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 on the evening of 12 November 2019, the victim X was surrounded by approximately thirty protesters outside the Sogo department store in Causeway Bay. Mistakenly believed to be an undercover police officer, his backpack was seized. Upon discovery of police equipment insignia, he was punched, kicked and struck continuously with the end of an umbrella for two to three minutes, resulting in bruising to his auricle and a scalp haematoma, and he lost his mobile phone and student ID. Both defendants participated in the assault at the time.
With reference to Court of Appeal precedents, the offence of rioting focuses on upholding the rule of law and public order, and generally requires immediate imprisonment, with a starting point of 42 months’ imprisonment.
In this case, the riot was instigated by a group of over thirty participants who used umbrellas as weapons. Both defendants applied force repeatedly and used violent means; although they have no previous convictions and have pleaded guilty, their conduct is inexcusable and must be punished and deterred.
The judge considers that violent protesters bullying the vulnerable in numbers is no different from what they call fighting tyranny, and umbrellas have become weapons. A clear message must be sent to society that such behaviour will not be tolerated by law.
The defendants were sentenced to 42 months’ imprisonment for each of the counts of rioting and wounding. Taking into account their guilty pleas and background, the term was reduced to 28 months, and then a further discretionary reduction of two months was applied, resulting in a total sentence of 26 months’ imprisonment to be served concurrently. (Translated from Chinese to English by AI)
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