Court Suspends Sentence, Imposes 5 Million Won Fine in Second Trial for Female Teacher Accused of Sexual Harassment of Middle School Girl

Court.

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The court postponed the sentencing in the appeal trial of a female teacher who was fined in the first trial for sexually harassing her female middle school student.

The 1st Criminal Division of the Jeonju Branch of the Gwangju High Court (Presiding Judge Baek Gang-jin) announced on the 20th that it postponed the sentencing of a fine of 5 million won, which was handed down in the first trial, in the appeal trial of teacher A (57, female), who was indicted for violating the Act on the Protection of Children and Juveniles from Sexual Abuse (forcible molestation) and other charges.

Sentencing postponement is a ruling that defers the sentencing of relatively minor crimes punishable by imprisonment or detention of up to one year, disqualification, or fines for a certain period, and if two years pass, it is considered dismissed, thus exempting the defendant from sentencing.

A was indicted on charges of repeatedly committing acts causing sexual shame, including groping student B's body four times at a middle school in the province from September to December 2019.

It was investigated that A approached B, who was cleaning the hallway, and touched her body parts while saying, "You lost weight," and "You need to take care of yourself."

In court, A claimed, "I lightly touched and encouraged the student because I admired her efforts to lose weight." However, B consistently testified to the investigative agency, "It was humiliating because (the teacher) touched my body in front of others," and "I felt embarrassed and angry because it kept happening." The first trial court judged that there was physical contact against B's will and sentenced A to a fine of 5 million won. Additionally, A was ordered to attend a 40-hour sexual violence treatment program.

Meanwhile, A also received a disciplinary action of two months' suspension.

If the fine had been finalized, A would have been automatically retired under the Education Officials Act, but the appellate court postponed the sentencing citing the possibility of excessive punishment.

The court pointed out, "The victim likely felt considerable discomfort due to the defendant's crime," and "The defendant also engaged in inappropriate behavior by privately approaching students and witnesses who gave unfavorable testimony against her to the investigative agency and the first trial court, asking them to retract their statements."

However, the court stated, "The defendant has taught students for over 30 years without any particular problems since her appointment as a teacher, and her retirement is imminent," and "If a sentence corresponding to automatic retirement under the Education Officials Act is imposed, it would result in a harsh consequence beyond the responsibility for the defendant's actions," thus postponing the sentencing for A.

This content was produced with the assistance of AI translation services.