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 in the early hours of 7 August 2020, the five defendants, dressed in black and wearing masks, broke into Bakery A at Tseung Kwan O Plaza. They used hard objects to damage the cash register screen, the Octopus card reader and other in-store fixtures, and one person set fire to items, resulting in multiple scorch marks and damage to the machines in the shop, causing losses of approximately HKD 40,000. After the incident, the police identified the defendants via CCTV and arrested two of them at their residences on 16 and 20 August respectively, recovering clothing matching those used in the crime, press passes, mobile phones and Octopus cards. Both defendants pleaded guilty at an early stage; they were convicted of criminal damage, while the arson charges were allowed to lie on file.
Sentences for criminal damage must depend on the degree of risk posed to life and property; property threats fall under section 60(1) only. Reference is made to numerous sentencing reviews in social movement-related shop damage cases, where young defendants are often placed under probation orders, community service orders, or sent to rehabilitation centres or re-education through labour centres.
At the time of the incident there were no crowds as it was early morning; the destruction lasted about one minute, constituting a low to moderate level of severity. The two defendants were first-time offenders and young; they expressed deep remorse afterwards, and social assessments and rehabilitation reports support a structured corrective approach.
The two defendants, influenced by the negative atmosphere of the social movement, misjudged the situation and resorted to violence to vent their frustrations. They felt remorse afterwards. It is appropriate to send them to rehabilitation and re-education through labour centres to achieve the objectives of punishment, education and rehabilitation.
The court ultimately sentenced Defendant One to entry into a rehabilitation centre; Defendant Two, based on mental and physical assessments and his conduct, was sentenced to serve time in a re-education through labour centre. (Translated from Chinese to English by AI)
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