You Have Been Defended – Episode 156 (156/641)
The courtroom buzzed as the USB, labeled as a copy of the CCTV footage, was presented.
This was the scenario I had envisioned before even entering this courtroom.
With this, everything the prosecution had done—bringing in new witnesses, adopting them, and cross-examining my witness—would take on new meaning.
Some jurors might have sympathized with Yang Han-seok’s arguments, while others might have believed that Go Yun-seong was genuinely a victim, unfairly maligned as a chaebol’s [conglomerate heir’s] spoiled son.
Until this evidence emerged, both Yang Han-seok’s words and ours seemed plausible.
That was only natural, given the lack of critical evidence.
But now that this evidence was out, all of the prosecutor’s words would lose credibility.
His plausible arguments would be seen as lies concocted by the prosecutor, racking his brain to favor Go Yun-seong.
Even if the CCTV footage wasn’t admitted as evidence.
“Prosecutor, do you have any further questions?”
The judge asked, watching Yang Han-seok intently.
A judge’s question about whether there was anything more shouldn’t be taken lightly.
It was practically an invitation to continue, suggesting that something was still lacking.
However, Yang Han-seok, completely panicked, seemed to have lost his words.
He frantically darted his eyes around, looking at Hwang Young-chan in the audience.
“Prosecutor.”
“…No, I don’t.”
“Your Honor.”
It was time to end this fight.
“Your Honor, I submit the CCTV copy held by witness Chu Jeong-wook as additional evidence. It is not only crucial but also the most perfect evidence imaginable in determining the defendant’s guilt or innocence.”
This kind of chaotic public participation trial must be a first for the judge as well.
The three judges’ faces were already etched with fatigue.
Before entering this trial, my research indicated that there were hardly any public participation trials with such a flurry of evidence and witnesses submitted midway.
Therefore, they bore a significant burden.
Public participation trials had only been implemented for a year, and with limited data, their decision would remain as a precedent, influencing future trials.
A careful decision was needed.
“Does the prosecution agree?”
“I cannot agree. It was not a pre-submitted piece of evidence, and it is not certain whether it was collected legally. The possibility of manipulation cannot be ruled out. CCTV footage contains personal information. Even the defense attorney seemed unaware that the witness possessed the CCTV, and the prosecution was also unaware. Therefore, it is obvious that consent to view or copy the CCTV footage was not obtained from the defendant or the victim. It is a clear violation of the Personal Information Protection Act.”
Yang Han-seok struggled to the very end.
If the CCTV’s evidentiary value was recognized, everything he had fought for in this trial would be in vain, which was only natural.
More than anything, his trauma from two years ago might have been at play.
Back then, he had been burned when suddenly appearing video evidence was admitted, and he had suffered greatly since then.
“The possibility of content manipulation can be verified by playing the CCTV in this courtroom. And even if the evidence was collected illegally, according to precedent 2008Do3990 [a specific legal case number], evidence collected has been adopted by recognizing its public nature. Also, according to precedent 2008Do1584 [another legal case number], illegally obtained account books were adopted as evidence to prove fraud because their public interest was recognized. The same applies to this CCTV. There is no reason why it should not be admitted as evidence.”
I memorized all the precedents to avoid being misunderstood as having anticipated and prepared for these precedents in advance by reading from a paper.
If it was revealed that I knew about the existence of the CCTV evidence beforehand, it might not be adopted as evidence on the grounds of obstructing the smooth progress of the trial.
I could recite both Supreme Court decisions with my eyes closed.
If more precedents were needed, I could introduce a few more.
It would have been impossible in a civil case, but it was possible because it was a criminal case.
“The court needs to deliberate. We will take a 15-minute recess.”
After the recess, the court ultimately chose to play the video.
The CCTV footage filled the beam projector screen, which had previously displayed Yang Han-seok’s PPT [PowerPoint] slides.
It started with Go Yun-seong and his entourage taking Oh Sang-hyun into the alley.
The video’s progression was exactly as we had summarized and explained Oh Sang-hyun’s claims in court.
Naturally, this was the complete opposite of the prosecution’s account of the incident.
Even the jurors, who had maintained expressionless faces throughout the trial, frowned when Oh Sang-hyun’s battered and unconscious figure appeared on the screen.
“Is that the end?”
Once the video ended, the judge asked.
The screen showed Oh Sang-hyun being assaulted, but one point remained unexplained.
How did Go Yun-seong, who was unharmed except for a nosebleed, end up being carried out by his entourage with serious injuries?
“There is another video.”
Without pausing, I played the next video immediately.
“…….”
Go Yun-seong, staring at the completely unconscious Oh Sang-hyun, began to make a call.
As soon as the call ended, Go Yun-seong took off his shoes, and his entourage took off Oh Sang-hyun’s shoes.
Then, the two swapped their shoes.
The entourage carried Oh Sang-hyun on his back, covering his body with clothing.
And Go Yun-seong exited the alley through the back, where materials were piled up.
Considering that the back of the alley was quite narrow when we checked it at the time, it was possible because Go Yun-seong was slimmer than Oh Sang-hyun.
The video then transitioned to CCTV footage taken from another location.
The entourage carrying Oh Sang-hyun, made to look like Go Yun-seong, was shown following the path out of the construction site.
The video, having resolved all doubts, stopped there, as if it had completed its task.
“…….”
A heavy silence fell.
The judges on the bench also seemed momentarily at a loss for words.
It was Associate Judge Park Sang-eun who first regained her composure and organized the situation.
She signaled to the presiding judge to proceed with the trial quickly.
“The court has concluded that the CCTV has not been manipulated, considering that witness Chu Jeong-wook is the site manager and had the authority to access the CCTV, that the video is in the same format as the CCTV submitted by the prosecution, that the image quality and detailed attributes are also identical to the previously adopted CCTV evidence, and that witness Chu Jeong-wook had a substantial reason and sufficient time to create a copy of the CCTV. Furthermore, according to precedents 2008Do3990 and 2008Do1584, there is no reason why this CCTV should not be adopted as evidence. However, if the prosecution wishes to submit a written opinion on this evidence, we will schedule a new trial date, although this is unprecedented in public participation trials.”
At the judge’s words, Yang Han-seok hesitated.
A prosecutor is someone who must realize justice.
At this point, with the victim and perpetrator clearly identified, it is a manifestation of a flawed professional ethic to insist that this evidence has no legal effect and to try to push through his wrongful indictment.
This is a public participation trial, and there are many eyes watching in this open courtroom.
Hwang Young-chan and Go Yun-seong’s lawyer, who had been glaring at him since earlier, had already left the courtroom long ago.
All that remained were reporters with laptops or notebooks, holding their breath and waiting to see what he would say.
Well, if he accepted the next date and struggled to the end, there might be a way, albeit with a very small probability.
Who knew what kind of shameless method he would use to claim that the CCTV had been manipulated?
But if that happened, the purpose Yang Han-seok had hoped to achieve by taking on this case would never be realized.
Either way, Wooshin would not support Yang Han-seok, whose image had been completely tarnished.
Whether he lost as it was or struggled to the end.
Only one ending remained for him.
“…I agree to the adoption of the evidence.”
* * *
The jurors unanimously delivered a verdict of not guilty.
It was expected, but the fact that the deliberation took less than 20 minutes was quite surprising.
In the public participation trials I had participated in in my previous life, the deliberation was at least an hour and sometimes well over three hours.
“Order. The defendant is sentenced to not guilty.”
At the judge’s words, Oh Sang-hyun burst into tears.
Even Oh Sang-hyun, who had always seemed so strong, must have suffered a lot.
The opponent was the youngest son of the Wooshin Group, and above all, even the prosecution was entirely on Go Yun-seong’s side.
As soon as the trial ended, Yang Han-seok quickly left the courtroom.
I was wondering if I should offer him a word of comfort, but he disappeared without giving me a chance to worry.
Oh Sang-hyun’s wife, who had left their child with her parents to attend the trial, also hugged her husband and cried for a long time.
They bowed so deeply towards me and Kang Min-jae as if they were about to prostrate themselves, and we spent a while trying to stop them.
And before we knew it, only Kang Min-jae and I remained in the empty courtroom.
“Attorney, you’ve worked hard.”
“Hard work? It was all a fixed game anyway.”
I handed him the documents and stood up.
“Even if it was a fixed game, you never know what might happen in a trial. Even if there was a precedent, there was still a chance it wouldn’t be adopted.”
“That’s true.”
“You’re amazing as always. And it’s amazing that you thought of a public participation trial.”
Now, public participation trials are not a well-publicized system, but in 2018, when I was there, it was a frequently used form of trial.
“Is that so? I’m hungry. Should we get something to eat at the cafeteria?”
“I wonder if the cafeteria is still open? The time is…”
Kang Min-jae trailed off, checking his watch.
“It’s only 6 o’clock. We should be able to have dinner.”
“Still, you’ve worked hard, so why don’t you have something delicious with your clerk?”
“There will be a swarm of reporters in front of the courthouse right now. We’ll need to fill our stomachs to answer them all.”
I had deliberately told Oh Sang-hyun about a sparsely populated exit, fearing that he would be caught by reporters.
Since we haven’t come out yet, the reporters are probably waiting with bated breath.
I wonder how Yang Han-seok managed to escape their eyes.
“If we get caught by reporters, it’ll take forever. Aren’t you tired?”
“I have to.”
My real goal is to humiliate Go Yun-seong, so I can’t just sit still.
Before the reporters get paid to downplay the story, I need to speak accurately into the camera so they can’t edit it.
“Don’t you remember? We practiced our expressions yesterday and decided what kind of face to make in front of the reporters.”
“Ah, that’s right.”
“Kang Attorney, you were so nervous during the trial that you couldn’t say anything other than ‘Objection.’ Are you confident that you won’t be nervous in front of the camera?”
“I couldn’t say anything other than ‘Objection’! I said other things too!”
“Really? What did you say?”
“…The prosecutor is leading the witness?”
“Wow, amazing.”