We checked on this with the UI team who informed us that the kick option cannot be used until 5 minutes after the start of the dungeon. However, even if a player is in a cutscene, the kick feature can be initiated if there are enough votes to support it. You have to consider the fact that if it was not possible to kick people that were intentionally going AFK while watching a cutscene, then there would be more issues.
That said, as stated by Yoshida previously, we will take abuses of the system seriously and will take action against those using it for malicious purposes.
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