Examining the record, the lower court is justifiable to have rejected the Defendant’s assertion on the mental and physical loss or mental weakness based on its stated reasoning.

In doing so, there was no error by mistake or omission of a trial as to mental disorder.

In addition, according to the records, the defendant appealed against the judgment of the first instance, and only asserted mental disorder and sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine cannot be a legitimate ground for appeal.

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