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If the guy that's losing gets fouled it should be a NC. Had he been winning prior to the shot then I'd agree with a dq. If the shot is extremely unlikely to affect the outcome (which is an L for Aljo) then a NC is a gift in itself.

The rules say nothing about whether or not the fighter who committed the foul is winning. Yan was guilty of a "flagrant foul" undeniably, and so he was disqualified as per the rules.