A video of a delivery man being assaulted on a road in Ganseok-dong, Incheon has been released online, causing controversy.
On the 27th, a video of a delivery man being assaulted indiscriminately was uploaded to YouTube and Internet communities. The man in the video punched the head and face of a motorcyclist who was standing between stopped cars several times with his fists. When his helmet came off, he pulled up to his hair, knocking the driver over, and the assault continued after he fell.
According to the Incheon Namdong Police Station, at around 12:20 pm on the 26th, we received a report from a witness and were dispatched, but both the perpetrator and the victim left the scene.
After interrogation, the police confirmed the identities of both the victim and the perpetrator and demanded an appearance at the police station. However, it is known that the victim expressed his intention not to punish the perpetrator. Police said they are continuing an investigation to determine the exact circumstances of the incident.
■ ‘Specific Crime Aggravated Punishment Act’ that punishes driver assault… Not applicable to motorcycles under 125cc
Under the current law, assaulting a driver while driving is punishable by aggravation. General assault is punishable by imprisonment for not more than two years or a fine of not more than 5 million won, but if the Specific Crime Aggravated Punishment Act is applied, imprisonment for not more than 5 years or a fine of not more than 20 million won can be imposed.
However, the scope of this Act is limited to ‘automobiles’ under the Road Traffic Act. A motorcycle must have a displacement of over 125cc to be considered a vehicle. Therefore, even if you assault a motorcycle driver while driving, it may not be subject to aggravated punishment depending on the engine displacement.
Han Moon-cheol, an attorney specializing in traffic accidents, said in a phone call with JTBC, “It is right to punish motorcyclists equally because assaulting motorcyclists is dangerous.”
■ Last year, the same incident happened in Jeju… The National Assembly also proposes amendments to the Special Act
In February of last year, a motorcyclist was assaulted while driving in Jeju. Indiscriminate assaults followed, including punching and kicking the motorcyclist wearing his helmet. At that time, the victim was riding a motorcycle with a displacement of 100cc, and the perpetrator was only charged with simple assault.
This incident sparked a controversy at the time that “the punishment differs depending on the engine displacement even if you are assaulted in the same way”, and discussions were held to revise the law in the National Assembly.
In March last year, Democratic Party lawmaker Ki-dae Yang proposed a partial amendment to the Act on Aggravated Punishment for Specific Crimes, which would allow a person who assaulted a motorcyclist while driving to receive aggravated punishment, but it is still pending in the National Assembly.
