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(영문) 창원지방법원 2020.11.12 2019가합56640

손해배상(기)

Text

1. The Defendant’s KRW 12,650,00 for the Plaintiff and KRW 5% per annum from November 22, 2019 to November 12, 2020 for the Plaintiff.

Reasons

Basic Facts

On November 28, 2017, the police officer of the Busan East Police Station, at the Busan East Police Station, received a report from the mother taxi driver on November 28, 2017 that he/she was sexually victimized by his/her passengers on his/her taxi on November 28, 2017, and heard the statements from the above taxi driver and the passengers on his/her taxi at the time, and then, on November 30, 2017, the non-suspected suspect on November 22:30, 2017 to November 28, 2017 (hereinafter referred to as the “instant criminal case,” and the above victim is referred to as the “victim of the instant criminal case”). < Amended by Act No. 15014, Nov. 30, 2017; Act No. 15084, Nov. 28, 2017>

On November 28, 2017, the police officer belonging to the Busan East Police Station requested DNA identification of the victim of the instant criminal case, other than personal belongings of the victim of the instant criminal case, and DNA identification of the victim of the instant criminal case, collected from the clothes of the victim of the instant criminal case, and DNA samples collected from the chest on November 28, 2017.

The National Institute of Scientific Investigation on December 8, 2017 refers to information acquired through DNA identification for the purpose of identifying DNA identification information, which is indicated as a combination of numbers or codes, even though DNA identification information was detected by the same male type in each of the above samples on December 8, 2017.

[The Act on the Use and Protection of DNA Identification Information (hereinafter “DN Act”)]

Article 2 Subparag. 4) As a result of the database search (hereinafter referred to as “base”), DNA identification information identical to DNA type of DNA type for the aforementioned male was not searched and that DNA identification information for DNA type is stored in the database; hereinafter referred to as “genetic assessment report on December 8, 2017,” which read “genetic assessment report” with the content that DNA identification information for DNA type is not searched and stored in the database.

The answer was made to the Busan East Police Station.

On the other hand, by March 2018, the police officer belonging to the Busan East Police Station in this case.