The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal is sufficient to see that B apartment houses, which are places where the crime of this case, are crime places where many people gather or frequent due to noise problems between floors. Considering the fact that the defendant's act at the time of the crime can be deemed to have brought about the surrounding area beyond a simple dispute, and the necessity of punishment and the overall interpretation of the legal provisions, etc., the judgment of the court below which acquitted the defendant, despite the fact that the defendant's act should be punished as a disturbance of drinking alcohol, is erroneous by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. On May 2, 2008, the summary of the facts charged: (a) around 11:30, the Defendant was unable to cause a disturbance with a large amount of voice that he would pay money in the circumstances where there are several persons, such as saf and safly, under the influence of drinking within 401 Dong 1204.

B. As to the judgment of the court below, according to the evidence, the court below found the defendant guilty on the ground that the defendant was found in Yangju-si B apartment 401 Dong 1204, where he was under the influence of alcohol on the day of the instant case, to the effect that he would have paid money to Cho Jong-ri in his house. Even according to the above facts, the above apartment 401 Dong 1204, which is the above apartment 401 Dong 1204, as he and his family's residence, cannot be viewed as "the place where many people gather or frequent, such as a public hall, theater, restaurant, etc." under Article 1 subparagraph 25 of the Punishment of Minor Offenses Act, and that there is no other evidence to acknowledge it.

C. In light of the contents and purport of Articles 1 subparag. 25 and 4 (Prohibition of Abuse) of the former Punishment of Minor Offenses Act (amended by Act No. 11401, Mar. 21, 2012; hereinafter the same), the Defendant’s act is subject to Article 1 of the former Punishment of Minor Offenses Act.