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。
Judgment states that the six defendants on the evening of 13 October 2019 built a roadblock and set fire at the junction of Tong Ming Street and Tong Chun Street in Tseung Kwan O, surrounded an undercover police officer (PW1), demanded he remove his mask to verify his identity and searched and seized his personal belongings, illegally detaining him for approximately seven to eight minutes; during this time Defendant 1 pulled his hair, Defendant 4 struck his thigh with a hammer, Defendant 6 jabbed him with an umbrella, Defendant 2 shouted abusive language, and Defendant 5 directed and protected Defendant 4, and together with other members of the crowd seized items from the officer’s bag. PW1 escaped but was then brutally attacked by about ten to twenty people wielding various blunt objects at location B, and at location C he was injured by multiple people including Defendant 1 using knee strikes, punches and tools. Another officer (PW2) who attempted to rescue him also suffered minor injuries, and both required hospital treatment. Following trial and guilty pleas, Defendants 1 to 5 were each convicted of offences including unlawful detention, riot, unlawful assembly and assault.
Riot: benchmark 3 years’ imprisonment; Unlawful assembly: benchmark 10 months; Unlawful detention: benchmark 12 months; Intentional causing of grievous bodily harm: benchmark 36 months; Inflicting grievous bodily harm on another person: benchmark 20 months.
The judge took into account the defendants’ collective violence against a serving police officer and the serious injuries caused by the use of weapons, warranting severe punishment, but also considered that the riot was spontaneous and of short duration, as well as the defendants’ personal backgrounds, their guilty pleas and the changes that had occurred over the years, and made a proportionate reduction.
Although the scale and duration of the riot were relatively limited, the unlawful violence against serving officers was particularly serious and deserves severe condemnation; the guilty pleas, remorse and specific circumstances were taken into account to mitigate the sentences.
In this case, Defendant 1 was ultimately sentenced to 30 months’ imprisonment, Defendant 2 to 7 months’ imprisonment, Defendant 3 to 10 months’ imprisonment, Defendant 4 to 27 months’ imprisonment, and Defendant 5 to 37 months’ imprisonment. (Translated from Chinese to English by AI)
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