Article 275 of the Criminal Law Crime of Intentional Destruction of Property Whoever intentionally destroys public or private property, if the amount is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the amount is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 289 Whoever commits the crime of intentional injury, intentional homicide, robbery and gathers people to "smash, smash and rob", thus causing disability or death, shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law. Whoever destroys or robs public or private property shall be convicted and punished in accordance with the provisions of Article 263 of this Law, in addition to being ordered to make restitution.
Extended data
On March 7, in order to repair the car, Wang was angry and smashed the goods, computers and cars being repaired in the auto repair center. A few days ago, the Gucheng court in Hubei publicly heard the case of destroying property according to law. The defendant Wang was sentenced to 28 months in prison and compensated for incidental civil liability.
In the middle of February 20 16, the defendant Wang sent the car to the automobile maintenance center for repair. During the period, Wang called several times to inquire about the maintenance of the car, and the auto repair center replied that the car was seriously damaged and had not been repaired.
At 3 o'clock in the afternoon of May 12 of the same year, Wang took a kitchen knife to the lobby of the auto repair center and smashed the display cabinets, goods, computers, glass doors and other items displayed in the lobby. Later, he came to the maintenance workshop with a knife and smashed the body and windshield of the two cars being repaired. The employees of the auto repair center helped Wang down and handed him over to the police who arrived at the scene.
Appraised by the price of the ancient city, the repair center lost 67,755 yuan. Appraised by forensic psychiatrists in Xiangyang City, Wang suffers from schizophrenia, which is of limited criminal responsibility.
The Gucheng court held that the defendant Wang deliberately destroyed the property of others in order to vent his anger, and the amount was huge. His behavior has constituted the crime of deliberately destroying property. The facts and charges charged by the public prosecution agency are established. Defendant Wang is a person with limited criminal responsibility and can be given a mitigated punishment according to law.
According to the relevant provisions of the Criminal Procedure Law and the General Principles of the Civil Law, the defendant Wang committed the crime of intentionally destroying property, was sentenced to two years and six months in prison, and compensated the plaintiff's auto repair center for material losses of 67,755 yuan.
People's Daily Online-A man in Gucheng was sentenced and compensated for smashing other people's property in a moment of anger.