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 1 July 2019 at the junction of Yanyi Road and Longhui Road, the defendants, together with two to three hundred people responding to a protest call, preemptively wore masks and protective gear, organised the pushing of obstacles, rammed police lines with cardboard boxes and metal cage trolleys, and attacked police with miscellaneous items such as umbrellas, eggs and water bottles. The incident lasted approximately 99 minutes, disrupted traffic and caused public disturbance, and ultimately they were convicted of rioting.
The maximum penalty for rioting is 10 years’ imprisonment. The Court of Appeal stated that sentencing must take into account the circumstances of each case; this case was of moderate severity, with an adult sentencing starting point of over 4 years, 3 to 4 years for those who intentionally remained, and youth defendants should be first considered for placement in a reformatory or labour training centre.
The judge considered a total of 12 factors (premeditation of the riot, scale, degree of violence used, duration, public disturbance, etc.), the defendants’ lack of prior convictions, any prejudice caused by prosecutorial delay, age and letters of mitigation as factors for reduction, while also taking into account upholding the rule of law, deterrence, and the defendants’ rehabilitation needs.
The judge held that rioting must be met with a firm response, and the sentence must have a deterrent effect to maintain social order. For youth defendants, there should be a balance between punishment and rehabilitation; detention in a reformatory can both prevent reoffending and provide comprehensive discipline and educational training.
Defendants 1 and 7 were each sentenced to 3 years’ immediate imprisonment; defendants 5 and 6 were respectively ordered to be detained in a reformatory. (Translated from Chinese to English by AI)
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