CASE Nº RPAA 0036/15 / CS Page |4 14. Mr. BIZUMUREMYI Félix, counsel for HABIMANA Djumapili, states that his client admits to sitting the child on his thighs but did not insert his sex into her’s, but ejaculated and did not harm her. He adds that although what his client did was bad, he pleaded guilty on appeal as he did at the time of his arrest. He asks the Court to reduce his sentence in accordance with the provisions of article 78 of Organic Law n ° 01/2012 / OL of 02/05/2012 mentioned above, and on the jurisprudence established in case no RPA 0282 / 08 / CS-Prosecution vs NYIRANGONDO Virginie where the Court stated that wherever the defendant pleads guilty, he could have his sentence reduced. 15. The Prosecution representative states that HABIMANA Djumapili apologizes but does not plead guilty not does he give a clear explanation of how he committed the offence. He adds that Article 35 of Law n ° 13/2004 of 17/05/2004 on Penal Procedure Code in force at the time of the crime does not justify a more reduced sentence as it has already been sufficiently reduced, and that the merits of the judgment under appeal should not be changed. The Court’s analysis 16. Article 76 of the above-mentioned Organic Law n ° 01/2012 / OL of 02/05/2012, stipulates that the judge may consider the appropriateness of mitigating circumstances which preceded, accompanied or followed an offence. The decision to accept mitigating circumstances must be justified. 17. The Court finds that HABIMANA Djumapili admits that the child NTAWIHA Janath found him in the room, sat her on his thighs, did not insert his penis in the child’s vagina, acted under the influence of alcohol, did not ejaculate in the vagina, and he apologizes for it. 18. The Court also finds that, as described above, HABIMANA Djumapili's conduct constituted a crime of sexual child abuse, and that he has admitted it at the time of his arrest and before this Court and apologizes, which indicates his remorse, and therefore his confession constitutes a mitigating circumstance which justify reducing his sentence from 15 years to 10 years of imprisonment, so the judgment appealed against shall be reversed. III. COURT DECISION 19. Holds that the appeal of HABIMANA Djumapili is well-founded;