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Model Cases regarding National Security Education for All Published by the Supreme People's Court and Relevant Legal Provisions [Effective]
最高人民法院发布全民国家安全教育典型案例及相关法律规定 [现行有效]
【法宝引证码】

Model Cases regarding National Security Education for All Published by the Supreme People's Court and Relevant Legal Provisions 

最高人民法院发布全民国家安全教育典型案例及相关法律规定

(April 15, 2019) (2019年4月15日)

I. Model Cases   一、典型案例
1. Case regarding Huang's Secret Gathering and Illegal Provision of State Secrets for a Foreigner 1.黄某某为境外刺探、非法提供国家秘密案
Defendant Huang made acquaintance with a foreigner through Tencent QQ. At the request of the foreigner, Huang made observations near a naval port. He gathered information on the warship in the naval port by watching with a binocular and taking photos with a mobile phone and sent the arranged and edited information to the foreigner for the purpose of seeking a reward. Up to the exposure of this case, Huang has sent information to the foreigner for over 90 times and received a reward of CNY54,000. It was found upon appraisal that information provided by Huang to the foreigner was confidential military secret. 被告人黄某某通过QQ与一位境外人员结识,后多次按照对方要求到军港附近进行观测,采取望远镜观看、手机拍摄等方式,搜集军港内军舰信息,整编后传送给对方,以获取报酬。至案发,黄某某累计向境外人员报送信息90余次,收取报酬5.4万元。经鉴定,黄某某向境外人员提供的信息属1项机密级军事秘密。
In the view of the court, defendant Huang ignored the state laws, accepted the instigation of a foreigner, actively and secretly gathered information for the foreigner, and illegally provided state secrets. He has been guilty of secretly gathering and illegally providing state secrets. In accordance with the relevant provisions of the Criminal Law of the People's Republic of China, Huang was sentenced to five years of fixed-term imprisonment with deprival of political rights of one year and his personal property of CNY50,000 was confiscated for committing the crime of secretly gathering and illegally providing state secrets for a foreigner. 法院认为,被告人黄某某无视国家法律,接受境外人员指使,积极为境外人员刺探、非法提供国家秘密,其行为已构成为境外刺探、非法提供国家秘密罪。依照《中华人民共和国刑法》相关规定,对黄某某以为境外刺探、非法提供国家秘密罪判处有期徒刑五年,剥夺政治权利一年,并处没收个人财产人民币5万元。
2. Case regarding Zhou's Sabotage of Military Installations 2.周某破坏军事设施案
In April 2016, defendant Zhou stole cables in the power distribution room at the oil transfer station of a troop of the People's Liberation Army of China by destructive means for three times, causing the sabotage of power distribution cabinets in the power distribution room. Since the power distribution room could not provide power support to the pump house for oil transfer in the reservoir area, the mission of war reserve oil transfer failed to be completed. It was found upon appraisal that the stolen cables had a value of CNY4.09 million in total. 2016年4月间,被告人周某先后三次采用破坏性手段盗窃中国人民解放军某部队油料转运站配电间内电缆线,致使配电间内的配电柜遭受破坏,配电间不能为库区油料转运输送泵房提供电力支撑,无法完成担负的战备油料转运任务。经鉴定,被盗电缆线共计价值人民币409元。
In the view of the court, defendant Zhou knowingly sabotaged military installations and he has been guilty of sabotaging military installations. Considering that Zhou was a minor, he pleaded guilty and showed repentance, and the social harm was relatively small, he may be sentenced to probation according to the law. In accordance with the relevant provisions of the Criminal Law of the People's Republic of China, Zhou was sentenced to eight months of fixed-term imprisonment with suspended execution of one year for committing the crime of sabotaging military installations. 法院认为,被告人周某明知是军事设施而予以破坏,其行为已构成破坏军事设施罪。鉴于周某系未成年人,认罪、悔罪态度较好,社会危害性较小,依法可以宣告缓刑。依照《中华人民共和国刑法》相关规定,对周某以破坏军事设施罪判处有期徒刑八个月,缓刑一年。
3. Case regarding Zhang's Sabotage of Military Communications 3.张某某破坏军事通信案
When defendant Zhang organized workers to remove the solar energy equipment on the roof of a guest house, the military communications optical cable of a troop of the People's Liberation Army of China was damaged, resulting in the obstruction of military communications. Afterwards, maintenance personnel from the troop arrived at the scene for urgent repairs and notified Zhang that they should not conduct the construction again until the matters concerning the damaged military communications optical cable have been handled. Zhang later organized workers to carry out the construction again and damaged the military communications optical cable in the same location, resulting in the obstruction of military communications. Knowing that it was a military communications optical cable and without reporting to the troop and obtaining the approval, Zhang welded the damaged optical cable, resulting the interruption of national defense communications line for 120 minutes. It was found upon appraisal that the expenses incurred from the restoration of the twice-damaged military communications optical cable and the expenses incurred from obstruction caused by line interruption amounted to CNY294,300. 被告人张某某组织工人对某招待所楼顶太阳能进行拆除时,将中国人民解放军某部队的军事通信光缆损毁,造成军事通信阻断。随后部队维护人员赶到现场进行紧急抢修,并告知张某某待军事通信光缆损毁事宜处理完后再行施工。后张某某自行组织工人再次施工,并再次将同一位置的军事通信光缆损毁,造成军事通信阻断。张某某在明知是军事通信光缆且在未向部队报告取得同意的情况下,擅自对损毁的光缆进行熔接,造成国防通信线路中断120分钟,经鉴定两次损毁的军事光缆恢复费及线路中断造成的阻断费合计人民币294300元。
In the view of the court, as the construction manager, defendant Zhang knew that it was a military communication facility, he still operated against rules, resulting in the damage of military communications line. In addition, he welded the military communications line, causing the interruption of military communications. He has been guilty of sabotaging military communications. Considering that after being arrested, Zhang truthfully confessed to his crime and economic losses of the troop have been compensated, Zhang was sentenced to a lighter punishment. In accordance with the relevant provisions of the Criminal Law of the People's Republic of China, Zhang was sentenced to three months of criminal detention for committing the crime of sabotaging military communications. 法院认为,被告人张某某作为施工管理人员,明知是军事通信设施,仍然违章作业,造成军事通信线路损毁,并私自熔接该通信线路,致使军事通信中断,其行为已构成破坏军事通信罪。鉴于张某某到案后如实供述自己的罪行,部队的经济损失已得到赔偿,故予以从轻处罚。依照《中华人民共和国刑法》相关规定,对张某某以破坏军事通信罪判处拘役三个月。
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