After the first-instance judgment of Guangdong Province Shenzhen Broadcasting Technology Co., Ltd. and Wang Xin, Wu Ming, Zhang Kedong and Niu Wenju, the defendant Wu Ming was dissatisfied and appealed. On the morning of December 15, the Beijing No. 1 Intermediate People's Court publicly pronounced the case on the second instance. The court ruled that the appeal of the appellant Wu Ming was dismissed and the original judgment was upheld.
The court found that the defendant unit Shenzhen Fast Broadcasting Technology Co., Ltd. refused to fulfill its security management obligations through a large number of cache servers in the network system, and indirectly obtained huge illegal interests. The supervisors directly responsible for the fast broadcast company, Wang Xin, Wu Ming, Zhang Kedong, and Niu Wenju, did not perform their supervisory duties and let go of the obscene video when they knew that the fast broadcast company was engaged in Internet audiovisual program services and the audiovisual programs provided contained pornography. Stored and downloaded in a cache server controlled and managed by the fast broadcast company, resulting in a large amount of obscene video being spread online.
The court held that the appellant Wu Ming and the defendant unit Shenzhen Fast Broadcasting Technology Co., Ltd., the original defendant Wang Xin, Zhang Kedong, and Niu Wenju for the purpose of profit-making, disseminated obscene videos on the Internet, all of which constituted the spread of obscene articles. Sin, the circumstances are serious, and should be punished according to law. The appellant Wu Ming is the general manager of the fast broadcast business department. He is responsible for the marketing of core products such as fast broadcast players. He has the management right in the fast broadcast business department and should be identified as the person in charge directly responsible for the dissemination of obscene articles to the fast broadcast company. The criminal act shall bear the corresponding criminal responsibility. Wu Ming’s grounds for appeal that his conduct does not constitute a crime and his defender’s same defense opinions cannot be established and will not be adopted. However, given Wu Ming’s short participation time, he is not a shareholder of the company, and his role is relatively lighter than that of Wang Xin and Zhang Kedong. The original defendant unit Shenzhen Fast Broadcasting Technology Co., Ltd. intervened in obscenity video transmission through a large number of cache servers in the network system and refused to fulfill its security management obligations, indirectly obtaining huge illegal interests, and the social harm was great, but since the fast broadcast company can voluntarily plead guilty, It may be given a lighter penalty. Wang Xin, the defendant of the original trial, acted as the legal representative, shareholder, executive director and manager of the fast broadcast company. Zhang Kedong was the shareholder of the company, the deputy general manager of the business unit and the director of the technology platform department. Niu Wenju was the deputy general manager and director of the marketing department. All supervisors who are directly responsible for the dissemination of obscene articles in the fast-tracking company shall bear corresponding criminal liabilities according to their status and role in the crime, but in view of the fact that the three people can be honest during the second trial and the second trial in the first instance. To confess the facts of the crime and voluntarily plead guilty, it is possible to punish the three persons separately.
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