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 noted that on the evening of 13 October 2019, six defendants assembled in the vicinity of the junction of Tong Ming Street and Tong Chun Street in Tseung Kwan O. Suspecting one person to be an undercover police officer, they surrounded him at location A, demanded he remove his mask and searched him. During this, some individuals attacked him multiple times with hammers, umbrellas, and with punches and kicks; the person then fled to location B where over a dozen individuals assaulted him with hammers, kicked him to the ground and stabbed him with umbrellas; he was subsequently taken to location C and subjected to knee strikes and punches to the head by several individuals. Afterwards, the person and his colleague were taken to hospital. Police investigation led to the arrest of six defendants, who were charged with offences including unlawful assembly, riot, false imprisonment, and intentional or grievous bodily harm.
The preliminary sentencing benchmark for riot is three years’ imprisonment, unlawful assembly ten months, false imprisonment one year, intentional grievous bodily harm three years, and causing grievous bodily harm to others twenty months.
Considering factors such as the defendants’ false imprisonment and multiple assaults on police officers during the riot, the seriousness of their roles, guilty pleas or admissions of facts, good character, lack of premeditation, the four years since the offence, family dependence and remorse, appropriate upward or downward adjustments were made to the sentencing benchmarks.
The judge held that inflicting serious violence on on-duty police officers and unlawfully restricting their liberty were grave offences that require severe condemnation, and that sentencing should embody special protection for public authorities and the deterrent effect on society.
Defendant One was sentenced to a combined term of 30 months’ imprisonment for false imprisonment, grievous bodily harm and riot offences, to be served concurrently; Defendant Two was sentenced to seven months’ imprisonment for unlawful assembly; Defendant Three received a combined sentence of ten months’ imprisonment for false imprisonment and unlawful assembly; Defendant Four received a combined sentence of 27 months’ imprisonment for intentional grievous bodily harm and riot; Defendant Five received a combined sentence of 37 months’ imprisonment for false imprisonment, intentional grievous bodily harm, riot and using a face covering during an unlawful assembly. (Translated from Chinese to English by AI)
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