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3.16.2009

Chapter VII Crimes of Endangering the Interests of National Defense

Chapter VII Crimes of Endangering the Interests of National Defense

Article 368. Those who use methods of violence or threat to obstruct military personnel from carrying out their duties in accordance with the law are to be sentenced to not more then three years of fixed-term imprisonment, or criminal detention or control and may, in addition, be sentenced to a fine.

Those who intentionally obstruct military actions of the armed forces and cause serious consequences are to be sentenced to not more than five years of fixed-term imprisonment or criminal detention.

Article 369.
Whoever sabotages weapons or equipment, military installations or military telecommunications shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention or public surveillance; whoever sabotages major weapons or equipment, military installations or military telecommunications shall be sentenced to fixed-term imprisonment of 3 up to10 years; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death penalty.

Any one who commits a crime as described in the preceding two paragraphs and causes serious consequences due to negligence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are extremely serious, he shall be sentenced to fixed-term imprisonment of 3 up to 7 years.

He who commits a crime as mentioned in the preceding two paragraphs during wartime shall be given a heavier punishment.[As amended on 28 February 2005]

[Preceding formulation: Those who sabotage weapons and equipment, military facilities or military communications are to be sentenced to not more than three years of fixed- term imprisonment or criminal detention or control. Those who sabotage important weapons and equipment, military facilities or military communications are to be sentenced to more than three years but less than 10 years of fixed-term imprisonment. Those whose crimes are especially serious are to be sentenced to more than 10 years of fixed-term imprisonment, life imprisonment or death. During war times, the punishment will be more severe.]

Article 370. Those who knowingly supply unqualified weapons and equipment and other military facilities to armed units are to be sentenced to not more than five years fixed- term imprisonment or criminal detention. In serious cases, those law offenders are to be sentenced to more than five years but less than 10 years of fixed-term imprisonment. In especially serious cases, those law offenders are to be sentenced to more than 10 years of fixed-term imprisonment, life imprisonment or death.

Those who commit the above-mentioned crimes and cause serious consequences due to negligence are to be sentenced to not more than three years of fixed-term imprisonment or criminal detention. Those who commit above- mentioned crimes and cause especially serious consequences due to negligence are to be sentenced to more than three years but less than seven
years of fixed-term imprisonment.

If a unit commits crimes noted in section one of this article, the unit will be sentenced to a fine. Leading personnel of the unit having direct responsibility and other personnel directly responsible for the crimes are to be punished in accordance with section one of this article.

Article 371. The principal leaders of those who assemble a crowd to charge military forbidden zones and seriously disrupt order in military forbidden zones are to be sentenced to more than five years but less than 10 years of fixed-term imprisonment. Other active participants are to be sentenced to not more than five years of fixed-term imprisonment, criminal detention or control or deprivation of political rights.

The principal leaders of those who assemble a crowd to seriously disrupt order in military administrative zones, hamper operation in the military administrative zones and cause serious losses are to be sentenced to more than three years but less than seven years of fixed-term imprisonment.

Other active participants are to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, control or deprivation of political rights.

Article 372. Those who pose as military personnel and engage in cheating and bluffing are to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, control or deprivation of political rights. In serious cases, those law offenders are to be sentenced to more than three years but less than 10 years of fixed-term imprisonment.

Article 373. Those who instigate military personnel to escape from the unit to which they belong or knowingly employ those escaped military personnel are to be sentenced to not more than three years of fixed-term imprisonment, criminal detention or control if the situation is serious.

Article 374. Those who play favoritism and commit irregularities in conscription work or receive and deliver unqualified enlisted men are to be sentenced to not more than three years of fixed-term imprisonment or criminal detention if the situation is serious. Those law offenders are to be sentenced to more than three years but less then seven years fixed-term imprisonment if the consequences are especially serious.

Article 375. Those who forge, alter, buy or sell, steal or rob documents, certificates and seals of armed units are to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, control or deprivation of political rights. If the situation is serious, those law offenders are to be sentenced to more than three years but less than 10 years of fixed-term imprisonment.

Whoever illegally produces, buys, or sells uniforms of the armed forces shall, if the circumstances are serious, be sentenced to fixed-term imprisonment not more than three years, criminal detention or public surveillance, and/or be fined. [As amended on 28 February 2009]

[Preceding formulation: Those who illegally produce, buy or sell uniform, vehicle licenses and other military signs of armed forces are to be sentenced to not more three years of fixed-term imprisonment, criminal detention or control if the situation is serious, and, in addition, be sentenced to a fine.]

Whoever forges, steals, buys, sells, or illegally provides or uses license plates of vehicles or other special signs of the armed forces shall, if the circumstances are serious, be sentenced to fixed-term imprisonment not more than three years, criminal detention or public surveillance, and/or be fined; or if the circumstances are extremely serious, shall be sentenced to fixed-term imprisonment not less than three years but not more than seven years, and be fined. [Paragraph added on 29 February 2009]

Where any entity commits the crime in paragraph 2 or 3, it shall be fined, and the direct liable person in charge and other directly liable persons shall be punished under the applicable paragraph. [As amended on 28 February 2009]

[Preceding formulation of this paragraph: Units which commit the crime of paragraph two of this article are to be sentenced to a fine. The principal leading persons responsible for the crime and other directly responsible personnel are to be punished in accordance with paragraph two of this article.]

Article 376. Reserve service personnel who refuse or evade conscription or military training in times of war are to be sentenced to not more than three years of fixed-term imprisonment or criminal detention if the situation is serious.

Citizens who refuse or evade conscription in times of war are to be sentenced to not more two years of fixed-term imprisonment if the situation is serious.

Article 377. Those who intentionally provide false enemy information and thus cause serious consequences are to be sentenced to more than three years but less than 10 years of fixed-term imprisonment. Those whose acts cause especially serious consequences are to be sentenced to more then 10 years of fixed-term imprisonment or life imprisonment.

Article 378. Those who create rumors and undermine the morale of the armed forces are to be sentenced to not more three years of fixed-term imprisonment, criminal detention or control. In serious cases, those law offenders are to be sentenced to more than three years but less than 10 years of fixed-term imprisonment.

Article 379. Those who knowingly provide shelter, properties and things for escaped military personnel in times of war are to be sentenced to not more than three years of fixed-term imprisonment or criminal detention if the situation is serious.

Article 380. Units which refuse or intentionally delay military orders for supplies in times of war are to be sentenced to a fine. The principal leading responsible personnel and other persons directly responsible for the crimes are to be sentenced to not more than five years of fixed-term imprisonment or criminal detention. In serious cases, those law offenders are to be sentenced to more than five years of fixed-term imprisonment.

Article 381. Those who refuse military requisition in times of war are to be sentenced to more than three years of fixed-term imprisonment or criminal detention if the situation is serious.

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