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 Defendants One through Five, on the evening of 13 October 2019, during demonstrations in the Tseung Kwan O area, together with other demonstrators, surrounded and questioned an undercover police officer as to his identity, wielding hammers, wrenches, umbrellas and other implements, forcibly pulling and snatching his belongings and striking him repeatedly; the officer was initially besieged outside the park (Location A) before escaping, only to be surrounded a second time and attacked by multiple persons at the flower bed (Location B) and at the junction (Location C), resulting in multiple lacerations and a nasal bone fracture, and another officer received minor injuries; the entire illegal confinement and unlawful assembly immediately escalated into a riot.
The preliminary sentencing guideline for riot is three years’ imprisonment, ten months for unlawful assembly, twelve months for unlawful confinement, three years for wounding under section 17, and twenty months for wounding under section 19.
Sentencing considerations include whether the offence was premeditated, the number of participants and their roles, the use of weapons and the extent of injuries, the duration and scale of the riot and unlawful assembly, the defendant’s plea and any discount, the defendant’s family and social background, and the impact of time elapsed since the offence.
Emphasises that police officer safety while on duty must be strictly protected; serious violent conduct should be publicly condemned and punished with severe sentences to achieve both retribution and deterrence, while also taking into account the defendant’s personal background and guilty plea contribution.
Defendant One was sentenced to 30 months’ imprisonment on three offences, to be served concurrently; Defendant Two was sentenced to 7 months’ imprisonment for unlawful assembly; Defendant Three was sentenced to 10 months’ imprisonment on two offences, to be served concurrently; Defendant Four was sentenced to 27 months’ imprisonment on two offences, to be served concurrently; Defendant Five was sentenced to 37 months’ imprisonment on four offences, to be served concurrently, and all were taken into custody immediately. (Translated from Chinese to English by AI)
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