Many people who come into contact with this case will think that this case is an impulsive crime. or the elder brother kills someone, and the elder brother previously took the initiative to confess that he didn't want to involve his younger brother, or the younger brother killed someone, and the elder brother admitted that he was the murderer in order to protect his younger brother.

In short, it is difficult for ordinary people to immediately think that there is a third possibility in this case, that the two conspired to commit a crime.

However, Kim Yun-ho is not an ordinary person after all, he has rich experience in criminal investigation and has mastered the method of observing micro-expressions, so he quickly judged that the case was a joint crime, and the investigation also proved this.

It is not difficult to analyze the facts of the case, and the real difficulty lies in the trial.

Because of the special background of the case, an excellent defense lawyer like Han Youxi was recruited, which greatly increased the difficulty of Kim Yunhao's trial. It can be said that Kim Yoon-ho's opponent this time is not only the suspect, but also the opposing lawyer.

Although Kim Yoon-ho has taken it very seriously, there are still serious mistakes.

When he suddenly heard that Han Youxi questioned the collegial panel and asked for the presiding judge to be replaced, he suddenly felt bad.

And then Han Woo-hee's tone and reason elaboration made Kim Yun-ho's bad premonition come true.

Han Youxi said in a high-pitched voice: "This agent unexpectedly learned that on the eve of the trial, that is, last night, the presiding judge Shin Tae-jun met privately with Kim Yoon-ho, the plaintiff prosecutor in this court!"

I believe that the meeting between the two violated the provisions of the Procedural Law and seriously affected the outcome of the case. Therefore, in accordance with Article 44 of the Criminal Procedure Law, I apply to Judge Shin Tae-jun to recuse myself from this trial! ”

In any of the following circumstances during the course of trial, the parties have the right to apply for their recusal:

1. They are a party to the case or a close relative of a party or agent ad litem;

2. They have an interest in the case;

3. Have other relationships with the parties or agents ad litem in the case. might impact the fair trial of the case.

4. Adjudicators accept hospitality and gifts, or meet with parties or agents ad litem in violation of provisions.

In the above circumstances, the parties have the right to request the recusal of the adjudicators. and replace the adjudicators.

After Han Woo-hee explained the reason, he presented evidence in court: photos of Shin Tae-joon and Kim Yoon-ho meeting.

The photos are a little blurry, and it is impossible to see the fact that the two had in-depth communication, but it is an indisputable fact that the two did appear on the same occasion and were photographed.

In accordance with the regulations, during the trial. Kim Yoon-ho was not allowed to meet privately with the presiding judge.

Therefore, this photo presented by Han Woo-hee can definitely be used as evidence and eventually change the judge.

And after seeing this photo. The expressions of everyone at the scene were different.

Since this trial is a public trial, journalists and members of the public can observe the trial.

After seeing the photo, reporters talked a lot, speculating about whether Kim Yun-ho had improper behavior.

The presiding judge showed a bitter and playful complex expression after seeing the photo.

Plaintiff's bench. Shin Donghae and Yoon Guohong looked at Kim Yunhao with their eyes and asked.

Kim Yunho smiled bitterly: "It happened last night." Park Kook-kwon invited me to dinner. I happened to meet this judge in the restaurant. Originally, I thought it was a pure chance encounter, but now it seems to be a trap from the other party! ”

Shen Donghai was straightforward and shocked: "Could it be... Could it be that there is something about Park Kook-kwon? ”

Kim Yunho shook his head in denial: "It shouldn't." Again, there was no reason for him to do that.

And it is not complicated to complete this arrangement.

It is an old custom for prosecutors to invite guests or superiors to pass on their experience before the first trial. Not only the prosecutor knows, but the lawyer knows. All they have to do is find out where I'm going to eat and arrange for the judge to go there as well.

As long as the other person takes a picture of us appearing on the same occasion. That would achieve the goal of changing the judges. ”

Shen Donghai asked puzzledly, "But what good is this for him?" ”

Kim Yun-ho sneered: "How can it be no good?!" The judge is the judge of the trial and has the final say. If the judge is biased towards one side or the other. Then the odds of winning on that side will increase a lot out of thin air, which is crucial! ”

Shen Donghai continued to be puzzled: "But since it's so important, why didn't you make arrangements for this before?" ”

Kim Yoon-ho replied: "Because of the blind spot of thinking!" Because I didn't expect the other party to hit the judge's idea at all! ”

In China, judges are a very mysterious and feared profession.

When facing the judge, the people were weak and did not dare to show any dissatisfaction. In addition, the human society decides that even if people find that something is wrong, they will not ask for a change of judge, because it will be a crime for the entire group of judges.

As a result, Kim Yoon-ho almost never heard of a client asking for a change of judge!

Similarly, South Korea is influenced by Confucian culture and is also a humane society.

In South Korea, it is also rare for a client to offend a judge and request a change of judge in court.

Therefore, under Kim Yunhao's fixed thinking and cognition, he didn't consider that Han Youxi would play like this.

Similarly, Yoon Guohong, who has rich work experience, didn't expect this, so he didn't remind Kim Yunhao.

It is precisely because of this blind spot in thinking that Han Youxi took advantage of the loophole. After all, Han Youxi has been practicing law in the United States all the year round, and he has no fear of judges, and he is used to using this method, which is a cognitive surprise.

Therefore, it is not so much that Han Woo-hee's beautiful attack is to take advantage of the law, but it is better to take advantage of Kim Yoon-ho's thinking blind spots. Completely hit Kim Yun-ho by surprise.

"Careless!"

Kim Yunho only found out how powerful Han Woo-hee was at this moment, and he also admitted that he underestimated his opponent.

While Kim Yoon-ho and the others whispered, the judges also made a decision.

Judge Shin Tae-joon concluded, "In view of the defendant's defense lawyer's application for recusal from the collegial panel, this court is unable to continue to perform its trial functions and will wait for the final decision of the adjudication committee." Now, close! ”

As the small wooden hammer fell heavily, the trial ended before the trial officially began.

For such an outcome, no one expected.

When he retired from the courtroom, Han Woo-hee looked at Kim Yoon-ho from afar and showed a smug and ostentatious victory smile.

Kim Yunho faced it calmly, looked directly at Han Youxi, and also showed a shallow smile.

"You think you won?"

"Of course! I didn't just win this sentence. I will continue to win until I finally win! ”

"You can't do it with me!"

"Really? Then you're going to stop me! ”

The two exchanged eyes silently. -for-tat, but also showed hostility to each other, officially declared war.

Seeing that the scene was hot, another defense lawyer, Zhao Minjun, hurriedly came out to play a round and pulled Han Youxi away.

He didn't want Han Woo-hee to offend Kim Yoon-ho to death, and then affect himself.

After Han Youxi withdrew from the court, Kim Yunhao turned around and left with anger and fighting intent in his heart.

Because the corridor is full of people. It was inconvenient to talk, so Kim Yunhao didn't say much and hurried away.

However, he obviously underestimated Han Youxi's shamelessness and serial attack moves.

At the door of the courthouse. Kim Yun-ho was chased and intercepted by reporters and bombarded with questions.

"Prosecutor Kim Yoon-ho, why did you meet with the presiding judge in private? Got a secret to tell? ”

"Did you behave inappropriately in order to win?"

"What is your relationship with Judge Shin Tae-joon, and why did you meet privately on the eve of the trial?"

For the sake of news selling points, the reporter has long abandoned Kim Yunhao's other identities. Hold on to the problem. Confront him.

This phenomenon is caused not only by reporters, but also by Han Youxi's hard work.

Because not far away, Han Woo-hee is giving an impassioned speech, calling for maintaining the fairness of the trial, so that the trial can be truly fair, and the topic is directed at Kim Yun-ho.

Kim Yoon-ho has a clear conscience, and of course he will not be weak-hearted.

Facing questions from reporters. Kim Yoon-ho replied calmly: "Whether there is misconduct or not, what I say as a party is not convincing. I think the adjudication committee will give a fair answer.

In addition, I also asked the media to help me spread the word to someone: Congratulations, you have succeeded in provoking me by playing with the law and conspiracy, I will make you pay the price for this, and I will use the law to punish you!

This is my statement and my determination. Let's wait and see.

The legal net is restored, and those who touch the law will eventually accept the punishment of the law! ”

This is a shouting from the air, a declaration of war!

Hearing Kim Yun-ho's speech, the reporters were very excited.

The two defenders made a big move, and it will definitely become a hot topic, and the news is full of selling points!

The reporters continued to ask questions, but Kim Yun-ho had lost interest in answering the questions and walked away.

Kim Yunho wants to leave, but no reporter really dares to stop him!

After all, Kim Yoon-ho's domineering style has set rules for reporters, and no one dares to disrupt it.

――

Returning to the office with a disgraced face, Kim Yun-ho was not beaten by defeat and decadent, but was high-spirited.

Kim Yunho took off his prosecutor's robe, brutally tore the collar of his shirt, and said coldly: "Since he wants to play conspiracy, I will have a good time with him, and I haven't been afraid of anyone in this regard!" ”

Seeing Kim Yun-ho's cold and temperatureless terrible eyes, Yin Guohong's heart trembled.

"What's your plan?"

He is not opposed to playing with intrigues and tricks, because 'good does not follow the police', and you cannot stick to the rules when dealing with criminals.

He was mainly worried that Kim Yoon-ho would be angry and would also touch the law on impulse, which would not be advisable.

Therefore, he wanted to listen to Kim Yunhao's thoughts first, and if it was not appropriate, he would persuade him.

Kim Yun-ho's answer was a little vague: "Use the way of others to govern others!" Since he plays with the blind corner of thinking, then we will draw the scoop according to the gourd, and also start against him from the blind corner of his thinking! ”

Kim Yoon-ho's tone was very affirmative, which made Yoon Guohong hear more information.

Yin Guohong asked in surprise: "Do you have a specific plan?" What is it? ”

Kim Yun-ho replied lightly: "My plan is the prisoner's dilemma." ”

Prisoner's Dilemma: Two people who conspire to commit a crime are arrested but cannot communicate with each other. If neither of them denounces the other, each goes to jail for a year because the evidence is uncertain;

If one person denounces and the other is silent, the whistleblower is immediately released for meritorious service, and the silent person is imprisoned for five years for non-cooperation;

If they expose each other, they will both be sentenced to two years in prison because the evidence is conclusive.

Since the prisoners are unable to trust each other, they tend to expose each other rather than remain silent.

The prisoner's dilemma is a peculiar game between two arrested prisoners, illustrating why it is difficult to maintain cooperation even when it is beneficial to both parties, reflecting the selfishness of human nature.

The prisoner's dilemma was first applied in the field of economics and popularized on a large scale, but it was also occasionally used in the judicial community.

In South Korea, almost all prosecutors, judges, and lawyers have studied the prisoner's dilemma.

Yin Guohong is skeptical of this strategy: "You can think of the prisoner's dilemma, and the other side can think of it, and target the defense. I don't think this strategy will be effective. ”

Jin Yunhao smiled incomprehensibly: "You and I can think of it, but Han Youxi may not be able to think of it!"

I said that I would start from the blind corner of his thinking, and this prisoner's dilemma is the blind corner of his thinking! ”

Under the incomprehensible gaze of Yin Guohong and Shin Donghae, Kim Yunhao slowly gave a hint: "Because of his graduate school in the United States!" The jurisprudence-related courses there don't introduce the prisoner's dilemma! (To be continued.) )