CLV Lk 23:32 Now two others also, malefactors, were led to be despatched together with Him.
CLV Lk 23:33 And when they came away to the place called "Skull," there they crucify Him, and the malefactors, one, indeed, at the right, yet the other at the left.
CLV Lk 23:34 Now Jesus said, "Father, forgive them, for they are not aware what they are doing." Now dividing His garments, they cast the lot.
The word "judging" is not used in this story. It's not used in Matthew or Mark either. Neither is the word "condemned."
But if they were on the cross, that would mean they have already been judged, past tense. Verb tense is a very important part of Ancinet Greek.
_____Strong's_____
G2917 krima kree'-mah
from G2919;
a decision (the function or the effect, for or against ("crime")).
In the case of the two criminals on the crosses next to Jesus, their decision was already made.
I suggest that it is the KJV that is "messed up." And I am NOT messin with you.