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。
According to the judgment, on the evening of 13 October 2019 at around 7 pm, between thirty and forty defendants surrounded an undercover police officer outside the exit of Tong Ming Street Park in Tseung Kwan O, demanding that he remove his mask to verify his identity and searching his belongings. During this period, someone pulled his hair and repeatedly attacked him with a hammer, an umbrella, and fists and kicks. The officer fled to a nearby planter where he was beaten again, and another undercover officer who attempted to rescue him was also assaulted. Defendants one to five were subsequently convicted or pleaded guilty to offences including false imprisonment, intentional and common grievous bodily harm, unlawful assembly, rioting, and wearing a mask in an unlawful assembly.
The sentencing benchmarks for each offence are: rioting – three years; unlawful assembly – ten months; false imprisonment – one year; causing grievous bodily harm with intent – three years; common grievous bodily harm – twenty months.
This case involved the false imprisonment of a police officer on duty and the use of force against him. Although the incident was spontaneous, the circumstances were serious. The court, taking into account the defendants’ guilty pleas, good personal backgrounds, and the many years since the offence occurred, allowed some reduction in sentence and ordered concurrent sentencing.
The judge considered that the offences of rioting and assaulting a police officer were grave and warranted stern punishment to uphold the rule of law and ensure the safety of officers on duty, but also took into account the defendants’ remorse and prospects for rehabilitation, balancing punishment with the opportunity for reform.
Defendant one was sentenced to 30 months’ imprisonment for three charges (to be served concurrently); defendant two was sentenced to seven months’ imprisonment for unlawful assembly; defendant three was sentenced to ten months’ imprisonment for two charges (to be served concurrently); defendant four was sentenced to 27 months’ imprisonment for two charges (to be served concurrently); defendant five was sentenced to 37 months’ imprisonment for four charges (to be served concurrently). (Translated from Chinese to English by AI)
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