People's Procuratorate of Wuhu County, Anhui Province

punishment Protest

Wuhu JXK [2019] No. 1

The People's Court of Wuhu County, Anhui Province made a judgment on the case of the defendant Jiang and Sun's negligent damage to public telecommunications facilities with the (2019) W0221 Criminal Judgment No. 8:

1、 The defendant, Jiang, was sentenced to one year's imprisonment for the crime of negligently damaging public telecommunications facilities;

2、 The defendant Sun Moumou was sentenced to 10 months' imprisonment for the crime of negligently damaging public telecommunications facilities.

After examination according to law, our court believes that the penalty applied in this judgment is incompatible with the facts, nature and circumstances of the crime, and it is a misdemeanor for serious crimes, and the sentencing is obviously improper. The reasons are as follows.

1、 This case endangers public security and has serious consequences

1. This case has caused a long total blocking time of inter network communication. The case caused total blocking of inter network communication for 4 hours and 40 minutes. According to Article 2 (3) of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Destroying Public Telecommunication Facilities, the case caused total blocking of inter network communication for more than 2 hours, which is a serious consequence of the crime of destroying public telecommunication facilities. In this case, the total resistance duration of inter network communication is more than twice of the standard.

2. The case caused damage to national defense optical cables, seriously endangering public security and national defense interests. The case occurred during the 2018 National Two Sessions, and the behavior of the two defendants caused damage to the national defense communication optical cable of the Wuhu Military Subarea of the Chinese People's Liberation Army in Anhui Province, resulting in complete blocking of communication between the two local networks in Xuancheng, Wuhu, and seriously endangering public security and national defense interests.

3. The case caused great economic losses, and failed to fully compensate. The engineering cost of repairing the damaged optical cable in this case amounted to 111512.39 yuan. After the incident, the two defendants did not actively compensate for the economic losses, but paid 50000 yuan on behalf of others.

2、 The case was given a light sentence for a serious crime, and the sentencing was obviously improper

The legal punishment in this case is fixed-term imprisonment of not less than three years but not more than seven years. This case is a negligent crime that is avoidable but not avoidable with confidence, knowing that there is a national defense optical cable. Its subjective malignancy is heavier than ordinary negligent crime, and the target of the crime is special, with serious consequences. According to the relevant provisions on standardization of sentencing, the benchmark sentence in this case should be about four years and six months of fixed-term imprisonment. 2 The defendant, despite the circumstances of voluntary surrender, did not voluntarily surrender to the case before the judicial organ found out the case, but arrived at the case after being notified by telephone; The compensation is also made by others, and is not fully compensated; Both defendants have criminal record of having been sentenced to criminal punishment for intentional crimes. In this case, the sentencing should be based on the above circumstances. The court of first instance sentenced the two defendants to one year's and ten months' imprisonment respectively. The sentencing was extremely light and obviously improper.

To sum up, the penalty applied by the original trial court is not compatible with the facts, nature, circumstances and social harm degree of the crime in the case. It is an error in sentencing because of the light sentence for serious crimes and obvious improper sentencing. In order to maintain judicial fairness and accurately punish crimes, we hereby lodge a protest in accordance with the provisions of Article 228 of the Criminal Procedure Law of the People's Republic of China and apply for a sentence according to law.

Sincerely

Wuhu Intermediate People's Court of Anhui Province

February 21, 2019

Attachment: Both defendants are detained in Wuhu County Detention Center.