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。
According to the judgment, the defendants participated in a premeditated riot on 1 July 2019 during a public assembly in the main urban area, with two to three hundred people wielding umbrellas and miscellaneous items to assault police officers, breach police lines, and damage public facilities, causing serious public disorder. All defendants consistently denied the charges, but upon trial were convicted of riot. The prosecution file was submitted by the police to the Department of Justice at the end of 2019, and after more than two years of legal opinion procedures the prosecution only commenced, leaving the defendants in a prolonged state of uncertainty.
According to the Court of Appeal guidelines, the sentencing range for adults who actively engage in destruction is three to four years’ imprisonment, and for those who deliberately remained at the scene a minimum of three years; for juveniles, priority should be given to reformatories or labour training centres instead of imprisonment.
Considerations include the riot’s detailed planning, participation by two to three hundred people, use of umbrellas, throwing of objects, pushing of metal barricades, and use of smoke bombs, lasting nearly 100 minutes and causing serious public disorder; the defendants’ lack of prior convictions, youth, and the delays in prosecution are mitigating factors; there is a need to balance punishment and deterrence with rehabilitation.
The court held that the offence of riot must be firmly deterred to uphold the rule of law and social peace; for young defendants, their background and prospects for rehabilitation must be duly considered, with appropriate use of the reformatory system, but adults should be given immediate custodial sentences.
Defendant One and Defendant Four, both adults, had a starting term of three years and three months, reduced by three months in mitigation, and were ultimately each sentenced to three years’ imprisonment; Defendants Two and Three were juveniles at the time of the offence, and, having regard to their backgrounds and rehabilitation needs, the court did not impose immediate imprisonment but ordered their detention in reformatories for disciplinary and vocational training. (Translated from Chinese to English by AI)
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