The Football Association believe Manchester City striker Sergio Aguero "clearly endangered the safety" of West Ham defender Winston Reid in the incident that landed him with a three-match domestic ban.
Aguero is set to return to action in Wednesday evening's re-arranged Champions League Group C match against Borussia Monchengladbach, having started his punishment by sitting out last Saturday's 2-1 win in the Manchester derby at Old Trafford.
City contested the violent conduct charge against their top scorer after referee Andre Marriner did not see the incident during last month's 3-1 win over West Ham at the Etihad Stadium.
But the written reasons from the independent commission examining the clash with Reid, published by the FA, were damning with regards to Aguero's conduct.
The three-man commission, chaired by former Blackburn Rovers and Southampton winger Stuart Ripley, said Aguero had "thrown out his left arm in an aggressive manner that was excessive in force and brutal, which clearly endangered the safety of Mr Reid.
"Indeed, even though the point of Mr Aguero's elbow did not connect with Mr Reid, his flailing forearm did and this contact between forearm and throat/neck clearly hurt Mr Reid."
The commission also noted "the clenched fist of Mr Aguero as he threw his left elbow towards Mr Reid, the upward angle of the movement and the force of the movement."
Aguero will return to the sidelines when Premier League leaders City host Bournemouth on Saturday.
He will also miss next Wednesday's EFL Cup trip to Swansea City, but is eligible for the league match against the same opponents at the Liberty Stadium on September 24.
