In confirming the work of the 1st Judge in all its dispositions, the Court shall not retain the sentence of 5 years in the accused's conviction; Taking into account that he has no prior known criminal record, that he is a head of family and of frail mentality, an element that constitutes extenuating circumstances in favor of the accused and that the 1st Judge did not take into consideration in the sentencing and that contribute to its reduction; It is thus that the Court deciding on this count sentences the accused to three years of imprisonment and to pay the fees of the proceedings; In this, it declares the appeal of the accused partially founded; THEREFORE: The Court, judiciary section; Ruling after the public and due hearing of both parties; Having heard the Prosecution; Declares admissible and partially founded the appeal of the accused KABAMBA WALOSSA; Consequently, it confirms the previous judgement in all its dispositions except in what concerns the sentence of 5 years of imprisonment held against him; It amends it on this count and taking into account the above mentioned extenuating circumstances in his favor, it sentences him to three years of imprisonment and to pay the fees of the proceedings within the legal deadline or face 7 dys of detention; Thus gathered and pronounced by the Appeals Court of Kinshasa/Gombe, in its public hearing of the 26th October 2012, in which were seated the Magistrates ILUNGA TSHAMAKEJI, President of the Chamber, PENGA PENGA BELESI and Gaston DJONGOSONGO, Advisors, in the presence of Mr. BAHINDWA, Prosecutor and with the assistance of KANGELA, the Court's Clerk. The Clerk The Advisors The President