The defense requested that if the defendant is sentenced to prison, it is requested that the duration be shortened to a few months. In addition, she petitioned to take into account the defendant's financial situation and personal circumstances in determining the economic components by imposing minimal and proportionate compensation.
- In his sentencing remarks, the defendant expressed remorse for his actions, described his difficulty in speaking in the group therapy forum and his efforts to open up. He is aware of the seriousness of his actions, according to him, it was the mistake of a small child and he understands the damage. He internalized the mistake on the day of his arrest, since he imagined how he would have reacted if photos of his partner or mother had been circulated.
- Discussion and Decision
The Appropriate Punishment Range - General
- The defendant was convicted of two separate charges of various offenses, which, according to the accuser, justify the establishment of separate compounds. However, I found that the defense's arguments were justified, according to which even according to the accuser's approach, as described at the beginning of the second charge in the amended indictment in which the defendant confessed and was convicted, that "the first charge is an inseparable part of this indictment". Not only that, but in paragraph 29 of the accuser's written arguments, it was noted with regard to the second charge as follows: "... This indictment cannot be detached from the overall context of his activity in the various groups, from the degree of control and influence he had as a manager, and from the fact that he carried out the publications in a clearly abusive environment, which includes the training of entire dangerous norms of trading and brokering sexual content - inter alia at the expense of minors."
Indeed, the first charge cannot be separated from the second charge and must be viewed in accordance with the Jaber Rule (Criminal Appeal 4910/13 Jaber v. State of Israel [Nevo] (October 29, 2014)) as a single factual set, one ongoing criminal event when the determination of the scope will give expression to the multiplicity of acts, the multiplicity of victims, the different types of offenses, the fact that we are dealing with two separate charges, the protected values that were harmed as a result of each of the acts, and other moral considerations.