Kernrechtsfrage
Whether the public element of night-noise disturbance under § 23 Abs. 1 EG StGB was met when noise from private property was audible in neighboring premises.
Extrahierter Entscheid
Yes. Publicness is satisfied when noise leaves the private sphere and is perceptible outside it, including in an adjacent house; the number of complainants is irrelevant.
Extrahierte Begründung
The alarm horn produced sound outdoors and in the neighboring house. Publicness does not require noise to be heard by many people or to reach the street; it is enough that it affects another private sphere from outside.