A court ruled Sunday that consensual sex between a teacher and an underage student still applied as sexual abuse of a minor.

The Bucheon branch of the Incheon District Court gave a female cram school instructor an eight-month prison term with two years of probation for cultivating a sexual relationship with her 13-year-old pupil. Under Korean law, the teacher would only serve the prison term if she ran afoul of the law again within two years. 

The instructor, 32, was indicted for having sex with the teenager on four counts from Oct. 9-25, 2015.

In court, she claimed their sexual relationship was mutual and they were in a romantic relationship.

However, the court determined the victim had yet to form a sexual identity and autonomy, and the accused had abused the sexual innocence of the victim to her unilateral sexual satisfaction.

The victim admitted to having felt “confused and ashamed” during their intercourse. However, he said he did love the accused, not wishing her to be penalized.

The court said it handed down a lenient sentence as the accused had no past criminal record and confessed the crime without holding back details.

Apart from the probation, she was also ordered to 120 hours of social service.

By Lim Jeong-yeo (kaylalim@heraldcorp.com)