Yes there is a huge chance you'll give away a penalty. But the ref didn't give it. The linesman didn't give it. VAR had to go into slow motion and give it.
And in much the same way, if you kick through a player to get the ball, there's a huge chance you'll give away a penalty. Again, the ref didn't give it. The linesman didn't give it. But VAR didn't do shit.
So as I said - both clear pens. Or at least, both cases need consistency with the ref to go over to the monitor. VAR is meant to be consistent, the same ref has to go and make the final call. They cant decide one is clear and obvious and one wasn't. They were both obvious as feck.