish a particular objective."
"Dosa, read the provision concerning robbery."
"A-As you command!"
Seo Gyeongsik hurriedly flipped through the Great Ming Code again.
"G-Great Ming Code, Article 289, Robbery!"
Dun!
[Great Ming Code, Article 289 — Robbery. If robbery is committed but no property is obtained, both the principal offender and the accomplices shall be punished with one hundred strokes of the heavy stick and exile to a distance of three thousand li. If property is obtained, all offenders shall be punished by beheading, without distinction between principal offenders and accomplices.]
"The law has recognized cases in which a person uses a blade to threaten or harm another in order to achieve an objective as robbery, even when that objective is not the acquisition of property."
"Is the representative aware of this?"
"I am."
"Then let me ask you again."
"Even if Hong Myeong was attempting to provide treatment, what difference does that make?"
"He intended to inflict bodily injury with a knife, and he had an objective he wished to accomplish."
"Therefore, it is perfectly clear that his conduct constituted attempted robbery."
"Dosa, how should such a case be punished?"
"When a person commits robbery but obtains no property, the punishment is one hundred strokes of the heavy stick and exile to a distance of three thousand li."
"Therefore, the criminal Hong Myeong should receive one hundred strokes of the heavy stick and be sent into exile!"
Jo Jinkyung smiled viciously.
"Do you have any objections?"
"......"
Doyul was considerably surprised by Jo Jinkyung's argument.
...He's remarkably skilled at constructing an argument that fits the legal provisions.
If Jo Jinkyung's words were interpreted strictly according to their literal meaning, there was nothing particularly wrong with them.
Looking solely at Hong Myeong's physical actions, they corresponded to the conduct described in the provisions.
Jo Jinkyung smiled confidently.
Do you really think a brat like you can argue against me? Hahaha!
After learning that someone stood behind his opponent, Jo Jinkyung had decided to take a conservative approach because he could not determine exactly what the other side was planning.
He was an experienced and capable governor.
If he truly put his mind to it, he believed he could force through whatever decision he wanted.
However...
Doyul smiled.
That bastard dares to...!
Why is he smiling at the governor's argument?
As a faint smile spread across his face, Doyul recalled the first Criminal Law: General Principles lecture he had attended after entering law school.
"Let me ask you all a question."
"Kim Minjae?"
"Y-Yes, Professor!"
"I have a question for you, Minjae, but first let me explain the elements of aggravated bodily injury."
"The legal requirements are as follows."
[Article 258-2 of the Criminal Act — Aggravated Bodily Injury. A person who commits a crime under Article 257, Paragraph 1 or Paragraph 2, by displaying the power of an organization or a group, or while carrying a dangerous object, shall be punished by imprisonment for not less than one year and not more than ten years.]
"If a person intentionally causes bodily injury using an object classified as dangerous, the offense constitutes aggravated bodily injury."
"Do you understand so far?"
"Y-Yes... I understand."
The criminal law professor grinned at Kim Minjae.
"Then let me ask you this."
"If a doctor uses a scalpel to remove diseased tissue from a patient for the purpose of treatment, does that constitute aggravated bodily injury?"
"...!"
Kim Minjae was so startled that he couldn't immediately answer.
After the professional law school system was established, universities authorized to operate law schools had abolished their undergraduate law departments.
Hanguk University, the country's leading university, had gone a step further and eliminated even its undergraduate law courses.
As a result, Kim Minjae had never studied law at university.
His preparation before entering law school had also focused entirely on civil law.
When it came to criminal law, his knowledge was no better than that of an ordinary person.
"I-I don't think it does!"
"Why not?"
"B-Because... a scalpel isn't a dangerous object?"
The professor shook his head.
"According to precedent, even knives, scissors, and glass bottles manufactured for other purposes may qualify as dangerous objects if used to harm the human body, as established in Case No. 2002Do2812."
"Therefore, a scalpel would qualify as a dangerous object."
"I-I'm sorry!"
"Then let us accept your argument for the sake of discussion and deny that a scalpel is dangerous."
"In that case, would the doctor be guilty of ordinary bodily injury rather than aggravated bodily injury?"
"Th-That's...!"
Common sense told Minjae that a doctor should not be guilty of either offense.
But he couldn't immediately explain why.
His face turned pale as he desperately searched for an answer.
"I-Intent!"
"Could it be because the doctor had no intention of harming the patient?"
Once again, the professor shook his head.
"In criminal law theory, intent refers to awareness of the consequences one's actions will produce."
"Therefore, when a doctor deliberately applies a scalpel to a patient's body for treatment, the relevant intentional act is still present."
"B-But...!"
Completely overwhelmed, Kim Minjae blurted out a ridiculous answer before he could stop himself.
"...B-Because it's treatment!"
"Excuse me?"
"Because it's... treatment!"
"I-It's not bodily injury!"
"Because bodily injury is bad!"
"And t-treatment is good!"
The criminal law professor stared at Kim Minjae for a moment before speaking gently.
"That's right."
"How could treatment be the same as bodily injury?"
"You've expressed the essential distinction quite well, Minjae."
"Th-Thank you?"
"However..."
"As people who intend to become legal professionals, you must learn to speak in the language of the law."
"In legal terminology, we explain this situation as follows."
Doyul smiled faintly.
...Minjae hyung.
I wonder how you're doing.
One of Doyul's fond little memories was that, from that very day onward, Kim Minjae had fallen in love with criminal law and eventually become a prosecutor.
Article 20 of the Criminal Act.
Justifiable Acts.
"How dare you stand there daydreaming in the middle of a hearing?!"
[Article 20 of the Criminal Act — Justifiable Acts. An act performed in accordance with the law, in the course of business, or in any other manner that does not violate accepted social norms shall not be punished.]
Doyul, who had closed his eyes while lost in thought, finally spoke.
"Governor, I humbly submit."
"I acknowledge the facts concerning Hong Myeong's intention to cause physical injury to Eunggyo Seo."
"However, that is all."
"What...!"
"What the hell are you talking about?!"
Bang!
"It is difficult to conclude that Hong Myeong is criminally liable."
Doyul's eyes shone.
This is the famous principle of justification.
The circumstances that exclude the illegality of an act.
