The Honorable Justice Noam Sohlberg discussed the manner in which the law was implemented by the court (paragraph 23 of its judgment):
The scope of punishment will therefore be determined in accordance with the principle of adequacy, and in order to implement it, the court will take into account the following three: first, the social value that was harmed by the commission of the offense and the extent of the harm to it; Second, in the customary punitive policy; and third, in circumstances related to the commission of the offense..... We emphasize that the principle of adequacy takes into account the severity of the offense in its circumstances and the degree of guilt of the accused. In other words, consideration must be taken not only of the type of offense committed, but also of the circumstances in which it was committed and the degree of guilt of the defendant in committing it.... It should be noted that only the considerations related to the offense are taken into account in determining the scope of the punishment. The personal circumstances of the defendant are not taken into account at this stage, and in any case will not lead to a linguistic difference between the punishment complexes of two defendants who took a similar part in the commission of the same offense in the same circumstances... The personal circumstances of the defendant will be included in the considerations in determining the appropriate punishment within the punishment range; Not in determining the compound itself."
Waki Verbin, the construction of punishment, discussed three components of action that can be used to determine the scope of punishment (ibid., at p. 430):
"The first component – determining the conceptual severity of the offense by examining the protected social value; The second component – determining the concrete severity of the offense by examining the circumstances related to its commission; The third component – maintaining a certain degree of punitive continuity by taking into account the situation that preceded the enactment of Amendment No. 113, by examining the customary sentencing policy."