After reading the detailed arguments of the parties, hearing at length the entirety of the oral argument, and taking the time to watch the videos on which the indictment is based, we came to the conclusion that the appeal, as HaMoked, is essentially justified. Later on, we will delve into and detail the reasons for our impression, with specific reference to each of the controversial indictments. However, at the outset, we would like to clarify that the general picture that emerges from watching the videos is indeed substantially different from what is required in order to impose on the appellant a punishment of the extent that it was sentenced.
The Ottoman Settlement [Old Version] 1916 Make no mistake. The appellant's conduct is inappropriate to that expected of a responsible kindergarten teacher – far from it; The parents were rightly shocked by the gross aggression, which sometimes amounts to actual violence, with which the appellant treated those who were most dear to them. However, in the present case, it is not possible to get the impression that the appellant acted in this way out of hatred and malice, and there is no indication from the videos of a deliberate intention to harm the children, and to cause them pain and suffering. From the totality of the information before us, and especially from an examination of the videos, one gets the impression that the children are dear to the appellant's heart, and that her wrongful actions are the result of numbness, which apparently stems from the mental state in which she found herself at the time, and perhaps also from ongoing burnout and fatigue. Again, this characterization of the appellant's conduct is certainly Isn't justifies her ugly actions, and does not even exempt her from legal responsibility for those events in which her actions crossed the criminal threshold. One who assumes the right and responsibility to engage in the education of our children should do so out of a sense of mission, and he is obligated to do so with faith and devotion. If he is unable to do so, he should do well to remove his hands from caring for minors – and if he continues to do holy work and sin against his obligation – He will be judged for his sins. However, anyone will be punished for his sin. Therefore, even though the phenomenon of the "abusive kindergarten teacher" is serious and shocking, in all its manifestations, still, the level of punishment that should be imposed in each and every case depends on its circumstances. The events for which the appellant should be convicted of criminal offenses (the essence of which she did not appeal at all), and the characteristics of her conduct as they emerge from the totality, justify significant punishment, including by way of imprisonment behind bars; However, in a significant number of the cases described in the indictment, her actions do not reach the criminal threshold, and in general, the appellant's sins do not have the characteristics that justify punishment at the level she was sentenced to in the District Court. Hence, we must significantly reduce the prison sentence imposed on the appellant in the trial court, and reduce it to 18 months in prison. This is the gist of things; And from here to their details.