Examining the circumstances revealed in the record, such as the background leading up to the instant crime, method of commission of the crime, the behavior of the accused before and after the instant crime, and the circumstances after the crime, the Defendant was physically and mentally deprived or physically weak at the time of the instant crime.

Therefore, it is difficult to see that the court below rejected the defendant's argument on the mental and physical loss on the grounds as stated in its reasoning, and there is no error of law by misapprehending the legal principles on mental and physical disability or omitting judgment thereon, as alleged in the

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.