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I am curious about the concept of assault.

Hello. I have become involved in an assault case. While drinking with a friend, emotions ran high, and I just pulled his hand. However, he reported it to the police, saying it had turned red and swollen; Does this also count as assault? Is assault not, literally, a crime that is established when one commits an assault? Am I mistaken?

Assault

Answer to Related Inquiry

Author: 박동일

Assault means ‘any unlawful exercise of physical force against the body’, and it does not necessarily have to result in injury (actual bodily harm).

In other words, the act itself of exerting physical force on another person to make contact with or affect the body constitutes assault. For example, the act of forcefully pulling someone's hand can also be recognized as assault.

If the hand actually turned red and swollen to that degree, it can be regarded that physical force was exerted on the body, so there is a strong possibility that assault applies.

In addition, assault includes not only beating but every exercise of physical force, such as forcibly pushing or pulling, and depending on the case, blowing cigarette smoke or forcibly kissing someone can also constitute assault.

According to Article 260 of the Criminal Act, assault may be punished by imprisonment for up to two years, or a fine of up to 5 million won, detention, or a minor fine.

Therefore, if you are involved in a related case, it is important to promptly consult a criminal attorney and prepare a response strategy.

For details, please confirm through a consultation with a criminal attorney.