At the time, the defendant's place of drinking in mind was near the vinyl installed in the victim's house, and it was connected with the victim's bedrooms, boilers, and the roof of the eavesd body, and as electric wires, etc. are complicatedly connected, there was a high possibility that, in the event that the fire is located, it would be moved to the plastic house through the pole or electric cable, it would be possible to spread to the bedrooms, boiler rooms, etc.

Nevertheless, at around 04:16 on the same day, the Defendant, in the vicinity of the plastic houses installed at the end of the victim’s house, she moved to a plastic house by attaching a fire to the plastic house, which was in possession of a flusium in the course of growing the drilling, after piling up a slid of a flusium (so called “chills”). However, the Defendant attempted to suppress the flus by the police officers dispatched by the victim’s report who was in compliance with the above flusium through visual currencies at the time.

Thus, the defendant tried to destroy a structure used as a residence by a person, but did not commit an attempted crime.

2. Determination

A. The subjective element of the constituent element of a crime refers to the case where the possibility of occurrence of the crime is uncertain and it is acceptable as it is stated that it is. In order to have dolusence, there is a perception of the possibility of occurrence of the crime, as well as an internal intent to allow the risk of occurrence of the crime, and whether the actor has accepted the possibility of occurrence of the crime does not depend on the statement of the offender.