Chapter 68
Chapter 68
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Translator: penny
Chapter: 68
Chapter Title: Arrest Review Hearing
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"Case number 2016chocheok17. We will now begin the review of the legality of Im Cheol-su's arrest. Im Cheol-su."
"...."
"Im Cheol-su, the student?"
"...Yes."
"Student, is this you?"
"Ah, no. No, yes, it is. But I didn't do it...."
Kang Hyun turned his head to look at Im Cheol-su's face, pale as a ghost.
Who wouldn't falter in a courtroom if they'd never even crossed the threshold of one before? And Im Cheol-su was just an eighteen-year-old high school student. Kang Hyun gently took hold of his trembling arm—he looked utterly dazed.
And he said softly,
"No need to be nervous. Just answer the questions slowly about who you are and how you live."
"...Yes."
Bolstered by Kang Hyun's quiet encouragement, Im Cheol-su cautiously lifted his head and glanced at the judge's face.
"Occupation: unemployed. No, high school student, right?"
"Yes, that's correct."
"Home address?"
"...Banpo-dong 129."
"Parents?"
"They run a business."
"Family situation... just your mother?"
"Yes, they're divorced."
"Any contact with your father's side?"
"I see him once a month."
With Kang Hyun's encouragement and the judge's examination of the record continuing, Im Cheol-su was starting to settle down.
The judge's expression remained inscrutable on the surface, but Kang Hyun could read the sharp emotion hidden behind his eyes.
In an arrest review, ruling in favor of the suspect was a tough call for the court. It meant shouldering immense pressure and resistance to overturn everything.
Such a reversal would declare an already issued arrest warrant improper.
In other words, it would amount to admitting that the court's prior judgment was wrong.
Judges widely viewed this as undermining the court's authority, so they often saw the mere filing of a review petition as an affront.
That said, Judge Choi Chun-sik did acknowledge two points in this case.
First, that Im Cheol-su was a minor.
Second, that his residence was stable.
But even these weren't enough to nullify the arrest after the fact.
Right now, they needed a single decisive blow that pierced through all the principles.
The judge's questions and answers continued for a while before pausing.
"...Yes. That will do."
In a typical review hearing, the judge only asked a few questions to grasp the facts and clarify curiosities, leaving little room for the defense to speak.
This hearing was no different.
At the start, Choi Chun-sik confirmed Im Cheol-su's identity, then posed general questions about the alleged crime to establish the facts.
Did he admit or deny it?
Even though this wasn't a criminal trial to determine guilt, but merely a review of whether the arrest was proper.
After that, the judge briefly questioned Im Cheol-su on the main reason for the arrest.
Im Cheol-su had little to say about this.
He had dodged them, and he hadn't complied with the investigators' summons.
Once the judge's brief examination wrapped up, Im Cheol-su dropped his head again and stole a gloomy glance at Kang Hyun.
But Judge Choi Chun-sik, unperturbed, turned to Im Cheol-su and asked,
"Any final statement?"
This was granting him one last chance to speak before closing the review.
It was clear he intended to rule the arrest 'lawful.'
The courtroom was drifting toward a hollow conclusion.
"...."
Detective Yoo Geon-hyeong felt an inexplicable regret washing over him.
Did the law ultimately fail to protect the weak?
As Yoo Geon-hyeong shook his head and turned to leave,
"We're just getting started. Where do you think you're going?"
A low, steady voice blocked his path.
"Prosecutor?"
Prosecutor Han Tae-woong.
He had reached the gallery.
"Look over there. The defense attorney raised his hand."
Indeed.
Kang Hyun had raised his hand—very cautiously, yet ramrod straight.
The judge, spotting it along with Han Tae-woong, asked puzzled,
"Defense? What is it?"
"Your Honor. I request permission to speak."
"What?"
On the surface, the situation was highly unfavorable for Kang Hyun. Arrest reviews were rarely granted, and the court was incensed by this unprecedented challenge.
Kang Hyun had to persuade them despite all that. All he had was his conviction, born from his own judgment of the law and procedure.
Yet overcoming countless contrary precedents and practical constraints with that alone was as impossible as threading a camel through the eye of a needle.
Still, Kang Hyun believed it wasn't time to give up yet.
"Your Honor. I know that in a standard review, if there's no particular dispute, the defense gets no chance to speak."
"Then why raise your hand?"
"Because there's something I hope Your Honor will deeply consider in this ruling. It's not just about Im Cheol-su's case—it's a broader matter of the arrestee's human rights and protections that applies to any case."
"No press here. No reporters."
The judge spoke coldly and bureaucratically. But Kang Hyun pressed on.
"I'm not speaking for the press or the public. It's a fundamental principle of law that everyone who handles it must never forget and always stay vigilant about."
"Keep it brief."
Irked by Kang Hyun's resolute words, the judge stared down at him in a stiff tone.
His usual slouched posture and demeanor had vanished.
Recognizing that Kang Hyun was trying to shatter established practice, he straightened his back, sharpened his gaze, and fixed a dignified stare on him.
It was as if he were putting Kang Hyun on trial.
Prosecutor Han Tae-woong and Detective Yoo Geon-hyeong swallowed dryly as they watched the clash between defense and bench.
"I believe every provision in the law has purpose. No unnecessary words are included."
"And?"
"Criminal Procedure Act Article 214-2 doesn't just cover 'detention reviews'—it addresses 'reviews of the legality of arrest and detention.' It gives both arrestees and detainees a chance to challenge impropriety. So even if it's deemed practically pointless, protecting the suspect's 'rights' makes it necessary."
"What does that mean?"
"There's a difference between a suspect released due to a review ruling and one released upon arrest warrant expiration. If released via review, it gives them a chance later to prove their innocence in the investigation."
"Get to the point."
"First, if you rule the arrest lawful here, when the detention warrant is later rejected, it will undermine the validity of that prior judgment."
"...."
The judge, who had been reacting aggressively, fell silent as Kang Hyun struck at the core.
"Second, only with pretrial release can Im Cheol-su fully cooperate. Im Cheol-su, do you remember the clothing or face of the man you handed your money to?"
Without turning, Im Cheol-su nodded in response to Kang Hyun's sharp, clear question.
"Yes. I do."
"With Im Cheol-su detained, we can't catch the voice phishing ring's higher-ups. We need to nab the real culprits, not victims or low-level pawns. Contact men, middlemen, bosses—to console the victims of these scams."
"...."
The judge's second silence stretched on.
Kang Hyun's gestures grew bolder, his tone firmer. He seemed like a top lawyer from a premier firm defending Im Cheol-su.
"The suspect Im Cheol-su first handed over his bank account, ID, and personal info to a voice phishing operative on July 17 under the pretext of a loan. From July 20 onward, as listed in the charges, his account was used as a so-called 'burner account.'"
"Reciting the charges—what's your point?"
"Then, tricked by the operative's claim that he needed cash for loan repayment, he handed over 1 million won, 3 million won, and 5 million won in cash across three meetings to an unidentified man. Outwardly, he looks like a suspect, but in truth, he's a victim—surely Your Honor knows that, with all the precedents?"
"...Separate issue."
"I know. But that's why victims turned suspects always suffer. They took a hit, yet still face punishment. I'm not saying the law's judgments are wrong. But that's precisely why safeguards like arrest reviews exist, isn't it?"
"...."
"If there's reasonable grounds to suspect a crime and no just cause for ignoring a summons under Article 200, investigators can obtain an arrest warrant. But all that comes with the caveat: 'unless it's clearly unnecessary.' Correct?"
"Go on."
The judge replied in a deflated tone.
Kang Hyun's argument was crystal clear.
While arrest warrants were sometimes issued for minors ignoring summonses, executing them cold-bloodedly was rare.
Especially in an ironic case like Im Cheol-su's, with overlapping warrants?
The court bore some responsibility too.
If things proceeded this way, criticism was inevitable. Hence some backroom deal to cover it up and wrap it up quickly.
Rejecting the detention warrant would expire the arrest period anyway, leading to release.
But then this guy Kang Hyun appeared, pointing out their error.
Challenging the arrest's validity itself.
Drawing the arrest review card like a dagger, he delivered his closing like a decisive move in a game of baduk.
"Your Honor. You're hesitating to reverse the court's decision, fearing it sets a precedent. The suspect is clearly a minor who can explain ignoring the summons. Restrictions on liberty must consider the presumption of innocence, so the 'warrant-based arrest' of minor Im Cheol-su is improper."
As Kang Hyun finished, a long silence descended on the courtroom.
"...What's happening?"
Detective Yoo Geon-hyeong muttered beside Prosecutor Han Tae-woong. The prosecutor just silently watched Kang Hyun.
Time ticked by, the judge's silence lengthening.
The document review dragged on.
This was all unprecedented.
What followed from the judge was equally irregular.
"...I'll issue the order from the bench."
The judge had final say. But pronouncing the ruling immediately like this was uncommon.
Kang Hyun swallowed hard.
Had his gambit worked,
or was it an absurd challenge?