Secondly, after the drunkenness smashed ktv TV behavior undoubtedly belongs to the intentional destruction of property, but whether it can constitute the criminal law article two hundred and seventy-five of the crime of intentional destruction of property "intentional destruction of public and private property, the amount of larger or other serious circumstances, punishable by three years of fixed-term imprisonment, detention or a fine; the amount of huge or other particularly serious circumstances, punishable by three to seven years of fixed-term imprisonment, detention or a fine; the amount of huge or other particularly serious circumstances, punishable by three to seven years of fixed-term imprisonment, detention or a fine. Circumstances, shall be sentenced to more than three years or less than seven years of imprisonment", but also depends on the amount of damaged property.
Since our criminal law does not make a clear definition of the amount of the crime of intentional destruction of property, so the implementation of the standard is not quite the same, Fujian Province, the crime of intentional destruction of public and private property in the determination of the "amount of larger" generally more than 10,000 yuan than less than 50,000 yuan; "the amount of huge" for more than fifty thousand yuan.
Committing the crime of intentional destruction of property
(1) If the amount is relatively large (the standard amount in Fujian Province is 10,000 yuan to 50,000 yuan) or there are other serious circumstances, it shall be sentenced to fixed-term imprisonment of not more than 3 years, criminal detention, or fine;
(2) If the amount is huge (the standard amount in Fujian Province is more than 50,000 yuan) or there are other particularly serious circumstances, it shall be sentenced to fixed-term imprisonment of not less than 3 years and not more than 7 years. or more than 7 years of imprisonment.
"Particularly serious circumstances" refers to the destruction of personal property, resulting in another person's mental disorder; destruction of production and business equipment and facilities, resulting in the cessation of production or business stops, causing significant losses; the destruction of the means of the extremely bad; and so on.
Judicial basis:
"Criminal Law"
Article 18 of the Criminal Responsibility of Special Personnel mental patients in the inability to recognize or unable to control their own behavior caused by the harmful results, confirmed by the legal process of appraisal, is not criminally liable, but should be ordered to his family members or guardians to closely watch and medical care; when necessary, by the government compulsory medical care.
Intermittent mental patients who commit crimes when they are mentally normal shall be held criminally responsible.
If a mentally ill person who has not yet completely lost the ability to recognize or control his own behavior commits a crime, he shall be held criminally liable, but he may be given a lighter or mitigated punishment.
A person who commits a crime while intoxicated shall be held criminally liable.
Article 275 The crime of intentional destruction of property Intentionally destroying public or private property, the amount of which is larger or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, detention or fine; if the amount of which is huge or there are other particularly serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.