Defendant: Zhang, male, born in 1988, university education, employee of Shanghai Chuangtu Network Technology Co., Ltd.
The Shanghai Xuhui District People's Procuratorate alleged:
From the end of February to March 2022,Zhang has repeatedly used Alibaba Cloud's stress testing service to conduct a series of "wxshqyg.com" web page at the same time a large number of visits to carry out attacks, resulting in slow access to the page or even inaccessible, resulting in additional serversLoss of RMB 1 for the purchase of protective servicesMore than 40,000 yuan. On August 25, 2022, Zhang was arrested by the police in this city, and he truthfully confessed the above criminal facts after arriving at the caseHis company has refunded RMB 300,000 on his behalf and has been understood. The public prosecution believes that Zhang should be investigated for criminal responsibility for the crime of destroying computer information systems. Zhang X pleaded guilty and accepted punishment, and may be given a lenient disposition;Those who truthfully confess their crimes after being brought into the case may be given a lighter punishment. It is recommended that Zhang be sentenced to six months' detention with a suspended sentence. Submit for trial in accordance with law. Zhang had no objections to the facts, evidence, charges and sentencing recommendation charged in the indictment, pleaded guilty and accepted punishment and signed an affidavit, and had no objections during the trial. The defender believes that Zhang is a first-time offender and an occasional offender, and has confessional circumstances and voluntarily admits guilt and accepts punishment;After the case occurred, he took the initiative to refund the relevant expenses and obtained the understanding of the victim unit, and it is recommended that Zhang be given a lighter punishment and a suspended sentence. The facts ascertained by the court are consistent with the above-mentioned facts alleged by the public prosecution. The above facts are proved by the following evidence submitted by the public prosecution and cross-examined by the court, and confirmed by the court: the case registration form, work conditions, notice of evidence collection, list of evidence collected, relevant service contracts, Alibaba Cloud stress test records, cost descriptions, WeChat screenshots, relevant understanding agreements, testimony of witnesses Jiang, Yang, Zhang, Wu, Gao, Qiu, Liang, Sheng, Chen, Li, Zhou, and others, as well as Zhang's confession after arriving at the case. The court ruled:
The court held that Zhang violated state regulations by interfering with the functions of the computer information system, causing the computer information system to fail to operate normally, and the consequences were serious, and his behavior constituted the crime of destroying the computer information system and should be punished in accordance with law. The prosecution's allegations were upheld. After Zhang X is brought into the case, he can truthfully confess the facts of the crime and return the relevant expenses, and voluntarily admit guilt and accept punishment, and may be given a lighter punishment in accordance with law and as appropriate. Based on the facts, nature, and circumstances of the crime in this case, and the degree of harm to society, the sentencing opinions and recommendations of the prosecution and defense conform to the principle of proportionality of crime and punishment in the Criminal Law, and the court supports them. Accordingly, in accordance with the provisions of Article 286, Paragraph 1, Article 67, Paragraph 3, Article 72, Paragraph 1, Article 73, Paragraphs 1 and 3 of the Criminal Law of the People's Republic of China, and Article 15 of the Criminal Procedure Law of the People's Republic of China, the judgment is as follows:Zhang was convicted of sabotaging a computer information system and sentenced to six months' detention with a six-month probation. In the community, Zhang shall abide by laws and regulations, obey the supervision and management of community corrections establishments, receive education, complete public interest work, and be a citizen beneficial to society. Cloud headlines.