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(영문) 전주지방법원 군산지원 2015.01.07 2014고단1038
직무유기
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

As a member of the 6th City Council, the Defendant was elected as Vice-Speaker from July 1, 2012 to June 30, 2014. On April 11, 2014, the Defendant was appointed as a member of the 6th City Council, and became the chairman of the 6th City Council acting as Vice-Speaker.

On the other hand, on April 15, 2014, the Congress held a general meeting of councillors and discussed the measures for the operation of the Council according to the resignation of the Speaker, and decided to implement a special election for the Speaker.

The head of a local council shall convene an extraordinary session within 15 days at the request of the head of a local government or a member of the council.

Nevertheless, the Defendant did not call an extraordinary session within 15 days after receiving a request for convening an extraordinary session from 12 members, such as F, etc. among 20 registered members of the above Council, on May 8, 2014.

Accordingly, the defendant has deserted his duties without justifiable reasons.

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutor's statement concerning the F;

1. Application of the Acts and subordinate statutes to a copy of the request for convening a temporary session of the 177th City City (proceded in investigation records);

1. Relevant Article of the Criminal Act and Article 122 of the Criminal Act concerning the punishment;

1. One year of suspension of qualifications to be suspended;

1. In light of the facts acknowledged by the evidence stated prior to the reasoning of judgment on the Defendant’s argument and sentencing under Article 59(1) of the Criminal Act, it is determined that the Defendant’s failure to comply with the request for convening an extraordinary meeting in violation of Article 45(2) of the Local Autonomy Act constitutes a food neglect or renunciation of duties. Therefore, the Defendant’s act constitutes a crime of

In addition, it is difficult to call a realistic extraordinary session due to the ruling on the local election day, the remaining term of office of the chairperson to be elected by a special election was one month, and the new chairperson is elected.

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