判刑理由書撮要(由AI生成)
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The judgment stated that in October 2019 the wave of social protests intensified and some demonstrators turned to violent destruction. In the early hours of 8 October, the two defendants took advantage of the closure of the Tseung Kwan O MTR station due to a prior clash and the pried-open gap in the glass curtain wall. Each, armed respectively with an iron hammer and a crowbar, entered the station through that gap, successively shattered the platform glass doors, then threw ladders and metal objects onto the tracks, causing the MTR Corporation over HK$2 million in repair costs; they were subsequently arrested by officers inside the station and each admitted to the related vandalism, being convicted of burglary.
For burglary not involving a dwelling, the baseline sentence is 30 months’ imprisonment; however, this case is not an ordinary burglary, as it involved meticulous planning and significant destruction, so the general sentencing guidelines are not applicable.
The court held that the two defendants had made thorough preparations in advance and that the severity of damaging public facilities warranted a deterrent sentence, taking into account the harm to social order and the public interest. Therefore, the starting point for sentencing was set at 39 months’ imprisonment; a reduction was granted because of the defendants’ guilty pleas and considerations of their youth and emotional issues.
The judge reiterated that violent destruction cannot be justified and that expressing demands or being incited is no excuse; such vandalism not only damages public facilities but also undermines social harmony and passenger safety, sending a clear message to society that illegal actions will be prosecuted.
Taking into account the reduction for guilty pleas and mitigating factors, the sentence was ultimately reduced from 39 to 26 months’ imprisonment, to be served immediately. (Translated from Chinese to English by AI)
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