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, during an assembly authorised by a no-objection letter held at Edinburgh Place in Central, protesters tore down the national flag and threw it to the ground. When the police arrived to retrieve the flag, they were surrounded and jeered at by approximately fifty people. Amid the chaos, the defendant leapt towards a senior police officer and pushed him down with both hands to help fellow protesters escape, before being subdued and arrested. The overall confrontation lasted about twenty minutes, during which there were minor attacks such as throwing empty plastic bottles, and four police officers sustained only minor injuries.
The maximum sentence for rioting is ten years, and for assaulting a police officer is two years; referring to the Tang Ho Yin case and relevant district court precedents, the starting point for the rioting offence was set at four and a half years, but reduced to three years and seven months due to the minor scale of this case, and the sentence for assaulting a police officer was set at three years and nine months (forty-five months), before applying a discount for guilty plea.
The defendant pleaded guilty at an appropriate time, saving judicial resources, voluntarily accepted social work counselling and expressed remorse, has no prior convictions and is young; acted only on a momentary impulse, was not an organiser, and his level of participation was similar to that of other protesters; assaulting a police officer is an aggravating factor.
The incident was highly spontaneous, the scale of the riot was small and brief, the violence and the throwing of objects were minor, the disturbance to the public and property was limited, and the injuries to police officers were minor. On the whole the defendant’s culpability was less than in the reference cases, so a lower sentence was appropriate.
The defendant was sentenced to 28 months’ imprisonment for rioting and two months’ imprisonment for assaulting a police officer, to be served concurrently, for a total of 28 months’ imprisonment. (Translated from Chinese to English by AI)
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