

Q
Can a vehicle or an everyday object also constitute special assault?
Views3,649
During an argument, on the ground that I approached the other person while slamming a car door hard or picking up an object that was nearby, the matter of special assault came up, and I was very flustered;; Can I be punished for special assault even without using something like a weapon? I would like to know up to where it is ordinary assault and from where it becomes special assault.... Please give me a prompt answer..
special assault
Answer to Related Inquiry
Author: 박동일
To state the conclusion first, the "dangerous object" referred to in the crime of special assault is not limited only to weapons such as knives or blunt instruments.
If it is an object capable of inflicting harm on a person's body, even an everyday object can be recognized as a means of the crime of special assault.
For example, a vehicle, a beer bottle, a stone, a tool, a chair, or a mobile phone can also be included in the dangerous objects referred to in the crime of special assault, depending on the manner of use or the situation.
The important criterion is not merely whether you struck the other person with the object, but whether you used it in a threatening manner and whether you actually posed a danger to the other person.
In fact, Article 261 of the Criminal Act provides that "a person who assaults the body of another by showing the power of a group or a crowd, or by carrying a dangerous object, shall be punished by imprisonment for up to 5 years or a fine of up to 10 million won," thereby leaving room for a broad interpretation of the dangerousness of an object.
However, not every situation is immediately recognized as special assault.
Factors such as the actor's intent, how the object was used, the physical distance between the perpetrator and the victim and the surrounding atmosphere at the time of the act, and the degree of fear or harm the victim actually felt are considered together.
Ultimately, whether it is a mere argument or a dangerous act that can be assessed as special assault can vary depending on the investigative agency's interpretation and the direction of your own statements.
Therefore, if you are being investigated on suspicion of special assault, it is very important to carefully prepare your initial response through a consultation with a criminal attorney.

Criminal Matters Attorney
Legal consultation booking
All consultations are conducted by specialized lawyers after reviewing the case. It is carried out on a reservation basis to ensure a professional process.We encourage you to make an early reservation for consultation, and request adherence to the scheduled time. We will do our best to provide a satisfying consultation.
Phone
consultation 1800-7905
Available 24/7, 365 days
for consultation requests

KakaoTalk
consultation
KakaoTalk channel
Daeryun Law Firm Attorneys

Online
consultation
We provide tailored
legal services.
Deals & Cases
More
Related Practice Areas
More
Do you have more questions?





