判刑理由書撮要(由AI生成)
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The judgment stated that each defendant was alleged to have participated in the riot on 1 July 2019, which lasted approximately 99 minutes. The disturbance was premeditated, with around two to three hundred participants who threw umbrellas, eggs, water bottles and other obstacles at the police and repeatedly ignored warnings to disperse. All four defendants pleaded not guilty but were convicted of rioting after trial, and reports on their backgrounds, the labour training centre and the reformatory were requested for sentencing reference.
The maximum penalty for riot is ten years’ imprisonment, and the Court of Appeal’s sentencing guidelines were referred to, including twelve factors such as the level of premeditation, number of participants, degree of violence, duration, harm to others and public nuisance. For adult principal participants, the starting point is at least four years’ imprisonment; for instigators, three to four years. For juveniles, consideration is given to their reformative needs, with preference for placement in a labour training centre or reformatory in lieu of imprisonment.
The riot in this case was of moderate severity, involving large-scale planning and lasting nearly 100 minutes, posing a significant threat to public order and law enforcement personnel. At the same time, the defendants’ good character, lack of prior convictions, the delay in prosecution (due to the pandemic) and the rehabilitation needs of the juvenile defendants were taken into account.
The court must consider the overall context of the riot rather than isolated acts, impose deterrent sentences for collective violence, while balancing rehabilitation and punishment needs according to each defendant’s age and background, and grant discretionary reductions to reflect the pressure caused to defendants by the delay.
The adult defendants were each sentenced to three years’ immediate imprisonment for rioting; the two defendants who were 14 years old at the time of the offence were ordered to be detained in a reformatory in lieu of immediate imprisonment. (Translated from Chinese to English by AI)
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