陈雅儒 永检
By Chen Yaru and Yong Jian
温州，8月6日 -- 温州男子贺某在清理鱼塘时，在已被告知鱼塘底下埋有国防光缆的情况下仍未谨慎施工，造成光缆被挖断。7月29日，温州永嘉县人民检察院以涉嫌过失损坏军事通信罪对贺某提起公诉。
WENZHOU, Aug. 6 -- A man surnamed He from Wenzhou City in east China’s Zhejiang Province, broke the national defense optical cable buried under a fishpond when he was clearing the fishpond. Although previously he had been informed that there was a national defense optical underneath, he did not take it seriously. On July 29, the People's Procuratorate of Yongjia County, Wenzhou City, filed a public prosecution against him on suspicion of negligence causing damages to military communications.
2020年8月，贺某所在工程公司于施工过程中发生事故，导致大量泥浆流到夏某的鱼塘内。应夏某要求，贺某于去年11月18日，驾驶挖掘机为其清理鱼塘。在被告之鱼塘下埋有国防光缆需谨慎施工，且鱼塘旁边亦设有国防光缆警示牌的情况下，贺某并未采取必要预防措施，致使鱼塘内国防光缆被挖断，通讯业务中断310分钟，造成直接经济损失约45万元，间接业务损失费用约13万元。
An accident occurred during the construction of Mr. He's engineering company in August 2020, which caused a large amount of mud to flow into the fishpond of a man surnamed Xia. At the request of Mr. Xia, Mr. He drove an excavator to clean up the fishpond on November 18 last year. Even though Mr. He was informed that there was a national defense optical cable buried under the fishpond and there was also a national defense optical cable warning sign next to the fishpond, Mr. He did not take the necessary precautions and broke the national defense optical fiber cable under the fishpond. As a result, the communication was cut for 310 minutes, causing a direct economic loss of about 450,000 yuan and an indirect loss of about 130,000 yuan.
永嘉县检方审查认为，被告人贺某明知该鱼塘下面有国防光缆，仍未小心谨慎施工，导致重要军事通信中断，已构成刑法第三百六十九条第二款规定的过失损坏军事通信罪。
The Yongjia County Prosecutor found that the defendant Mr. He knew that there was a national defense fiber optic cable under the fishpond, but did not work carefully, which resulted in the interruption of important military communications. This constituted negligence causing damages to the military communication crime as stipulated in the second paragraph of Article 369 of the Criminal Law.
