A Criminal Law Analysis Of The Fast Broadcast Case

“QVOD Case” is a cybercrime case formed by using P2 P sharing software technology.The first-instance judgment adjudges that "defends “QVOD” constitutes the crime of spreading obscene article for profit.Some scholars believe that “QVOD Case” constitutes the crime of spreading obscene article for profit,and there are three different opinions on its way of transmission,namely behavior,inaction,and collection of acts and omissions.There are also scholars who apply the doctrine of former and lighter construction considers that “QVOD Case” constitutes the crime of refusing to fulfill the obligation of network security management.Some scholars believe that “QVOD Case” constitutes the crime of refusing to fulfill the obligations of cyber security management.Based on the retrospective power of the criminal law,ultimately it is not regarded as a crime.Some scholars demonstrate that “QVOD Case” was not guilty from objective and subjective perspective.“QVOD” is the collection of actions and inactions of the site's constructors and managers.Subjectively,it has “knowledge”,which allows obscene video to spread,and has a “profit-making purpose”,so it constitutes the crime of spreading obscene article for profit.“QVOD” is a network service provider who does not fulfill its network monitoring obligations and has been ordered to refuse to make corrections.It also satisfies one of the four circumstances stipulated in Article 286 of the Criminal Law and is subjectively “intentional”,constituting a refusal to perform the network.The crime of safety management obligations.From objective and subjective aspect,criminal policies do not justify the crimes.Eventually,“QVOD” is in conformity with the imagination of refusing to fulfill the obligations of cyber security management and the crime of spreading obscene article for profit.It should be convicted in accordance with the heavier penalty regulations and should eventually be disseminated as the crime of spreading obscene article for profit.