said that the court made a fair assessment of the circumstances of the case,
by declaring the accused guilty of the facts charged against him;
Considering that in this case it is appropriate, having regard to the
circumstances of the case, to apply to the accused the provisions of Article
117 of the Penal Code and to grant him extenuating circumstances;
That it is therefore advisable to confirm the impugned judgment in its
declarative provisions of guilty and to amend it with regard to the sentences
pronounced;
On the costs
Considering that the accused succumbs;
That he should be ordered to pay the costs;
FOR THESE REASONS
Ruling publicly, after trial, in correctional matters and as a last resort;
IN THE FORM
Declares admissible the appeal lodged by the accused;
ON MERITS
Holds that it is partially founded;
Confirms the appealed judgment in its declarative guilt provisions; and
amends it as to the penalty;
Sentences the accused to 9 months of imprisonment and a fine of fifty
thousand francs (50,000 f) CFA;
Confirms the judgment for the rest;
Fixes the lowest duration of the imprisonment for non-payment of fine;
The whole by application of the provisions of the law referred to in the
judgment and read by the first judge;
Thus done, decided and pronounced by the Court of Appeal of Bouake (Ivory
Coast) on the day, month and year as above;
And signed by the President and the Registrar.
Mr. KONE Kalilou, First President,
President: M. KONE KALILOU.