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【多选题】
某市工商局对中央商场实行执法检查时，认定商场销售假烟、假酒和其他伪劣品，制作现场笔录，查扣这些物品，并责令该商场停业整顿，罚款1万元，但未制作决定书，只交给商场一处罚收据。事后，工商局未送达决定书。中央商场提起行政诉讼，并要求赔偿损失。一审中，工商局制作并向商场送达决定书，声称当时已经制作了现场笔录，因此决定是合法的。工商局还向当时在场的人员调取证据，要他们出庭作证证明其对商场的处罚是合法的。若工商局在诉讼后，重新按照法定的程序对中央商场作出了同样的处罚决定，下列选项正确的是：（）
A.
工商局的这种行为属于以同一事实和理由作出相同的行政行为
B.
若中央商场再行起诉，法院应判决撤销该行政决定
C.
工商局的这种行为不属于以同一事实和理由作出相同的行政行为
D.
若中央商场再行起诉，法院依法审理后，应判决维持该行政决定
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