Can a mobile phone be considered to be a dangerous weapon?

A shocking video where a young woman hit a man on the head with her mobile phone several times and his head was injured and bled on the subway line 9 on March 16, 2022 was widely circulated via social media and it caused public outrage in Korea. The woman had spit on the floor of the subway and the man had tried to stop her doing so before the video was recorded according to the man’s statement.

What are her charges? First of all, she will be punished for Special Bodily Injury on Another. For the crime, the punishment is heavier than the one for Inflicting Bodily Injury on Other. Please refer to the following articles of Criminal Act;

Article 258-2 (Special Bodily Injury on Another)

(1)        A person who commits the crime of Article 257 (1) or (2) by the threat of collective force or by carrying a dangerous weapon shall be punished by imprisonment for at least one year up to ten years.

Article 257 (Inflicting Bodily Injury on Other or on Lineal Ascendant)

(1)        A person who inflicts a bodily injury upon another shall be punished by imprisonment for not more than seven years or suspension of qualifications for not more than ten years or by a fine not exceeding ten million won.

You might wonder what ‘a dangerous weapon’ means as it is a key element of the crime, and if a mobile phone is considered to be a dangerous weapon. The Supreme Court’s precedents clarified that a dangerous weapon means a thing that makes another feel threatened when it is used. Then how about a mobile phone? According the criminal court cases, a mobile phone is made of hard material and hitting a person with it can cause bodily injuries, so a mobile phone can be a dangerous weapon. As for the incident in the video, the victim was injured in his head and bled by her attack using her mobile phone. One of his family members said that the victim had to have an operation on his head. Therefore, her attack with her mobile phone shall constitute Special Bodily Injury on Another.   

For her verbal abuse against the man, she may be punished for insulting. Also, as for her spitting on the subway, she shall be punished for minor offenses. Additionally, she violated the infectious disease control related law.