Article 14(4) of the Criminal Procedure Act provides that the provisions of Article 455 of the Criminal Procedure Act shall apply mutatis mutandis to the application for the formal trial, and Article 455(3) of the Criminal Procedure Act provides that "when the application for the formal trial is lawful, the trial shall be conducted by the trial." In light of each of the above provisions, in case where the trial has commenced due to the application for the formal trial by the defendant who has received the summary judgment, the provisions of Article 283 of the Criminal Procedure Act concerning the appointment of a public defender, like the ordinary trial, shall apply

According to the records, the defendant received a summary judgment of KRW 30,00 from the Daegu District Court on March 20, 1996 due to the crime of violation of the Road Traffic Act, and then requested a formal trial against the above summary judgment. The defendant was born on November 24, 1925 and was already over 70 years old at the time of the request for the formal trial of this case. The first instance court sentenced the defendant to a fine of KRW 30,00 on the end of the trial without appointing a state appointed defense counsel. The court of first instance also did not appoint a public defense counsel against the defendant and dismissed the defendant's appeal. Accordingly, if the facts are identical, the court below erred in violation of Article 283 of the Criminal Procedure Act on the appointment of a public defense counsel, and thus the judgment of the court below cannot be maintained.

Therefore, the judgment below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Shin Sung-sung (Presiding Justice)