Judge
Vice President Noam Sohlberg:
The case is difficult and unfortunate; The harm caused to helpless toddlers, including the pain of their parents, is before our eyes. However, alongside these clear and obvious statements, and despite the many characteristics common to all criminal proceedings that deal with injuries caused by staff members to toddlers, it is our duty to insist on the equals, the differences, and to determine an appropriate, appropriate punishment. It may be said that all happy genes are similar to each other, but each unhappy gene is miserable in its own way, and most importantly, in its own severity. My friend, the judge A. Grosskopf, he did well to examine the many painful cases that were brought before us in the present proceeding, and also to compare them with other cases and the customary punitive policy; I agree with his rulings and his decision.
I would like to emphasize: the relief from both the District Court's ruling and its sentence may be deceptive; Even afterwards, it is not a light punishment. The appellant will serve an actual prison sentence for a period of 18 months. This is in addition to the high amount of compensation to which she was charged, which she recently paid. I am therefore of the opinion that this sentence correctly takes into account the severity of the acts, as well as the age of the appellant (currently 65 years old) and other personal circumstances.
For the sake of completeness of the picture, I will further note, without putting any rivets on the issue that was not placed before us, that even when it is found that a certain conduct is indeed wrong, but does not cross the criminal threshold – the result of this is Inna The state's exit from the picture is necessarily. The Supervision of Daycare Centers for Toddlers Law, 5779-2018, conditional on the operation of a daycare center for toddlers upon receipt of a license, when it appears that even improper conduct that is not found in the criminal sphere can lead to a refusal to grant a license, or to the revocation of an existing license (see, in particular, Sections 6(7), 8(4), 13 and Chapters 6-7 ibid.). This means that even with regard to acts that will not lead to results on the criminal level, there are tools that will contribute to the protection of those who need it. It is also important to remember that when we are dealing with the Western proceeding, they are criminal acts, which are indeed condemnable, but do not deserve to be condemned. Proportionality is necessary.
Noam SohlbergVice President |