While delivering food to the police academy, the car-follower took a photo of the order and put it on his Instagram account on the social platform, and was arrested with the words "I want you all to graduate from work", and was convicted earlier. Convicted of intimidation, sentenced to 7 months and 15 days in prison.
The defendant's appeal against the sentence was dismissed today (15th) by Judge Zhang Huiling of the High Court.
In his speech, Zhang Guan pointed out that the first-instance magistrate did not make a mistake of principle when he sent the sentence, and pointed out that the object of the defendant's threat was a trainee police officer, and at the time of frequent social movements, the case was serious. Age-appropriate commutation is already lenient.
The defendant, Yang Huijun (21), was charged with one count of criminal intimidation, alleging that he threatened to cause physical harm to police cadets in Hong Kong on February 12, 2020, with the intent to frighten them.
Delivery to the police academy and remarks on IG: I want all of you to graduate and not to work. The workers are jailed. On July 15th, the workers sent the intestines to the police academy IG to post the order photo. pen
The judge pointed out that the first-instance magistrate had deducted one and a half months of leniency due to the age of the defendant.
Zhang Guan mentioned in the judgment that the defendant pointed out that the first-instance judge Liu Qiyun said in sentencing that the defendant chose to post on the IG account with more than 400 fans after a plan, obviously in order to attract more people in a short period of time. It has been seen that this claim is misunderstood or deductive evidence.
The defendant also claimed that Guan Liu had mistakenly considered the hearsay and evidence of the police officers, and based on this, he speculated that other police officers who learned about the incident at the time were also panicked for their personal safety. Not fair.
Zhang Guan agrees with the prosecution's point of view that Liu Guan believes that the defendant's plan to commit the crime is based on the way he took the image of the manifest, including folding the half of the bill before taking a photo, so as to show only part of the information, and the text "I want you All of them failed to finish their careers", reflecting that his filming methods and techniques were thought out.
When considering the police officer's testimony, Liu Guan was based on the fact that the witness had shown the screenshot to other students and discussed it, so he could learn from it that the students' feelings were compared with his own, so it was not hearsay evidence.
Therefore, Guan Zhang believes that the circumstances of this case have the seriousness described by Guan Liu, and there is no mistake in principle, and the starting point of the 9-month sentencing is not obviously excessive.
In addition, Liu Guan has also deducted one and a half months according to the age of the defendant, and sentenced the defendant to 7 months and 15 days in prison. It can be seen that the defendant has been given leniency.
Case number: HCMA 603/2021