判刑理由書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判刑理由書為準。
The judgment states that on the afternoon of 22 December 2019, ‘Xuesheng Liliang’ held a solidarity rally at Edinburgh Place in Central. During the demonstration, some protesters tore down the national flag and threw it on the ground. After the police arrived, they were surrounded by more than fifty masked individuals in black clothing who threw lightweight items such as water bottles and pushed and shoved the officers. The defendant, as one of the frontline protesters, saw the police restraining a companion, leapt forward and with both hands pushed over a sergeant to assist in their escape. The defendant was eventually subdued and arrested. The incident resulted in four police officers sustaining minor injuries.
With reference to relevant Court of Appeal cases, the sentencing benchmark for the offence of riot is approximately 54 months, and the benchmark for the offence of assaulting a police officer is approximately 3 months.
Considering that this case was a spontaneous incident involving about fifty people and lasting approximately twenty minutes, during which only empty plastic bottles and similar light items were used; that the defendant was not in a leading role and acted on a momentary impulse; that the assault on a police officer constituted an aggravating factor; and that the defendant pleaded guilty in a timely manner and actively sought mitigation, a reduction of up to one-third of the sentence and discretionary allowances was granted.
The judge considered that the circumstances of this case were less severe than those in the reference riot cases, and that the defendant had no premeditation and showed clear remorse. Concurrent sentencing was applied, balancing deterrence and the principle of fairness.
The defendant was sentenced to 28 months’ imprisonment for the offence of riot and 2 months’ imprisonment for the offence of assaulting a police officer, to be served concurrently, for a total term of 28 months’ imprisonment. (Translated from Chinese to English by AI)
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