Can a vehicle or an everyday object also constitute special assault?

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.