Our sentencing case today Wang Xin jailed for three years and six months gold million yuan penalty

this morning Beijing Haidian court of the accused unit of Shenzhen science and Technology Co., the defendant Wang Xin, Wu Ming, Niu Wenju, Zhang Kedong, the crime of dissemination of pornographic materials case for sentencing. Nora company fined ten million yuan, Wang Xinfan dissemination of pornographic materials for profit, sentenced to three years and six months, a fine of RMB one million yuan. Zhang Kedong commits the crime of dissemination of pornographic materials, sentenced in three years and three months, fined five hundred thousand yuan, Wu Ming committed the crime of dissemination of pornographic materials, sentenced in three years and three months, fined three hundred thousand yuan, cattle Wen commits the crime of dissemination of pornographic materials, sentenced to three years imprisonment, fined two hundred thousand yuan.

the presiding judge in the judgment pointed out that Nora has video on the Internet information service provider shall bear the obligation of network security management, broadcasting company and the accused in knowing Nora network system, there are a lot of pornographic video still involved in pornographic video communication activities, the dissemination of pornographic video laissez faire indirect intention. Nora company has the obligation to undertake network security management obligations may not refuse to fulfill the obligations of network security management, Nora company and the defendant’s behavior has the purpose of illegal profit. Therefore this case does not apply "exemption of technology neutrality does not belong to" help "neutral, Nora’s crime to profit for the purpose of allowing pornographic video spread acts constitute the crime of dissemination of pornographic materials unit.

Nora company’s behavior does not belong to the provisions of the judicial interpretation of the spread of pornographic items of profit crime particularly serious circumstances. Nora company allowed to spread a large number of pornographic videos and access to a huge amount of illegal interests should be identified as serious".

according to the provisions of the first paragraph of article 363rd of the criminal law of our country, for the purpose of making profits, production, reproduction, publication, trafficking, dissemination of pornographic materials, three years of fixed-term imprisonment, criminal detention or control, and impose a fine; if the circumstances are serious, more than three years of fixed-term imprisonment of ten years and shall also be fined; if the circumstances are especially serious, less than ten years of fixed-term imprisonment or life imprisonment, a fine or confiscation of property.

case review:

November 13, 2013, Tencent video, Sohu video, music and other dozens of video sites and copyright parties launched a joint action against China’s online video piracy, filed a lawsuit to Nora and other companies.

May 20, 2014, the Shenzhen municipal market authority to Nora served a notice of administrative penalty hearing, intends to impose a fine of 260 million yuan Nora suspected piracy.

May 30, 2014, Haidian District Procuratorate on suspicion of the crime of spreading pornographic materials approved the arrest of Wang Xin. Because Wang Xin fled, the next day, the Ministry of Public Security issued a red warrant.

August 8, 2014, Wang Xin was arrested fled abroad in 110 days, the final judicial organ for its alleged dissemination of pornographic materials charges.

January 7, 2016, Haidian court open >

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