Reckless Use of Force and Assault with a Deadly Weapon
Mr. Dam and two other accomplices ascended onto the university student transport bus, a vehicle known to have been the subject of frequent disputes between the two parties. Mr. Dam then forcibly threatened Mr. Huang to remove his training shirt and a commemorative ring, valued at a small amount, using money. Following the removal of the training shirt and ring, Mr. Dam and his accomplices punched and kicked Mr. Huang. Subsequently, Mr. Dam used a shotgun to fire at Mr. Huang. However, Mr. Huang raised his arm to block the shot, resulting in a bullet striking his sleeve at a distance of one foot, causing no injury. Identify the offenses Mr. Dam is liable for.
The act of Mr. Dam and his two accomplices ascending onto the university student transport bus, upon seeing Mr. Huang wearing a training shirt bearing the institution’s emblem, and subsequently forcibly threatening Mr. Huang to remove his training shirt and commemorative ring, valued at a small amount and incapable of being used for any purpose other than by those involved, constitutes conduct clearly indicating that Mr. Dam did not intend to steal property or commit fraud, but rather acted to demonstrate authority and recklessness towards Mr. Huang, a student from a different institution who had previously engaged in disputes. Mr. Dam perceived Mr. Huang as being capable of bullying others, consistent with the behavior of immature adolescents, and not intending to benefit from the property. Mr. Dam’s actions do not constitute an act of intentional wrongdoing. The fact that Mr. Dam used a shotgun in a manner constituting coercion, resulting in Mr. Huang surrendering his training shirt and ring, constitutes an infringement of Mr. Huang’s bodily freedom, a violation of Article 39 of the Penal Code. Mr. Huang was compelled to remove his training shirt and ring, and Mr. Dam subsequently used a shotgun, within a distance of one foot from a vital organ, which is considered to be an intentional act of killing.
However, the act did not succeed because Mr. Huang raised his arm to block the shot, and the bullet struck a sleeve made of metal, failing to impact a vital organ, and Mr. Huang sustained no injury. Therefore, Mr. Dam is liable for attempted murder of Mr. Huang and for carrying a firearm in a public place, as stipulated in Section 288 and Section 80 of the Criminal Code.