Q
Can vehicles or everyday objects also constitute special assault?
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My ex-boyfriend keeps repeatedly trying to contact me and wandering around my home, threatening me. I know I should call 112 in emergencies, but I'm worried the reporting process is complicated and afraid of retaliation afterward. What would be the best course of action, and what evidence should I prepare before reporting? Stalking specialist attorney, please reply.
special assault
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作者: 박동일
To get straight to the point, the term "dangerous object" in special assault is not limited to weapons such as knives or blunt instruments.
If an object can cause harm to a person's body, even an everyday object can be recognized as a means of special assault.
For example, vehicles, beer bottles, stones, tools, chairs, and mobile phones may also be included in the dangerous objects mentioned in special assault, depending on how they are used or the situation.
The important criterion is not simply whether you hit the other party with the object, but whether you used it threateningly and whether you actually posed a danger to the other party.
In fact, Article 261 of the Criminal Act stipulates that "a person who commits assault on another's body by displaying the power of a group or multiple persons, or by carrying a dangerous object, shall be punished by imprisonment of up to 5 years or a fine of up to 10 million won", leaving room for a broad interpretation of the dangerousness of objects.
However, not all situations are immediately recognized as special assault.
The intentionality of the perpetrator, how the object was used, the physical distance between the perpetrator and the victim at the time of the act, the surrounding atmosphere, and the actual fear or extent of damage felt by the victim are all considered together.
Ultimately, whether it is a simple verbal dispute or a dangerous act that may be evaluated as special assault may vary depending on the interpretation of the investigative agency and the direction of your statements.
Therefore, if you are being investigated on charges of special assault, it is very important to carefully prepare your initial response through consultation with a criminal attorney.
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