Nevertheless, when homogeneous elements as subjective and objective facts concerned haven't penalty differences, intentional crime as objective facts concerned is constituted. 但是,主客觀(guān)事實(shí)所涉及的同質(zhì)構成要件無(wú)刑罰差別時(shí),成立現實(shí)發(fā)生事實(shí)的故意犯罪。